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.

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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Functionaries under the Criminal Procedure Code 1973

In this section, we will discuss the important functionaries under the Criminal Procedure Code 1973.  They are – (a) Police, (b) Prosecutor, (c) Defence Counsel and (d) Prison Authorities. Important Functionaries in details:- 1. Police The ordinary criminal courts derive their existence from CrPC. However, CrPC does not say anything about the constitution of Police. It assumes the……...

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Arrest of a Person

Meaning Fair trial requires that the trial proceedings are conducted in the presence of the accused and that he is given a fair chance to defend himself.  Consequently, the provisions regarding the issue of summons, or of a warrant of arrest or arrest without warrant are all aimed at ensuring the presence of accused at his trial without……...

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Bail – Provisions as to bail and bonds

Object and meaning of bail The object of arrest and detention of the accused person is primarily to secure his appearance at the time of trial and to ensure that in case he is found guilty he is available to receive the sentence. If his presence at the trial could be reasonably ensured otherwise than by his arrest……...

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Rights of an Arrested Person

Rights of an Arrested Person | Overview Right to know the grounds of Arrest Information regarding the Right to be released on Bail Right to be taken before a Magistrate without Delay Rights at Trial Right to Consult a Legal Practitioner Rights of Free Legal Aid Right to be examined by a Medical Practitioner Right to Silence The……...

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First Information Report (F.I.R.)

Meaning The information regarding commission of an offense has to be entered in a book available with the police. The information so recorded is called First Information Report i.e. F.I.R. It is an information to the police station at first in point of time that an offense has been committed and on the basis of which the investigation is……...

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