Bare Act Search Results

Code of Criminal Procedure, 1973 Section 378

Title: Appeal in Case of Acquittal

State: Central

Year: 1973

.....of acquittal. (6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2). ______________________ 1. Inserted by Act 45 of 1978, section 30 (w.e.f. 18-12-1978). 2. Substituted vide The Code of Criminal Procedure (Amendment) Act, 2005. Earlier the text was as under: "the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court 1 [or an order of acquittal passed by the Court of Session in revision]" 3. Substituted vide The Code of Criminal Procedure (Amendment) Act, 2005. Earlier the text was as under: "the Central Government may also direct the Public Prosecutor to present an appeal, subject to the provisions of sub-section (3), to the High Court from the order of acquittal"

Code of Criminal Procedure, 1973 Section 298

Title: Previous Conviction of Acquittal How Proved

State: Central

Year: 1973

In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal may be proved, in addition to any other mode provided by any, law for the time being in force, (a) by an extract certified under the hand of the officer having the custody of the records of the Court in which such conviction or acquittal was held, to be a copy of the sentence or order, or (b) in case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was undergone, or by production of the warrant of commitment under which the punishment was suffered. together with, in each of such cases evidence as to the identity of the accused person with the person so convicted or acquitted.

Companies Act, 1956 Section 624B

Title: Appeal Against Acquittal

State: Central

Year: 1956

1[624B. Appeal against acquittal Notwithstanding anything contained in the Code of Criminal Procedure, 1898 ( 5 of 1898 )2the Central Government may, in any case arising out of this Act, direct any company prosecutor or authorise any other person either by name or by virtue of hi s office, to present an appeal from an order of acquittal passed by any court other than a High Court and an appeal presented by such prosecutor or other person shall be deemed to have been validly presented to the appellate court.] _________________________ 1. Inserted by Act 65 of 1960, Section 203 ( w.e.f. 28-12-1960). 2. See now the Code of Criminal Procedure, 1973 (2 of 1974).

Code of Criminal Procedure, 1973 Section 232

Title: Acquittal

State: Central

Year: 1973

If after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the judge shall record an order of acquittal.

Code of Criminal Procedure, 1973 Section 248

Title: Acquittal or Conviction

State: Central

Year: 1973

(1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal. (2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, hut does not proceed in accordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law. (3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub-section (7) of section 211 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon: Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under sub-section (2).

Code of Criminal Procedure, 1973 Section 255

Title: Acquittal or Conviction

State: Central

Year: 1973

(1) If the Magistrate, upon taking the evidence referred to in section 254 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilt, he shall record an order of acquittal. (2) Where the Magistrate does not proceed in accordance with the provisions of section 325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to law. (3) A Magistrate may, under section 252 or section 255, convict the accused of any offence triable under this Chapter which form the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby.

Companies Act, 2013, Section 444

Title: Appeal Against Acquittal

State: Central

Year: 2013

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Central Government may, in any case arising under this Act, direct any company prosecutor or authorise any other person either by name or by virtue of his office, to present an appeal from an order of acquittal passed by any court, other than a High Court, and an appeal presented by such prosecutor or other person shall be deemed to have been validly presented to the appellate court.

Code of Criminal Procedure, 1898 Complete Act

State: Central

Year: 1898

.....(2) of Section 5, for the words 'but subject to any enactment', substitute the words 'but, save as otherwise provided by this Code, subject to any enactment'. [W.B. Act 8 of 1970, Section 3 and Sch., item 2]. (1) All offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained. Trial of offences against other laws (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. PART 2 CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES: CHAPTER 2: OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES: SECTION 6: Glasses of Criminal Courts: 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,- : State Amendments GUJARAT.-In its application to the State of Gujarat the amendment made in Section 6 is the.....

The Code of Criminal Procedure, 1973 Complete Act

State: Rajasthan

Year: 1973

.....issued by the State Government on or after the 2nd day of December, 1974 and before the commencement of the Code of Criminal Procedure (Amendment) Act, 1978 (Central Act 45 of 1978) purporting to establish any special Court of the Judicial Magistrate of the first class having jurisdiction over more than one district shall be deemed to have been issued under section 11 of the said code as amended by this Act and accordingly such notification issued and any act or proceeding done or taken or purporting to have been done or taken by virtue of it shall be deemed to be and always to have been valid" [Vide Kerala Act 21 of 1987 Punjab: In sub-section (1) of section 11, insert the following new sub-section:" "(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of the first class in respect to particular cases or to particular classes of cases, or in regard to cases generally, in any local area "[Vide Punjab Act 9 of 1978, sec 2 (wef 14-4-1978) Rajasthan: In sub-section (1) of section 11, the following new sub-section shall be inserted, namely:" "(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of.....

The Code of Criminal Procedure, 1973 Complete Act

State: Himachal

Year: 1973

.....believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation.-In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register. 54. Examination of arrested person by medical practitioner at the request of the arrested person. 54. Examination of arrested person by medical practitioner at the request of the.....