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
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
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
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
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
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
1. An investigation is made by a police officer or by some person authorised by a magistrate.
1. An inquiry is made by magistrate or court.
Investigation is never made by magistrate or court.KEEP READING
CHAPTER I, Section 1 to 5 of CRIMINAL PROCEDURE CODE (CRPC) – PRELIMINARY An Act to consolidate and amend the law relating to Criminal Procedure. BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows. 1. Short title, extent and commencement. (1) This ActKEEP READING
CHAPTER II, Section 6 to 25A of CRIMINAL PROCEDURE CODE (CRPC) – CONSTITUTION OF CRIMINAL COURTS AND OFFICES 6. Classes of Criminal Courts. Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts,KEEP READING
CHAPTER III, Section 26 to 35 of CRIMINAL PROCEDURE CODE (CRPC) – POWER OF COURTS 26. Courts by which offences are triable. Subject to the other provisions of this Code, (a) any offence under the Indian Penal Code may be tried by- (i) the High Court, or (ii) the CourtKEEP READING
CHAPTER IV, Section 36 to 40 of CRIMINAL PROCEDURE CODE (CRPC) A) POWERS OF SUPERIOR OFFICERS OF POLICE 36. Powers of superior officers of police. Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to whichKEEP READING
CHAPTER V, Section 41 to 60A of CRIMINAL PROCEDURE CODE (CRPC) – ARREST OF PERSONS 41. When police may arrest without warrant. (1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person- (a) who commits, in the presence of a police officer,KEEP READING
