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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
..... RULE 02: DEFINITIONS -In these Rules unless there is anything repugnant to the subject context: - (a) 'Act' means the Contempt of Courts Act, 1971 (Act 70 of 1971) ; (b) 'Code' means the Code of Criminal Procedure; (c) 'Form' means the form set out in the appendix to these rules ; (d) 'Member' means a Member, whether 'Judicial' or Administrative' and includes Vice Chairman and Chairman; (e) 'Registrar' means Registrar of the Central Adminsitrative Tribunal or its Benches where the contempt proceedings are taken and shall include Joint Registrar and Deputy Registrar, and the Section Officer authorised to discharge the functions of the Registrar; (f) 'Section' means a section of the Act; (g) 'Tribunal ' means the Central Administrative Tribunal constituted under the Administrative Tribunals Act, 1985 or the Bench thereof, where the proceedings are taken congnizance of; (h) Words and expressions not defined in these rules shall have the same meaning as defined in the Act. RULE 03: FORM OF MOTION -Every motion for initiating action for contempt of the Tribunal shall be in the form of a petition described as 'Contempt Petition (Civil)' in respect of Civil.....
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
.....the Thirty-fifth Year of the Republic of India as follows: CHAPTER 01: PRELIMINARY SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Administrative Tribunals Act, 1985. (2) It extends- (a) in so far as it relates to the Central Administrative Tribunal, to the whole of India : (b) in so far as it relates to the Administrative Tribunals for States, to the whole of India, except the State of Jammu and Kashmir. (3) The provisions of this Act, in so far as they relate to the Central Administrative Tribunal, shall come into force on such date1as the Central Government may, by notification, appoint. (4) The provisions of the Act, in so far as they relate to Administrative Tribunal, for a State shall come into force in a State on such date2as the Central Government may, by notification appoint. SECTION 02: ACT NOT TO APPLY TO CERTAIN PERSONS The provisions of this Act shall not apply to- (a) any member of the naval, military or air force or of any other armed forces of the Union ; (b)3[* * *] (c) any officer or servant of the Supreme Court or any High Court4[or Courts subordinate thereto], (d) any person appointed to the secretarial.....
List Judgments citing this sectionThe 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.....
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
.....of the appeal or application for revision. Section 345 - Procedure in certain cases of contempt (1) When any such offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) is committed in the view or presence of any civil, Criminal or Revenue Court, the Court may cause the offender to be detained in custody and may at any time before the rising of the Court on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding two hundred rupees, and, in default of payment of fine, to 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.....
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
.....(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.....
List Judgments citing this sectionCode of Criminal Procedure, 1973 Complete Act
State: Central
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 necessary 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 sections 53-A and 54," (a) "examination" shall include the examination of blood, blood-stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case; (b) "registered medical practitioner" means a medical practitioner who possess.....
List Judgments citing this sectionThe Code of Criminal Procedure, 1973 Complete Act
State: Assam
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. When a person who is arrested, whether on a charge or otherwise alleges, at.....
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