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.

Discuss the grounds on which an application under Section 319 CrPC for the summoning of a person as an accused can be filed and at what stage of the proceedings can. The court does so with reference to the latest case law of the Supreme Court in the case of Hardeep Singh v. State of Punjab (2014)

Question: Discuss the grounds on which an application under Section 319 CrPC for the summoning of a person as an accused can be filed and at what stage of the proceedings can. The court does so with reference to the latest case law of the Supreme Court in the case of Hardeep Singh v. State of Punjab (2014)……...

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A files a complaint petition against B for voluntarily causing hurt to him. The concerned Magistrate dismisses the complaint petition of A. After some days, A again files the complaint petition against B… The accused challenges the cognizance under Section 482… Is his argument sustainable in law?

Question: A files a complaint petition against B for voluntarily causing hurt to him. The concerned Magistrate dismisses the complaint petition of A. After some days, A again files the complaint petition against B for the same offence on the same facts. This time Magistrate takes the cognizance of the case. The accused challenges the cognizance under Section……...

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Nanakchand was tried along with others on the charge of Section 302 IPC read with Section 149. At the end of the trial, the applicability of Section 149 was not established and the trial court convicted him under Section 302 read with Section 34, IPC. Whether the conviction is valid?

Question: Nanakchand was tried along with others on the charge of Section 302 IPC read with Section 149. At the end of the trial, the applicability of Section 149 was not established and the trial court convicted him under Section 302 read with Section 34, IPC. Whether the conviction is valid? Reply with reasons and support of leading……...

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N lodged a report with the police against H, the father of P, a minor girl of 17 years, alleging that the house of H was visited by persons of bad repute and that P had immoral relations with them. H filed a complaint… It was contended on behalf of N that the previous acquittal was a bar. Decide

Question: N lodged a report with the police against H, the father of P, a minor girl of 17 years, alleging that the house of H was visited by persons of bad repute and that P had immoral relations with them. H filed a complaint about defamation against N, but it was compounded by the accused tendering apology….…...

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In a summons case, triable by the magistrate, the complainant A seeks permission from the court to withdraw the case filed against B. The Magistrate trying the case… Is it necessary for a Magistrate to record the reasons while granting such permission for withdrawal of complaint?

Question: In a summons case, triable by the magistrate, the complainant A seeks permission from the court to withdraw the case filed against B. The Magistrate trying the case is satisfied that there are reasonable grounds for giving permission for withdrawal. As such he gives his permission but does not record the ‘reasons’ for giving such permission. Is……...

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In a complaint case, the complainant on a date fixed is absent. Counsel for the accused urged that the complaint be dismissed and the accused acquitted. Counsel for the complainant contends… therefore the case be adjourned to some other date. Decide

Question: In a complaint case, the complainant on a date fixed is absent. Counsel for the accused urged that the complaint be dismissed and the accused acquitted. Counsel for the complainant contends, however, that there was nothing to be done as summons for the doctor, for whose evidence, the date was fixed had not been issued by the……...

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A, a complainant wants to withdraw a complaint, filed against the accused B in case of a ‘warrant’ trial. Can A do so? Give reasons and also refer to the case law/ laws on the point, if any.

Question: A, a complainant wants to withdraw a complaint, filed against the accused B in case of a ‘warrant’ trial. Can A do so? Give reasons and also refer to the case law/ laws on the point, if any. Find the answer only on Legal Bites. [A, a complainant wants to withdraw a complaint, filed against the accused……...

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A, a Sessions Judge confers power upon B, a 1st class Magistrate to conduct a case summarily. Is the order of the Sessions Judge conferring power upon the 1st Class Judicial Magistrate valid?

Question: A, a Sessions Judge confers power upon B, a 1st class Magistrate to conduct a case summarily. Is the order of the Sessions Judge conferring power upon the 1st Class Judicial Magistrate valid? Find the answer only on Legal Bites. [A, a Sessions Judge confers power upon B, a 1st class Magistrate to conduct a case summarily….…...

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In a trial of summons case, the accused A pleads guilty to the Magistrate trying the case. However, the Magistrate does not believe the plea of guilt as true and does not convict the accused on the basis of such pleading and proceeds with the trial. Can the Magistrate do so?

Question: In a trial of summons case, the accused A pleads guilty to the Magistrate trying the case. However, the Magistrate does not believe the plea of guilt as true and does not convict the accused on the basis of such pleading and proceeds with the trial. Can the Magistrate do so? Give reasons and also refer to……...

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In a ‘summons’ trial, an accused pleads guilty under Section 252 of CrPC. After such pleading of guilt, the Magistrate convicts the accused and does not follow the procedure under Section 281 of CrPC. Is the conviction illegal?

Question: In a ‘summons’ trial, an accused pleads guilty under Section 252 of CrPC. After such pleading of guilt, the Magistrate convicts the accused and does not follow the procedure under Section 281 (record of the examination of accused) of CrPC. Is the conviction illegal? Give reasons and refer to the case law, if any, on this point….…...

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