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Start Free TrialCode of Criminal Procedure, 1973 Section 348
Title: Discharge of Offender on Submission of Apology
State: Central
Year: 1973
When any Court has under section 345 adjudged an offender to punishment, or has under section 346 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any international insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court or on apology being made to its satisfaction.
View Complete Act List Judgments citing this sectionContempt of Courts Act, 1971 Complete Act
State: Central
Year: 1971
.....for such appeal or revision has expired. (b) which has been heard and finally decided shall not be deemed to be pending merely by reason of the fact that proceedings for the execution of the decree, order or sentence passed therein are pending. SECTION 04: FAIR AND ACCURATE REPORT OF JUDICIAL PROCEEDING NOT CONTEMPT Subject to the provisions contained in section 7, a person shall not be guilty of contempt of court for publishing a fair and accurate report of a judicial proceeding or any stage thereof. SECTION 05: FAIR CRITICISM OF JUDICIAL ACT NOT CONTEMPT A person shall not be guilty of contempt of court for publishing any fair comment on the merits of any case which has been heard and finally decided. SECTION 06: COMPLAINT AGAINST PRESIDING OFFICERS OF SUBORDINATE COURTS WHEN NOT CONTEMPT A person shall not be guilty of contempt of court in respect of any statement made by him in good faith concerning the presiding officer of any subordinate court to- (a) any other subordinate court, or (b) the High Court, to which it is subordinate. Explanation: In this section, "subordinate court" means any court subordinate to a High Court. SECTION 07: PUBLICATION OF.....
List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Chapter XII
Title: Contempt of Court
State: Central
Year: 1882
.....not exceeding seven days, unless in the mean-time such person consents to answer such questions or to produce such document, as the case may be, after which, in the event of his persisting in his refusal, he may be dealt with according to the provisions of section {Substituted by Act 10 of 1914, section 2 and Schedule I, for "83 or section 85"} [480 or section 482 of the Code of Criminal Procedure, 1898 (5 of 1898)]. Section 88 - Appeal from orders under section 87 Any person deeming himself aggrieved by an order under {The words and figures "s.83 or" were rep.by s.3 and Sch.II, ibid.} section 87 may appeal to the High Court, and the provisions of the {Substituted by section 2 and Schedule I, ibid., for "Presidency Magistrates' Act, 1877"} [Code of Criminal Procedure, 1898 (5 of 1898)], relating to appeals shall, so far as may be, apply to appeals under this section.
View Complete Act List Judgments citing this sectionAdministrative Tribunals Act, 1985 Complete Act
State: Central
Year: 1985
.....by name and designation.; (b) provision of the Act invoked and the nature of the contempt, "Civil or "Criminal": (c) the grounds and material facts constituting the alleged contempt including the date of alleged contempt, divided into paragraphs, numbered consecutively, along with supporting documents or certified/Photostat (at- tested) copies of the originals thereof ; (d] the nature of the order sought from the Tribunal : (e) if a petition has previously been made by him on the same facts, the details, particulars and the result thereof ; (f) the petition shall be supported by an affidavit verifying the facts relied upon except when the motion is by the Attorney-General or the Solicitor-General or the Additional Solicitor-General : (g) every petition shall be signed by the petitioner and his Advocate. if any, and shall show the place and date : (h) draft charges shall be enclosed in a separate sheet ; (i) in the case of "civil contempt" certified copy of the judgment, decree. order, writ or undertaking alleged to have been disobeyed shall be filed along with the petition : (j) where the petitioner relies upon any other document(s) in his pos- session, or power, he.....
List Judgments citing this sectionThe Code of Criminal Procedure, 1973 Complete Act
State: Himachal
Year: 1973
.....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 arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will.....
List Judgments citing this sectionCode of Criminal Procedure, 1973 Chapter 26
Title: Provisions as to Offences Affecting the Administration of Justice
State: Central
Year: 1973
.....simple imprisonment for a term which may extend to one month, unless such fine be sooner paid. (2) In every such case the Court shall record the facts constituting the offence, with the statement (if any) made by the offender as well as the finding and sentence. (3) If the offence is under section 228 of the Indian Penal Code (45 of 1860), the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult. Section 346 - Procedure where Court considers that case should not be dealt with under section 345 (1) If the Court in any case considers that a person accused of any of the offences referred to in section 345 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 345 such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a magistrate having jurisdiction.....
View Complete Act List Judgments citing this sectionContempt of Courts Act, 1971 Section 12
Title: Punishment for Contempt of Court
State: Central
Year: 1971
.....rupees, or with both: Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court. Explanation.--An apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide. (2) Notwithstanding a]nything contained in any law for the time being in force, no court shall impose a sentence in excess of that specified in sub-section (1) for any Contempt either in respect of itself or of a court subordinate to it. (3) Notwithstanding anything contained in this section, where a person is found guilty of a civil contempt, the court , if it considers that a fine will not meet the ends of justice and that a sentence of imprisonment is necessary shall, instead of sentencing him to simple imprisonment, direct that he be detained in a civil prison for such period not exceeding six months as it may think fit. (4) Where the person found guilty of contempt of court in respect of any undertaking given to a court is a company, every person who, at the time the contempt was committed, was in charge of, and was responsible to, the company for the conduct of.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1898 Complete Act
State: Central
Year: 1898
.....as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years." Act 19 of 1969, Section 3 and Schedule, Item 14 (in Delhi on 2-10-1969). WEST BENGAL In its application to the State of West Bengal, for Section 30, substitute the following, namely: "30. Offences punishment with imprisonment not exceeding seven years.-Notwithstanding any thing contained in Section 28 or Section 29, the State Government may, in consultation with the High Court, invest any Judicial Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years : Provided that no Judicial Magistrate of the first class has, prior to his appointment as such powers unless he has, for not less than ten years, exercised powers not inferior to those of a Judicial Magistrate of the first class : Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate,.....
List Judgments citing this sectionCode of Criminal Procedure, 1973 Complete Act
State: Central
Year: 1973
.....officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station. (3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as may be prescribed in this behalf by the State Government. (4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.] * Inserted by the Code of Criminal Procedure (Amendment) Act, 2005, S. 7. SECTION 51: SEARCH OF ARRESTED PERSON .- (1) Whenever a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the.....
List Judgments citing this sectionThe Code of Criminal Procedure, 1973 Complete Act
State: Assam
Year: 1973
.....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. When a person who is arrested, whether on a charge or otherwise alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other.....
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