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.

Define and distinguish between Charge and Offences

Question: Define and distinguish between Charge and Offences. Find the answer to the mains question only on Legal Bites. [Define and distinguish between Charge and Offences.] Answer The word offence is derived from the Latin word “offendere”, which means to strike again and is considered as an evil act. In terms of law, it is an act that is……...

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Define and distinguish between Inquiry and Investigation

Question: Define and distinguish between Inquiry and Investigation [U.P.C.J. 1991]  Find the answer to the mains question only on Legal Bites. [Define and distinguish between Inquiry and Investigation.] Answer The term “Inquiry” means every inquiry other than a trial, conducted by a Magistrate or the Court. The Code of Criminal Procedure 1973, defines the term inquiry in Section 2(g)….…...

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Define and distinguish between Police and Judicial Remand

Question: Define and distinguish between Police and Judicial Remand. Find the answer to the mains question only on Legal Bites. [Define and distinguish between Police and Judicial Remand.] Answer Police custody or remand means that the physical custody of the accused is with the Police, the accused is lodged in a lock-up of a police station. After an FIR……...

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FIR: Common Issues in Registering and Remedies

It is the duty of a police officer to record the complaint that is brought to the police station and this is formally known as the First Information Report (FIR). All though it is to be mandatorily done by the police, it’s very often to see flaws committed from both sides (police and complainants). The article discusses the……...

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Meaning, Form and Content of Charge under the Cr.P.C, 1973

Meaning, Form and Content of Charge under the Cr.P.C, 1973 | Overview Introduction Meaning of Charge Purpose of Charge Form of Charge Contents of a Charge-sheet Errors in Charge and its Effect Introduction Section 2 (b) of the Code of Criminal Procedure, 1973 (hereinafter, ‘CrPC’) defines ‘charge’ in an inclusive manner. According to this provision, the charge includes……...

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Procedure of Dismissal of Complaint under the Code of Criminal Procedure, 1973

Procedure of Dismissal of Complaint under the Code of Criminal Procedure, 1973 | Overview Introduction Procedure after Filing Complaint Reasons for Dismissal of Complaint Failure to Fulfil Requirements of Section 200 Absence of Complainant from Examination No Case Made Out Insufficient Evidence or Adverse Police Report Procedure to be Followed for Dismissal This article shall deal with the……...

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Meaning and Purpose of Complaint and the Difference Between an FIR and a Complaint

Meaning and Purpose of Complaint and the Difference Between an FIR and a Complaint | Overview Introduction Cognizance of an FIR and Complaint Difference Between FIR and Complaint REFERENCES In our day to day lives, we often use the terms FIR and complaint interchangeably stating that “complaint is lodged before police” or “FIR is lodged before police” as……...

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An Analysis of Offenses under Cr.P.C that are Triable Together

An Analysis of Offenses under Cr.P.C that are Triable Together | Overview Introduction Offenses Triable Together Application by the Accused Three Offences of the Same Kind within a Year Offences Committed in the Same Transaction Where it is Doubtful What Offence has been Committed Where Two or More Persons can be Charged Jointly Effect on Jurisdiction in Joint……...

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Determination Of Jurisdiction For Inquiry And Trial Of Offences

Determination Of Jurisdiction For Inquiry And Trial Of Offences | Overview Introduction Territorial Jurisdiction of Criminal Courts Original Place of Inquiry and Trial The jurisdiction in Specific Offenses Jurisdiction when Offense Committed by Letters/Post Jurisdiction when Offense Committed during a Voyage Jurisdiction for Offenses Jointly Triable The jurisdiction in Other Cases Jurisdiction when Offense Committed Outside India This……...

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Provision Related to Enquiry and Investigation of Cases of Unnatural Death

Provision Related to Enquiry and Investigation of Cases of Unnatural Death | Overview Introduction Unnatural Death under CrPC Conducting Inquest and Inquest Report Responsibilities of the Executive Magistrate Cases of Unnatural Dowry Deaths Whenever there is a death of a person in abnormal circumstances, the situation calls for police intervention. This may include murder, suicide, accidental death etc….…...

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