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.

Trial in Summons Cases | Step by Step

Introduction to Summons Cases The Criminal Procedure Code of 1973 is, as is clearly indicated by its title, a comprehensive enactment laying down the law relating to criminal procedure. But it is worth mentioning that the code is not a pure adjective law of procedure; there are some provisions in it which take the nature of substantive law. For……...

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Procedure of Trial Before Sessions Court

Introduction Sessions Court is the court that deals with criminal cases at a district level. To be more precise, it deals with the more serious warrant cases. It cannot take cognizance directly of any offense except in cases of defamation as given u/s 199 of CrPC. In rest other, a competent magistrate takes cognizance and commits the case……...

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Provision of Appeal under Criminal Procedure Code

Introduction The term “appeal” has not been defined in the code. According to the dictionary meaning, an appeal is a complaint or grievance to a superior court for reconsideration or review of a decision, verdict or sentence of a lower court.[1] It has been said that every human being is fallible and a judge is not an exception….…...

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Plea Bargaining: Concept, Features, Object and Analysis

Introduction In India, Plea Bargaining has certainly changed the face of the Indian Criminal Justice System. It is applicable in respect of those offences for which punishment is up to a period of 7 years. Moreover, it does not apply to cases where the offence committed is a Socio-Economic offence or where the offence is committed against a……...

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Procedures Followed by Magistrates in Court

Procedure to be followed by magistrates when a complaint is filed before them The procedure to be followed and the powers conferred to the magistrate are given in the criminal procedure code, 1973 and also some in Indian Penal Code, 1860. The primary and main objective of these proceedings to be conducted is to ensure that the trail……...

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Introduction to the Code of Criminal Procedure and Important Definitions

Introduction to the Code of Criminal Procedure and Important Definitions | Overview Introduction Offence Bailable Offence and Non-bailable Offence Cognizable Offence and Non-cognizable Offence Complaint Bail Inquiry Investigation Judicial Proceeding Pleader Public Prosecutor Summons and Warrant Cases Introduction The Code of Criminal Procedure 1973 is the procedural law providing the machinery for the punishment of offenders under substantive……...

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Initiation of Criminal Proceedings

Magistrate may proceed against an accused on the basis of a complaint of facts; or an information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed (section 190 CrPC). The criminal investigation process and prosecution mechanism in India, can be started in any of the following manner:……...

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Summon & Warrant Cases

SUMMONS AND WARRANTS The general processes to compel appearance are: (1) Summons (Section 61) (2) Warrants (Section 70) SUMMONS A summon is issued either for appearance or for producing a document or thing which may be issued to an accused person or witness. Every summons issued by the Court shall be in writing, in duplicate, signed by the……...

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