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
In general, a warrant is an order that serves as a specific type of authorisation issued by a Court or Magistrate directed to the police or any other authority to enable them to arrest, search a premise etc. As discussed earlier, the attendance of the accused can be procured by:
1. summon
2. arrest or detention
3. proclamation and attachmentKEEP READING
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
Section 144 of the Criminal Procedure Code is a technical tool to maintain security and peace in the society.
Section 144 of CrPC is imposed in urgent cases of apprehended danger of nuisance or disturbance in peace.
It is frequently in the news. Let us look at some leading questions and confusion related to section 144 of CrPC.KEEP READING
Here is a beautiful, thoughtful PDF of Criminal Procedure Code made by me.
This PDF has section index to save your time in a long PDF. The PDF is colourful and suitable for mobile.KEEP READING
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
Maintenance means to give necessary supplies to a person for survival. It includes shelter, food, and clothing, and every aspect of human life, which is essential for survival and existence.
Section 125 of the Criminal Procedure Code, 1908, provides maintenance for the wife, children, and parents.
Section 125 of CrPC is secular in nature.KEEP READING
WHO IS AN INDIGENT PERSON?
Poor, Penniless, Pauper.
Order XXXIII of Civil Procedure Code provides remedy to those who need to institute a suit for enforcement of their rights but are so poor that they cannot afford expenses on court fee etc.
The object behind this order is that poverty should not come in way of getting justice.KEEP READING
1. For administering criminal law in India.
2. Machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person, and the determination of punishment of the guilty.
3. Public nuisance.
4. Prevention of offenses.
5. Maintenance of wife and children.KEEP READING
Law Question: Can the police officer investigate his own case where he himself is the informant of the case?
Answer: Yes, a police officer can be an informant in a case.
A police officer may always take information suo-motu of any case, be it a cognizable case or non-cognizable case.KEEP READING
Arrest in the legal sense under CrPC means taking into custody of another person under the authority of law for the purpose of holding and detaining him to answer a criminal charge and preventing the commission of an offence.
Section 46 of CrPC prescribes the mode of arrest.KEEP READING
FIR is not defined in CrPC.
It may be defined under the following points-
1. It is a piece of information that is given to the police officer.
2. The information must relate to a cognizable offence.KEEP READING
Inherent Powers are those powers which are not mentioned anywhere in the code.
Inherent power or 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.KEEP READING
This trial is divided into two parts.
1. Trial of warrant cases by magistrate where case instituted on a police report: Sections 238 to 243, 248, 249, 250.
2. Trial of warrant cases instituted otherwise than on a police report: Sections 244-250KEEP READING
The complainant fills a protest petition, and on that basis, the court takes the cognizance of the offence.
So what procedure court will follow, whether it is a case instituted on the police report or on the complaint, since a protest petition is treated as a complaint by the magistrate?KEEP READING
Difference Between Complaint and FIR
Difference Between Trial and Inquiry
Difference Between Investigation and InquiryKEEP READING
