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.

What do you mean by “taking cognizance of an offence”? State how cognizance of offence is taken by a Magistrate.

Question: What do you mean by “taking cognizance of an offence”? State how cognizance of offence is taken by a Magistrate. [U.P.C.J. 2012, JJS, 2014, DJS, 1984, UPHJS 2016, Raj J 2011, UPAPO 1988] Find the answer only on Legal Bites. [What do you mean by “taking cognizance of an offence”? State how cognizance of offence is taken……...

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A, an accused is being tried by a Magistrate in a summons case. The investigation is not concluded within six months from the date on which the accused was arrested. The concerned Magistrate passes an order under Section 167(5), Cr. P.C. to stop the further investigation………………… Can the Sessions Judge of the same sessions division vacate the order of the concerned Magistrate passing the order of stopping further investigation?

Question: A, an accused is being tried by a Magistrate in a summons case. The investigation is not concluded within six months from the date on which the accused was arrested. The concerned Magistrate passes an order under Section 167(5), CrPC to stop the further investigation and discharges the accused while the officer conducting the investigation satisfies the……...

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Explain the duties and rights of investigation of the officer-in-charge of a police station in a case of murder, death in accident or suicide, etc.

Question: Explain the duties and rights of investigation of the officer-in-charge of a police station in a case of murder, death in accident or suicide, etc. [DJS, 1989] Find the answer only on Legal Bites. [Explain the duties and rights of investigation of the officer-in-charge of a police station in a case of murder, death in accident or……...

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A commits the murder of B in Bangalore. B is a resident of Chennai. A is arrested at Madurai. At what place or places the trial may take place? Can offender A be tried at Chennai, of which B was a resident, or at Madurai, where A was arrested?

Question: A commits the murder of B in Bangalore. B is a resident of Chennai. A is arrested at Madurai. At what place or places the trial may take place? Can offender A be tried at Chennai, of which B was a resident, or at Madurai, where A was arrested? Find the answer only on Legal Bites. [A……...

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Every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed. Discuss. Are there any exceptions to this rule? If so, what?

Question: Every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed. Discuss. Are there any exceptions to this rule? If so, what? [U.P.C.J. 1997, JJS, 2001, MPHJS. 2017, BIHAR J 1987, UP APO. 1997, UPCJ. 2018, UPHJS 2007] Find the answer only on Legal Bites. [Every offence shall ordinarily……...

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Recovery of the stolen articles | ‘X’ a petty hawker engaged in selling pens and sundry items at I.S.B.T. is produced before you by the police on 11.10.99 on the allegations that he was arrested on the previous day i.e. 10.10.99 in case F.I.R. 301/99 Police Station Kashmere Gate under section 379 I.P.C. relating to pickpocket of a passenger P. Police prayed that ‘X’ be given in police custody for two days to enable them to affect the recovery….. Decide

Question: Recovery of the stolen articles | ‘X’ a petty hawker engaged in selling pens and sundry items at I.S.B.T. is produced before you by the police on 11.10.99 on the allegations that he was arrested on the previous day i.e. 10.10.99 in case F.I.R. 301/99 Police Station Kashmere Gate under section 379 I.P.C. relating to pickpocket of……...

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What is a Post Mortem Report?

Question: What is a Post Mortem Report? Find the answer only on Legal Bites. [What is a Post Mortem Report?] Answer The statement under Section 174 cannot be used as a substantive piece of evidence as such a statement would be within the inhibition of Section 162 which provides inter alia that no statement of any person, if……...

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What is the remedy of an investigating police officer in case he wants to detain a person arrested for more than 24 hours?

Question: What is the remedy of an investigating police officer in case he wants to detain a person arrested for more than 24 hours? [UPCJ  2000, UPHJS 2000, UPAPO 2014] Find the answer only on Legal Bites. [What is the remedy of an investigating police officer in case he wants to detain a person arrested for more than……...

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Can a Magistrate stop investigation? If so, in what cases and under which provision of the Code of Criminal Procedure?

Question: Can a Magistrate stop investigation? If so, in what cases and under which provision of the Code of Criminal Procedure? [W.B.J.S. 1997] Find the answer only on Legal Bites. [Can a Magistrate stop investigation? If so, in what cases and under which provision of the Code of Criminal Procedure?] Answer Section 159 of the Criminal Procedure Code……...

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Discuss the provision under CrPC regarding the medical examination of the victim of rape

Question: Discuss the provision under CrPC regarding the medical examination of the victim of rape. Find the answer only on Legal Bites. [Discuss the provision under CrPC regarding the medical examination of the victim of rape.] Answer Section 164-A was inserted by CrPC (Amendment) Act, 2005 which runs as follows: Medical examination of the victim of rape- (1)……...

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