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
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)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
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
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.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
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
