Short Title and Commencement: (1) This Act may be called the Code of Criminal. Procedure, ; and it shall come into force on the first day. Preface Among the procedural law the Code of Criminal Procedure is very important. The Code was come into force in first July, The Code was enacted. Our legal system’s law of crime is mainly contained in the Code of Criminal Procedure, which provides the machinery for the detection of crime.
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All types of Magistrate can As to the triable types of Only the specific types of try regular trial. Provided further that crp any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding that he had not exercised the powers of a Judicial Magistrate of the first class for the ten years. Execution of order passed under section Macaulay as Chairman and four members.
Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in [India], namely,-: Procedure where no claimant appears within six months. For applicability of the section to searches conducted under Sales tax Laws see Notes in Sections The party against whom a conditional order is made cpc Section must choose one of the two courses; he should either show cause against the order or ask for the appointment of a Jury.
Procedure in regard to such evidence when completed.
Complainants and witnesses not to be subjected to restraint. Statement before a polic officer is not admissible. Schedule-4 states about the extra-ordinary jurisdictions of the Magistrates and schedule-5 gives various forms of summon, warrant, proclamation of arrest, bail bond etc. Violation of fundamental rights.
Magistrate is not invested with power to recover damages from a lessee under receiver appointed by him for alleged waste by the lessee. Mere contravention of Section 1 does not justify vacating order. Arrest of accused in appeal from acquittal. To arrest without warrant a fairly known individual long after the taking place of the incident calls for explanation.
Powers of Appellate Court in disposing of appeal. Case of person sentenced to death.
Power to suspend or remit sentences. Confession recorded after court hours-It is ccrpc highly undesirable practice to record confessional statements after court hours. There are certain principle in regard to the use of inherent power of the High Court Division under the Code.
State-The whole purpose of unamended section C was to whip up the prosecution and activise the trial Court so as not to delay the trial of a case unnecessarily.
Law and Justice Commission of Pakistan
An order of discharge is not As regard to judgment An order of acquittal is judgment judgment. In case of crpf, sometime the Judges can 198 in equal opinion as regard to the decision of the appeal. The responsibility in the case of summary trial is very great.
If the applicant, by neglect or otherwise, prevents the appointment of the jury, or if from any cause the jury appointed do not return their verdict within the time fixed or within such further time as the Magistrate may in his discretion allow, the Magistrate may pass such order as he thinks fit, such order shall be executed in the manner provided by Crp The Magistrate before taking any evidence but considering the provision of section A CrPC shall frame charge.
Examination of Sections 54 & of the Code of Criminal Procedure – PKLJC 49
Party in possession to retain possession until legally evicted. Signature of receipt for summons. Code is quite justified. A crpf about commission of offence must be based on evidence. The power of directing the arrest under Section 54 9 is drastic; hence it has to be exercised on substantial reasons.
Arrest by private persons and procedure on such arrest. Conviction on confession alone.
After hearing the arguments and points of law the Judge shall give his judgment. Since it is a penal statute in nature, it must be construed strictly as opposed to liberal interpretation. Provided also that, if the Magistrate considers the case of one of emergency, he may at any time attach the subject of dispute, pending his decision under this section.
Commission in case of witness being within [a] Metropolitan Area. The provisions of section 47Section 48 and Section 49 shall apply to arrests under Section 66although the person making any such arrest is not acting under a warrant and is not a police-officer having authority to arrest. Judgment of acquittal or conviction. Security for good behaviour from persons disseminating seditious matter.
Basic Concept of CrPC, , Partpdf | Rafsan jaman –
Changes in constitution of Benches. Long lapse of time 2. Arrest by or in presence of Magistrate. Same as 1 of Maharashtra. The provision of the Code does not give any new power to the Court, it only saves the inherent power which the court possessed before the enactment of the Code.
Officers concerned in sales not to purchase or bid for property. Click here to sign up. Provided that if the Court so mentioned is a Court specified in column 1 of the Table below, such offence shall be tried by the Court of the Judicial Magistrate specified against it in column 2 thereof; TABLE Name of the court specified in the law Court by which triable 1 2 1.
State of Bihar, 3 SCC Where first information report regarding an occurrence was based upon the particulars furnished by another person, direct evidence furnished by the eye-witnesses particularly when their names find mention in the first information report will be given credence.