Category Archives: Criminal Procedure

The Code of Criminal Procedure, 1973 is the procedural law providing the machinery for punishment of offenders under substantive criminal law.

Reference and Revisionary Powers of Courts under CRPC

In India, we follow a very well established hierarchy of courts whereby the Courts of Magistrates and Courts of Sessions Judge are the trial courts and considered to be sub-ordinate criminal courts and High Court and Supreme Court are appellate and supervisory courts and are considered superior courts. The superior courts have been established by the India Constitution and… Read More »

Inherent Powers of the High Court in Criminal Matters

The Indian Criminal Justice Administration seeks to prevent the offenders from committing any offence and thereby endeavours to protect society against offences. The Code of Criminal Procedure, 1973 empowers the criminal courts in India to bring an accused to justice and for that purpose; the legislators have drafter elaborate procedure in the Cr.P.C. However, the Code is not… Read More »

Passing of a Maintenance order and Alteration of order of allowance

This article deals with essential conditions for the passing of a maintenance order and alteration of the order of allowance. Introduction According to the Hindu Adoption and Maintenance Act, 1956, maintenance includes “provision for food, clothing, residence, education and medical attendance and treatment. In the case of an unmarried daughter, it also includes all reasonable expenditure of an… Read More »

An analysis of the concept of victim compensation under CrPC

Through the Criminal Law (Amendment) Act of 2008, the Victim Compensation Scheme was launched under the Code of Criminal Procedure. Introduction Under the Indian Criminal Justice administration, an offence is presumed to be committed against the State even though it is actually committed against the aggrieved person or the victim. Since the approach is that the State is… Read More »