Statement and Confession under Section 164 CrPC

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.KEEP READING

What are the Legal Protections Available to an Accused

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.KEEP READING

List of Important Sections of CrPC

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

Pre-trial and Post-trial Stage in Criminal Proceedings

The pre-trial, trial and post-trial stages of the Criminal Procedure Code can be classified into three divisions based on the stage of the proceedings they deal with. The pre-trial stage can be referred to as the investigation procedure applicable in criminal cases, covered under the Criminal Procedure Code.
The trial takes place after the completion of the pre-trial procedure. The trial takes place in a court before the magistrate. Whereas the post-trial stage is the stage in which, with the help of evidence and examination of witnesses, the court reaches the conclusiveness of the case.KEEP READING

Inherent Powers of the High Courts

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-KEEP READING

Classes of Criminal Courts in India

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.KEEP READING

What is Inter-State Arrest and its Guidelines

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.KEEP READING

Maintenance under CrPC

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

FIR and Charge Sheet under Criminal Procedure Code

When any informant informs the police about any crime that has occurred, the police, after analysing the case is a cognizable one, registers the FIR and proceeds for investigation, arrests etc. After the investigation is over, the police submit a report to the court called a charge sheet, which forms the basis for the criminal trial.

Now that you understand the definition, let us learn more about FIR and charge sheet under the Criminal Procedure Code, 1973.KEEP READING