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.

A, a complainant seeks permission for withdrawal of the complaint from the Magistrate under Section 257, CrPC in a summons case. Is the Magistrate bound to give permission for such withdrawal? Give reasons and also refer to case law, if any, on the point.

Question: A, a complainant seeks permission for withdrawal of the complaint from the Magistrate under Section 257, CrPC in a summons case. Is the Magistrate bound to give permission for such withdrawal? Give reasons and also refer to case law, if any, on the point. Find the answer only on Legal Bites. [A, a complainant seeks permission for……...

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What is the effect of non-appearance or death of complainant in a trial of summon cases by Magistrate?

Question: What is the effect of non-appearance or death of complainant in a trial of summon cases by Magistrate? [UPPCS (J) 1984, UP (J) 2012] Find the answer only on Legal Bites. [What is the effect of non-appearance or death of complainant in a trial of summon cases by Magistrate?] Answer In the case where the complainant does……...

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Who can withdraw the complaint and what is its effect?

Question: Who can withdraw the complaint and what is its effect? [UPCJ 1985] Find the answer only on Legal Bites. [Who can withdraw the complaint and what is its effect?] Answer According to Section 257 of CrPC that deals with the Withdrawal of Complaint; the complainant can withdraw the case before the final judgment by satisfying the Magistrate……...

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A Sessions Judge convicts an accused X without hearing him on ‘question of the sentence’, while the case has been proved beyond all reasonable doubts. On appeal in the High Court, the argument advanced by X… Is the conviction of X liable to be quashed on the aforesaid ground?

Question: A Sessions Judge convicts an accused X without hearing him on ‘question of the sentence’, while the case has been proved beyond all reasonable doubts. On appeal in the High Court, the argument advanced by X is that conviction is liable to be set aside as he was not heard by the Sessions Judge on ‘question of……...

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A is charged with murder by the trial court under Section 302 I.P.C. But the court convicts him for ‘abetment for murder’ without framing the charge for the same. A prefers an appeal for setting aside the conviction on the ground that no charge was framed for ‘abetment for murder’… Will the prosecution succeed?

Question: A is charged with murder by the trial court under Section 302 I.P.C. But the court convicts him for ‘abetment for murder’ without framing the charge for the same. A prefers an appeal for setting aside the conviction on the ground that no charge was framed for ‘abetment for murder’. The prosecution opposes the admission of appeal……...

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On a complaint made by C, a Court of Session takes cognizance of the offence under sub-Section (2) of 199 of the CrPC and tries the accused. The Court finds that there was no reasonable cause for making the accusation and hence orders C to pay Rs. 2,500 to the accused by way of compensation. C challenges the said order. Decide.

Question: On a complaint made by C, a Court of Session takes cognizance of the offence under sub- Section (2) of 199 of the CrPC and tries the accused. The Court finds that there was no reasonable cause for making the accusation and hence orders C to pay Rs. 2,500 to the accused by way of compensation. C……...

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Distinguish between the dismissal of a complaint discharge and acquittal what are the remedies available in each of these cases?

Question: Distinguish between the dismissal of a complaint discharge and acquittal what are the remedies available in each of these cases? [R.J.S. 1989, UPHJS 2012] Find the answer only on Legal Bites. [Distinguish between the dismissal of a complaint discharge and acquittal what are the remedies available in each of these cases?] Answer A distinction has to be……...

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Suppose you are a Public Prosecutor in a Sessions Court. A murder case has been entrusted to you. What steps will you take during the course of the trial till its conclusion? What steps shall the court take? State in detail.]

Question: Suppose you are a Public Prosecutor in a Sessions Court. A murder case has been entrusted to you. What steps will you take during the course of the trial till its conclusion? What steps shall the court take? State in detail. [HJS 1996] Find the answer only on Legal Bites. [Suppose you are a Public Prosecutor in……...

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A and B are said to have committed the offence of cheating under Section 420 IPC in furtherance of common intention (Section 34, IPC). The charge is framed against them by the trial court under Section 420, IPC. But after trial, the trial court convicts only… Is the conviction of A sustainable at law?

Question: A and B are said to have committed the offence of cheating under Section 420 IPC in furtherance of common intention (Section 34, IPC). The charge is framed against them by the trial court under Section 420, IPC. But after trial, the trial court convicts only A under Section 420 IPC. A prefers an appeal for setting……...

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A, an accused is charged with culpable homicide not amounting to murder. Can he be convicted for ‘criminal breach of trust’ without specifically framing the charge for criminal breach of trust?

Question: A, an accused is charged with culpable homicide not amounting to murder. Can he be convicted for ‘criminal breach of trust’ without specifically framing the charge for criminal breach of trust? Find the answer only on Legal Bites. [A, an accused is charged with culpable homicide not amounting to murder. Can he be convicted for ‘criminal breach……...

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