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.

Difference between Illegal and Irregular Procedure

Difference between Illegal and Irregular Procedure | Overview Meaning of Procedure under the Law Meaning of ‘Illegality’ and ‘Irregularity’ The distinction between Procedural Illegality and Irregularity Points of difference between Irregularity and Illegality Procedural Irregularity under the Cr.P.C Conclusion Meaning of Procedure under the Law A Critical Analysis of the Difference between Illegal and Irregular Procedure has not……...

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Procedure of Issue of Process and Examination of Complainant when a Complaint is Filed Before a Magistrate

Procedure of Issue of Process and Examination of Complainant when a Complaint is Filed Before a Magistrate | Overview Introduction Examination of the Complainant Issue of Process in Complaint REFERENCES The article shall enlighten the understanding of the process of examination of the complainant, issue of process to the accused and how the court proceeds with the trial….…...

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Provisions as to Offence Affecting The Administration Of Justice

INTRODUCTION It is a general rule in law that anybody can report an offence and Court takes cognizance of the offence. But due to the nature of certain offences under the Indian Penal Code, the legislature, has restricted this right in respect of certain offences, particularly in section 195 of Cr.p.c., 1973. The Public servants and Courts can……...

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Provisions As To Accused Persons Of Unsound Mind

INTRODUCTION Chapter 25 of the Code of Criminal Procedure deals with the accused persons of unsound mind. The chapter starts with Section 328 and ends at Section 339. An accused person in a layman language is any person who is presumed to be charged with some offence, or against whom any claim of committing an offence is made….…...

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Limitation For Taking Cognizance Of Certain Cases

INTRODUCTION The Code of Criminal Procedure has a full section dedicated to the cognizance of offences by the Magistrates and has also dealt with the restrictions placed on his power of cognizance regarding certain offences. Chapter XIV of the Code of Criminal Procedure lays down cognizance as one of the conditions requisite for initiation of proceedings employs the word……...

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Disposal Of Property Under Criminal Law

INTRODUCTION Chapter 34 of the code of criminal procedure deals with the disposal of property under criminal law. Ordinarily, disposal of property can be done through sale, transfer or relinquished. But under criminal law, the property in question is not an ordinary property or article rather it is a property against which an offense has been committed or……...

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Transfer of Criminal Cases by the Courts

Transfer of Criminal Cases by the Courts | Overview Introduction Power of Supreme Court to transfer cases and appeals: Section 406 of Cr.P.C Powers of High Court to transfer cases and appeals: Section 407 of Cr.P.C Power of session’s judge to transfer cases and appeals: Section 408 of Cr.P.C Withdrawal of cases and appeals by Sessions Judge: Section 409……...

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Inherent Powers Of High Court

Introduction The object of the criminal law is to punish those who commit offence against society. Our country’s law of crimes is mainly maintained in Code of Criminal Procedure, 1973 which came into force from April 1, 1974. It provides for the detection of crime, the collection of evidence, determination of guilt or innocence of the accused and……...

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Constitution of Criminal Courts and it’s Hierarchy

Constitution of Criminal Courts and it’s Hierarchy | Overview Introduction Classes of Criminal Courts Power of Courts to try offences Power of the Court to pass sentences Sentences which High Courts and Sessions Judges may pass Sentences which Magistrates may pass Sentence of imprisonment in default of fine Sentences in cases of conviction of several offences at one……...

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Difference between procedure of trial for Warrant Case and Summon Case

INTRODUCTION A police report is defined in this Code and according to these provisions ‘Police report means a report forwarded by a police officer to a Magistrate under sec. 173 of the code. When in any warrant case instituted on a police report the accused appears or is brought before a Magistrate at the commencement of trial. A……...

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