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.

Offence under Section 302 of I.P.C. is proved against A, beyond all shadows of reasonable doubt. The Sessions Judge proceeds to convict the accused and sentenced him to imprisonment for life without hearing him on the question of sentence. Can such judgment stand on appeal?

Question: Offence under Section 302 of I.P.C. is proved against A, beyond all shadows of reasonable doubt. The Sessions Judge proceeds to convict the accused and sentenced him to imprisonment for life without hearing him on the question of sentence. Can such judgment stand on appeal? [WB J.S. 1998] Find the answer only on Legal Bites.  [Offence under……...

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Briefly describe the procedure prescribed for trial before the Court of Session.

Question: Briefly describe the procedure prescribed for trial before the Court of Session. [MP (J) 1998, Bihar (J) 1986/1987] Find the answer only on Legal Bites. [Briefly describe the procedure prescribed for trial before the Court of Session.] Answer Sessions Court is the court that deals with criminal cases at a district level. To be more precise, it……...

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Three accused persons namely A, B and C commit the offence of cheating under Section 420 of I.P.C. in furtherance of their common intention. The trial court frames the charge against them under Section 420 but does not mention Section 34 in the charge… Should the appellate court set aside the conviction?

Question: Three accused persons namely A, B and C commit the offence of cheating under Section 420 of I.P.C. in furtherance of their common intention. The trial court frames the charge against them under Section 420 of I.P.C. but does not mention Section 34 of I.P.C. (common intention) in the charge. After trial, the court convicts them. A,……...

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A is accused of theft on one occasion, and of causing grievous hurt on another occasion. A gives an application in writing to try both the offences at one trial. Can the Magistrate do so?

Question: A is accused of theft on one occasion, and of causing grievous hurt on another occasion. A gives an application in writing to try both the offences at one trial. Can the Magistrate do so? [RJS, 1991] Find the answer only on Legal Bites. [A is accused of theft on one occasion, and of causing grievous hurt……...

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A is accused of six offences of the same kind committed within a space of twelve months from the first to last of such offences in respect of the same person. Can he be tried at one trial for all those offences?

Question: A is accused of six offences of the same kind committed within a space of twelve months from the first to last of such offences in respect of the same person. Can he be tried at one trial for all those offences? [RJS 1976] Find the answer only on Legal Bites. [A is accused of six offences……...

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A is alleged to have attempted to commit the murder of B and also alleged to have committed the murder of B, one month after the alleged attempt to murder. Can A be tried for an attempt to commit murder (under Section 307 I.P.C.) and for murder (under Section 302 I.P.C.) at one trial?

Question: A is alleged to have ‘attempted’ to commit the murder of B and also alleged to have committed the murder of B, one month after the alleged attempt to murder. Can A be tried for an attempt to commit murder (under Section 307 I.P.C.) and for murder (under Section 302 I.P.C.) at one trial? Give reasons and……...

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Whether trial of more than three offences at one trial committed within a year is ‘irregular’ or ‘illegal’? Give reasons and refer to the case law in support of your reason.

Question: Whether trial of more than three offences at one trial committed within a year is ‘irregular’ or ‘illegal’? Give reasons and refer to the case law in support of your reason. Find the answer only on Legal Bites. [Whether trial of more than three offences at one trial committed within a year is ‘irregular’ or ‘illegal’? Give……...

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A is charged by the trial court for a certain offence. During the trial, the trial court added a charge of another offence also against the accused A. Is the addition of a new charge during a trial by the trial court valid? If so, refer to the relevant provision.

Question: A is charged by the trial court for a certain offence. During the trial, the trial court added a charge of another offence also against the accused A. Is the addition of a new charge during a trial by the trial court valid? If so, refer to the relevant provision. Find the answer only on Legal Bites….…...

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Can a person charged with an offence, which on facts proved reduces it to a minor offence, be convicted of that minor offence, although he was not charged with it?

Question: Can a person charged with an offence, which on facts proved reduces it to a minor offence, be convicted of that minor offence, although he was not charged with it? [WB J.S. 2000] Find the answer only on Legal Bites. [Can a person charged with an offence, which on facts proved reduces it to a minor offence,……...

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‘A’ lodges an F.I.R. at a Police Station against a named accused of a cognizable offence. Upon conclusion of the investigation, the Police filed before the concerned Magistrate’s a Final Report absolving the accused. What steps the Magistrate will take, and what options are open to the informant’s complaint in case the Magistrate accepts the Final Report?

‘A’ lodges an F.I.R. at a Police Station against a named accused of a cognizable offence. Upon conclusion of the investigation, the Police filed before the concerned Magistrate’s a Final Report absolving the accused. What steps the Magistrate will take, and what options are open to the informant’s complaint in case the Magistrate accepts the Final Report? [U.P.H.J.S….…...

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