Trial Before the Court of Session Explained

The word ‘trial’ is undefined in the Criminal Procedure Code. The trial can be defined as a type of inquiry with the object to determine the guilt or innocence of the accused person. Warrant cases are triable either by the Court of Session or Magistrate, whereas the summon cases are triable only by a Magistrate.

Please note that the Court of Session doesn’t take direct cognizance of the cases, but the cases are committed to the Court of Session under section 209 of the Criminal Procedure Code by the Magistrate if it is exclusively triable by Session court.KEEP READING

Judicial Review Explained

The doctrine of judicial review originated in the USA. It was first propounded in the case of Marbury vs Madison in 1803.

The Indian Constitution confers the power of judicial review on the Supreme Court as well as High Courts. Judicial review has been declared as one of the basic structure of the Constitution by the Supreme Court.KEEP READING

Strict and Absolute Liability Explained

Rylands and Fletcher lived in a neighbourhood.
Rylands had mines in his land, while Fletcher had a mill on his land.
Fletcher required a huge amount of energy to run the mill, so he decided to construct a reservoir.
To construct the reservoir, independent contractors and engineers were appointed by Fletcher.
No attention was paid to mine shafts while constructing the reservoir.KEEP READING

Trial of Summons Cases Explained

The trial of summons case has been dealt with under Chapter 20 of the Criminal Procedure Code from section 251 to 259. According to section 2(w) of CrPC, summons cases are those cases that are not warrant cases. Summons cases are punishable with a fine or imprisonment of less than two years. Summons cases are triable only by Magistrate.

Under summons cases, it is not necessary to frame the charge in writing, stating the substance of the offence to the accused is enough. The particulars of the offence of which the person is accused are stated to him.KEEP READING

What is Proclamation and Attachment under CrPC

Where the summons for the attendance of the accused person is to be issued, but the court believes the accused may abscond or when the accused fails to appear before the court without any reasonable cause, a warrant of arrest is issued.

Now, the warrant of arrest has been issued, and there is reason to believe that the accused has absconded or is hiding himself to avoid execution of the warrant.KEEP READING

Pleading under CPC - Easy Definition, Object, Importance, and Basic Rule

Pleading is the foundation of litigation. Pleading has been dealt with in Order 6 of the Civil Procedure Code. Order 6 Rule 1 of CPC defines pleadings as plaint or written statement.

The word ‘plaint’ is undefined in the code. However, it can be said to be the statement of claim – a document that contains the material fact by the presentation of which a suit is instituted in the court of law.KEEP READING

Summons under the Criminal Procedure Code

In general, summons means “to appear and answer before the court.”

The presence of the accused during the trial plays a vital role in concluding a fair trial. The attendance of the accused can be procured either by issuing of summons or by arresting and detaining him or by issuing of proclamation or by attachment of property or bonds and sureties.KEEP READING

Sources of Muslim Law

Muslim law is believed to have been derived from the divine. Muslim law in India is considered as that portion of the Islamic law that is applicable as personal law to Muslims. Muslim law applies to Muslims, but not in all matters.

The sources of Muslim law are classified into two major heads:
A. Primary sources
B. Secondary sourcesKEEP READING

Bail Under Criminal Procedure Code

According to ‘Black’s Law Dictionary’ the object of bail is to procure the release of a person from legal custody by undertaking that he shall appear at the time and place designated and submit himself to the jurisdiction and judgement of the court.

In ‘Moti Ram vs State of MP’, the court held that there is no definition of bail in the code, although the terms bailable offence and non-bailable offence have been defined.KEEP READING