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CHAPTER VI, SECTION 61 TO 69OF CRIMINAL PROCEDURE CODE (CRPC)-PROCESSES TO COMPEL APPEARANCE . A summons is a legal document that is issued by a court in a civil lawsuit, or by a government agency in an administrative action. The document notifies the defendant he is being sued, or that there is an administrative action … Continue reading “CHAPTER VI, SECTION 61 TO 69 OF CRPC – PROCESSES TO COMPEL APPEARANCE”
CHAPTER V, SECTION 41 TO 60A OF CRIMINAL PROCEDURE CODE (CRPC) – ARREST OF PERSONS A police officer may arrest a person who is committing or attempting to commit a crime in the officer’s presence. An officer may also arrest a person provided that the officer reasonably believes a crime to have been committed and the person arrested to be the guilty party. 41. When police may … Continue reading “CHAPTER V, SECTION 41 TO 60A OF CRPC – ARREST OF PERSONS”
CHAPTER IV, SECTION 36 TO 40 OF CRIMINAL PROCEDURE CODE 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 which they are appointed, as may be exercised by such officer within the limits of … Continue reading “CHAPTER IV, SECTION 36 TO 40 OF CRPC – POWER OF SUPERIOR OFFICERS OF POLICE”
CHAPTER III, SECTION 26 TO 35 OF CRPC – POWER OF COURTS The Power of the CourtAdministration of justice is the most important function of the state. For this purpose our constitution has set up a various classes of courts. The Supreme Court, the apex body, followed by 21 High Courts which have been created by the constitution … Continue reading “CHAPTER III, SECTION 26 TO 35 OF CRPC – POWER OF COURTS”
Introduction The basic purpose of filing a FIR is to set criminal law into motion and not to state all the minute details therein, A First Information Report is the initial step in a criminal case recorded by the police and contains the basic knowledge of the crime committed, place of commission, time of commission, who was … Continue reading “FIR: First Information Report and Police Complaint – How It Works”
CHAPTER II, SECTION 6 TO 25A OF CRPC – CONSTITUTION OF CRIMINAL COURTS AND OFFICES 6.Classes 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, namely:- (i) Courts of Session; (ii) Judicial Magistrates of the first class … Continue reading “CHAPTER II, SECTION 6 TO 25A OF CRPC – CONSTITUTION OF CRIMINAL COURTS AND OFFICES”
Why do we need Criminal Procedure Law? Anyone who has a rudimentary knowledge of criminal law will know that it deals with what amounts to an offence and what are the penalties associated with such offences. However, the nature of most criminal punishment is such that it confines the individual liberty of a person. Imprisonment, … Continue reading “Fundamentals Of Criminal Procedure Code”
THE CODE OF CRIMINAL PROCEDURE, 1973 ACT NO. 2 OF 1974 [ 25th January, 1974.] 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:- CHAPTER I PRELIMINARY 1. Short title extent … Continue reading “Chapter 1-Code of Criminal Procedure, 1973”
Introduction The word “adultery” derives its origin from the French word “avoutre”, which has evolved from the Latin verb “adulterium” which means “to corrupt. The dictionary meaning of adultery is that a married man commits adultery if he has sex with a woman with whom he has not entered into wedlock. Under Indian law, Section 497 … Continue reading “Adultery [S. 497 IPC and S. 198(2) CrPC]”
359. Kidnapping.— Kidnapping is of two kinds: kidnapping from 1[India], and kidnapping from lawful guardianship.