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
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
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.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
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
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
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
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
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
No statutory regulations have been provided in the Criminal Procedure Code to determine the nature of an offence as a cognizable or non-cognizable one. However, the code under Schedule I categorises certain offences as cognizable and non-cognizable ones.
Cognizable crimes are heinous in nature which embraces offences like rape, murder, theft, waging war etc. In cognizable cases, the information is given to the nearest police station, which registers the FIR and starts the investigation.KEEP READING
Offences listed under section 260(1)(i) to 260(1)(ix) can be tried summarily;
(i) offences not punishable with death, life imprisonment, or sentence of more than two years
(ii) theft (value of stolen goods not more than two thousand rupees)
(iii) receiving and retaining stolen property (the value of stolen goods not more than two thousand rupees)…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
The trial of summons case has been dealt with under Chapter 20 of the Criminal Procedure Code from section 251 to 259. According to section 2(w) of CrPC, summons cases are those cases that are not warrant cases. Summons cases are punishable with a fine or imprisonment of less than two years. Summons cases are triable only by Magistrate.
Under summons cases, it is not necessary to frame the charge in writing, stating the substance of the offence to the accused is enough. The particulars of the offence of which the person is accused are stated to him.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
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
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
