“Arrest in the legal sense under CrPC means taking into custody of another person under authority of law for the purpose of holding and detaining him to answer a criminal charge and preventing the commission of an offence.”
The words ‘arrest’ and ‘custody’ are not synonyms.
In every arrest there is custody but vice versa is not true.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
(Chapter 12, Section 154-176)
Information → To Police
Investigation → By Police
Section 154 : FIR : This section has three objects-
1. To inform the magistrate of the district and the DSP who are responsible for the peace and safety of the district of the offences reported at the police station…Keep Reading
1. Complaint is defined under section 2(d) of CrPC.
FIR is given under Section 154 of CrPC.
2. Complaint is an allegation which is made orally or in writing to a magistrate.
FIR is given to an officer in charge of a police station.
3. A complaint may relate to a cognizable offence or non-cognizable offence.
FIR is related to a cognizable offence.
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
“Inherent Powers are those powers which are not mentioned anywhere in the code.”
Inherent power/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 end of the justice.
Inherent powers of the High Court should be exercised in exceptional cases.Keep Reading
This trial is divided into two parts-
a. Trial of warrant cases by magistrate where case instituted on a police report (section 238 to 243, 248, 249, 250)
b. Trial of warrant cases instituted otherwise then on a police report (section 244-250)Keep Reading
Section 195 and 344 are different in there own spheres. No section is inter-related or intervening to that of another.
Section 340 prescribes the procedure as to how a complaint is to be made under section 195.Keep Reading
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.Keep Reading
1. An investigation is made by a police officer or by some person authorised by a magistrate. Inquiry is made by magistrate or court. Investigation is never made by magistrate or court.
2. The object of an investigation is to collect evidence for the prosecution of the case. The object of inquiry is to determine the truth or false of certain facts with a view to take in further action…Keep Reading
The concept of plea bargaining has been taken from USA. It was added in 2006. It is also one of the ways of ADR. (Alternative Dispute Resolution)
Who may apply for plea bargaining?
According to section 265B a person who is as accused of an offence may file an application for plea bargaining in the court in which such offence is pending for trial.Keep Reading
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.Keep Reading
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, 1961Keep Reading
According to section 265B, a person who is as accused of an offence may file an application for plea bargaining in the court in which such offence is pending for trial.
The application will contain a brief description of the case and shall be accompanied by an affidavit. After receiving the application the court shall issue notice to the public prosecutor or the complainant of the case as the case may be and to the accused to appear on date fixed for the case…Keep Reading
Cryptic (mysterious, confusing, mystifying, perplexing, puzzling, obscure) and ambiguous (open to debate/argument, arguable, debatable; obscure, unclear, imprecise, vague, abstruse, doubtful, dubious, uncertain) telephone message which do not clearly specify a cognizable offence cannot be treated as FIR.
But where there is proper information about the commission of a cognizable offence and is reduced in writing by police officer then it can be treated as FIR.Keep Reading
Section 125 to 128 of CrPC make provisions for maintenance of wives, children and parents.
It is a natural and fundamental duty of every person to maintain his wife and children so long as they are not able to maintain themselves.
*Minor includes below 18.
*Wife includes divorced wife…Keep Reading
