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 commits two offences of the same kind against B within a year. Can A be charged and tried for the offences at one trial? Give reasons.

Question:  A commits two offences of the same kind against B within a year. Can A be charged and tried for the offences at one trial? Give reasons. Find the answer only on Legal Bites. [A commits two offences of the same kind against B within a year. Can A be charged and tried for the offences at……...

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A is charged with murdering Haider Baksh on 20th January 1997 and Khuda Baksh on 21st January 1997. When charged for the murder of Haider Baksh he was tried for the murder… A is convicted by a court. A challenges the said conviction on the ground of error in the charge. Decide

Question: A is charged with murdering Haider Baksh on 20th January 1997 and Khuda Baksh on 21st January 1997. When charged for the murder of Haider Baksh he was tried for the murder of Khuda Baksh. The witnesses present in his defence were the witnesses in the case of Haider Baksh. A is convicted by a court. A……...

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For every distinct offence of which any person is accused, there shall be a separate charge, and every such charge shall be tried separately. State the exceptions to this rule, if any.

Question: For every distinct offence of which any person is accused, there shall be a separate charge, and every such charge shall be tried separately. State the exceptions to this rule, if any. [UPCJ 2015] Find the answer only on Legal Bites. [For every distinct offence of which any person is accused, there shall be a separate charge,……...

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A is accused of theft of a certain article at a certain time and place. Is it necessary to set out in the charge, the manner in which the theft was effected?

Question: A is accused of theft of a certain article at a certain time and place. Is it necessary to set out in the charge, the manner in which the theft was effected? [WB J.S. 1996] Find the answer only on Legal Bites. [A is accused of theft of a certain article at a certain time and place….…...

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A is accused of an attempt to commit the offence of cheating. Is it necessary for the trial court to mention the manner of cheating while the court is framing a charge against the accused? Give reasons and refer to the case law, if any, on this point.

Question: A is accused of an attempt to commit the offence of cheating. Is it necessary for the trial court to mention the manner of cheating while the court is framing a charge against the accused? Give reasons and refer to the case law, if any, on this point. Find the answer only on Legal Bites. [A is……...

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Whether charges under section 395 or 498-A IPC against more than one person can be framed without the aid of section 34 or 120-B IPC?

Question: Whether charges under section 395 or 498-A of IPC against more than one person can be framed without the aid of section 34 or 120-B IPC? Find the answer only 0n Legal Bites. [Whether charges under section 395 or 498-A of  IPC against more than one person can be framed without the aid of section 34 or……...

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Is a defective charge necessarily fatal to conviction?

Question: Is a defective charge necessarily fatal to conviction.[UPCJ. 1992] Find the answer only on Legal Bites. [Is a defective charge necessarily fatal to conviction?] Answer The charge is defined under Section 2 (b) of the Code of criminal procedure (CrPC), which says “charge” includes any head of the charge when the charge contains more heads than one….…...

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A company lodged the first information report for offences under Sections 408/420 I.P.C. against ‘X’ its former Divisional Manager. After completing the investigation, a report under Section 173, CrPC was sent to the Magistrate stating that the case was of civil nature… Decide the Objection.

Question: A company lodged the first information report for offences under Sections 408/420 I.P.C. against ‘X’ its former Divisional Manager. After completing the investigation, a report under Section 173, Cr. P.C. was sent to the Magistrate stating that the case was of civil nature. The Company lodged a protest petition with the Magistrate and sought permission to prove……...

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A Magistrate, after considering reports of two inquiries under Section 190 CrPC, orders another inquiry under Section 202. After considering all those reports, he takes cognizance of offence. Examine the legality

Question: A Magistrate, after considering reports of two inquiries under Section 190 CrPC, orders another inquiry under Section 202. After considering all those reports, he takes cognizance of offence. Examine the legality of the Magistrate’s action, referring to case law. [MPHJS 2008, BIHAR J 1997, 1986, MPJ 2012, P.C.J., 2006] Find the answer only on Legal Bites. [A……...

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What are the contents of charge under the Code of Criminal Procedure, 1973?

Question: What are the contents of charge under the Code of Criminal Procedure, 1973?. [UPHJS 2018] Find the answer only on Legal Bites. [What are the contents of charge under the Code of Criminal Procedure, 1973?] Answer Section 2(b) of the Code of Criminal Procedure, 1973 (hereinafter, ‘CrPC’) defines ‘charge’ in an inclusive manner. According to this provision,……...

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