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Start Free TrialCode of Criminal Procedure, 1973 Chapter 31
Title: Transfer of Criminal Cases
State: Central
Year: 1973
.....to any other Magistrate and may require into or try such cases himself. Section 411 - Making over or withdrawal of cases by Executive Magistrates Any District Magistrate or Sub-divisional Magistrate may (a) make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him; (b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate. Section 412 - Reasons to be recorded A Sessions Judge or Magistrate making an order under section 408, section 409, section 410 or section 411 shall record his reasons for making it.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Chapter 20
Title: Trial of Summons-cases by Magistrates
State: Central
Year: 1973
.....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. Section 256 - Non-appearance or death of complainant (1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. (2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Chapter 19
Title: Trial of Warrant-cases by Magistrates
State: Central
Year: 1973
.....that it shall not be in the interest of justice to discharge the accused." _______________________ 1. Vide West Bengal Act 24 of 1988 section 5. Section 246 - Procedure where accused is not discharged (1) If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. (2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any defence to make. (3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon. (4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under sub-section (3) he shall be required to stale, at the commencement of the next hearing of the case or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith whether he wishes to.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 209
Title: Commitment of Case to Court of Session when Offence is Triable Exclusively by It
State: Central
Year: 1973
.....the case to the Court of Session. STATE AMENDMENTS 2 Gujarat: In section 209 for clause (a), the following clause shall be substituted, namely:- "(a) Commit the case, after complying with the provisions of section 207 or section 208, as the case may be, to the Court of Session and, subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made". 3 Uttar Pradesh: In section 209 for clauses (a) and (b), the following clauses shall be substituted and be deemed always to have been substituted, namely:- "(a) as soon as may be after complying with the provisions of section 207, commit the case to Court of Session; (b) subject to the provisions of the Code relating to bail, remand the accused to the custody until commitment of the case under clause (a) and thereafter during and until the conclusion of the trial." _______________________ 1. Substituted by Act 45 of 1978, Section 19, for clause (a) (w.e.f. 18-12-1978). 2. Vide President's Act 30 of 1976, Section 2 (w.e.f. 7-7-1976). 3. Vide Uttar Pradesh Act 16 of 1976, Section 6.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 407
Title: Power of High Court to Transfer Cases and Appeals
State: Central
Year: 1973
.....sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him. (3) Every application for an order under sub-section (1) shall be made by motion, which shall, except when the applicant is the Advocate-General of the State, be supported by affidavit or affirmation. (4) When such application is made by an accused person, the High Court may direct him to execute a bond, with or without sureties, for the payment of any compensation which the High Court may award under sub-section (7). (5) Every accused person making such application shall give to the Public Prosecutor notice in writing of the application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of the application unless at least-twenty-four hours have elapsed between the giving of such notice and the hearing of the application. (6) Where the application is for the transfer of a case of appeal from any subordinate Court, the High Court may, if it is satisfied that it is necessary so to do in the interests of justice, order that, pending the disposal of the application, the proceedings in the subordinate Court shall.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 155
Title: Information as to Non-cognizable Cases and Investigation of Such Cases
State: Central
Year: 1973
(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer, the informant to the Magistrate. (2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. (3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case. (4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 210
Title: Procedure to Be Followed when there is a Complaint Case and Police Investigation in Respect of the Same Offence
State: Central
Year: 1973
(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation. (2) If a report is made by the investigating police officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. (3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code.
View Complete Act List Judgments citing this sectionCode 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"
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 409
Title: Withdrawal of Cases and Appeals by Sessions Judges
State: Central
Year: 1973
(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him. (2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, as Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge. (3) Where a Sessions Judge withdraws or recalls a case or appeal under sub-section(1) or sub-section (2) he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Code to another Court for trial or hearing, as the case may be.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 328
Title: Procedure in Case of Accused Being Lunatic
State: Central
Year: 1973
.....(1A) is a person with mental retardation, the Magistrate shall further determine whether the mental retardation renders the accused incapable of entering defence, and if the accused is found so incapable, the Magistrate shall order closure of the inquiry and deal with the accused in the manner provided under section 330,] _____________________________ 1. Inserted vide Code of Criminal Procedure (Amendment) Act 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009. 2 Substituted vide Code of Criminal Procedure (Amendment) Act 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009 previous text was:- "(3) If such Magistrate is of opinion that the person referred to in sub-section (1) is of unsound mind and consequently incapable of making his defence, he shall record a finding to that effect and shall postpone further proceedings in the case."
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