Statement and Confession under Section 164 CrPC

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Section 164 of the Criminal Procedure Code deals with the magistrate’s power to record a confession and other statements. The confession so recorded can be used as substantive evidence. In this law note, let us study the statements and confessions under section 164 CrPC.

A confession is a statement in which the suspect acknowledges his guilt of a crime.

A statement is the declaration of matter of fact.Read More →

What are the Legal Protections Available to an Accused

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Along with the rights granted to the accused, some legal protection is available as well. Protection to the accused is provided with a view of human dignity that is given to every citizen. This short law note states the legal protection that is available to an accused under a criminal trial. And, these can be stated as:

1. Doctrine of double jeopardy.
2. Presumption of innocence.
3. Doctrine of self-incrimination.Read More →

List of Important Sections of CrPC

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Section 2 – Definitions.
Section 6 – Classes of Criminal Courts.
Section 9 – Court of Session.
Section 10 – Subordination of Assistant Sessions Judges.
Section 11 – Courts of Judicial Magistrates.
Section 12 – Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.Read More →

Inherent Powers of the High Courts

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Inherent Powers are those powers that are not mentioned anywhere in the code. Inherent power or the inherent jurisdiction of the High Court may be exercised in a proper case either to prevent the abuse of the process of any court or to secure the ends of justice. These powers of the High Court should be used only in exceptional cases.

In the following cases, the inherent power of the High Court could be exercised to quash the proceedings-Read More →

Classes of Criminal Courts in India

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Criminal courts can be categorised or classified (in the hierarchy) as given below:

1. Supreme Court.
2. High Court.
3. Courts of Sessions.
4. Judicial Magistrates of the First Class (called Metropolitan Magistrates in the metropolitan area).
5. Judicial Magistrates of Second Class.
6. Executive Magistrates.

Let us learn more about the six above-mentioned criminal courts.Read More →

What is Inter-State Arrest and its Guidelines

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The guidelines are as follows:
1. The police officer must take the prior written permission of the superior officer to go out of the state or union territory to carry out the investigation. He can take permission on the phone only in case of urgencies.

2. In cases where the police officer decides to arrest an accused in another state, he must write facts and reasons so as to satisfy why the arrest is necessary. The police officer must attempt to get an arrest or search warrant from the magistrate having jurisdiction.Read More →

Maintenance under CrPC

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According to section 125 of CrPC, a person having sufficient means is bound to maintain:-
I. His Wife (unable to maintain herself).
II. His legitimate or illegitimate minor child, whether married or not (unable to maintain himself/herself).
III. His legitimate or illegitimate child (not a married daughter) who has attained majority, if the child is physically or mentally abnormal or having any injury by which he/she is unable to maintain himself/herself.
IV. His father or mother (unable to maintain himself/herself)Read More →

Section 154 CrPC Information in Cognizable Cases

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No statutory regulations have been provided in the Criminal Procedure Code to determine the nature of an offence as a cognizable or non-cognizable one. However, the code under Schedule I categorises certain offences as cognizable and non-cognizable ones.

Cognizable crimes are heinous in nature which embraces offences like rape, murder, theft, waging war etc. In cognizable cases, the information is given to the nearest police station, which registers the FIR and starts the investigation.Read More →

Trial of Summons Cases Explained

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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.Read More →

Difference Between Trial and Inquiry, CrPC

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1. A trial is always for an offence. An inquiry does not necessarily relate to only offences.

2. A trial ends in acquittal or conviction of an accused. An inquiry into a offence never ends in a conviction or acquittal.

3. Trial is the examination and determination of cause by a judicial tribunal. Inquiry includes every inquiry other than a trial conducted by magistrate or court.Read More →

Mutual Satisfactory Disposition

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According to section 265C of CrPC, in working out a mutually satisfactory disposition, the court shall follow the following procedure.

When a case is instituted on a police report, the court shall issue notice to the public prosecutor, the P.O/I.O (police officer/investigating officer) who has investigated the case, the accused and the victim of the case to participate in the meeting to work our a satisfactory disposition of the case.Read More →

Cases where plea bargaining is allowed

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1. Offence where punishment is not more than 7 years.

2. The offence which are not against the women and children.

3. The offence which does not affect the socio-economic condition of the country.

The central government has determined the offences which are affecting the socio economic condition of country-
Dowry Prohibition Act, 1961Read More →