Bare Act Search Results

Code of Criminal Procedure, 1973 Section 41

Title: When Police May Arrest Without Warrant

State: Central

Year: 1973

.....with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing. (ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence] (c) who has been proclaimed as an offender either under this Code or by order of the State Government; or (d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or (e) who obstructs a police officer while in the execution of his duty, or.....

Christian Marriage Act, 1872 Complete Act

State: Central

Year: 1872

.....Marriages' means 'the Registrar-General of Births, Deaths and Marriages appointed under the Mysore Registrar-General of Births, Deaths and Marriages Act, 1956', "-Mysore Act 20 of 1956, S. 1- [29-10-1956] r/w Act 31 of 1973, S. 5 [1-11-1973]. PART 1: THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED: SECTION 4: Marriages to be solemnized according to Act: Every marriage between persons, one or Marriages both of whom is [or are] a Christian or .Christians, shall be solemnized in accordance with the provisions of the next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be void. SECTION 5: Persons by whom marriages may be solemnized: Marriages may be solemnized in [India]- (1) by any person who has received episcopal ordination; provided that the marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a Minister; (2) by any Clergyman of the Church of Scotland, provided that such marriage besolemnized according to the rules, rites, ceremonies and customs of the Church of Scotland; (3) by any Minister of Religion licensed under this Act to solemnize marriages; .....

Code of Criminal Procedure, 1973 Chapter 5

Title: Arrest of Persons

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 reasonable 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. 1 Explanation.- In this section and in sections 53A 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 practioner thinks necessary in a particular case; (b) "registered medical practitioner" means a medical practitioner who.....

Code of Criminal Procedure (Amendment) Act 2008 Section 5

Title: Amendment of Section 41

State: Central

Year: 2008

.....with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing. (ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence;"; (ii) for sub-section (2), the following sub-section shall be substituted, namely:-- "(2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a.....

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 (Amendment) Act, 2008 Complete Act

State: Central

Year: 2008

THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2008 THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2008 [ACT No. 5 OF 2009] Received the assent of the President on 7th January, 2009, Act Published in Gaz. Of India 9- 1-2009, Pt.II.S.1 Ext.P.1 (No.6). [7th January, 2009.] An Act further to amend the Code of Criminal Procedure, 1973. BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:" 1. Short title and commencement. " (1) This Act may be called the Code of Criminal Procedure (Amendment) Act, 2008. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act. 2. Amendment of section 2. " In section 2 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act), after clause (w), the following clause shall be inserted, namely:"˜(wa) "victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or.....

Christian Marriage Act1872 Part V

Title: Marriages Solemnized By, or in the Presence Of, a Marriage Registrar

State: Central

Year: 1872

.....of such notice having been given and of such oath having been made : Proviso.- Provided that no lawful impediment be shown to his satisfaction why such certificate should not issue ; that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any person authorized in that behalf by this Act ; that four days after the receipt of the notice have expired ; and further, that where, by such oath, it appears that one of the parties intending marriage is a minor, fourteen days after the entry of such notice have expired. Section 42 - Oath before issue of certificate The certificate mentioned in section 41 shall not be issued by any Marriage Registrar, until one of the parties intending marriage appears personally before such Marriage Registrar, and makes oath {As to the meaning of " oath ", see the General Clauses Act, 1897 (10 of 1897), section.3(37) and section.4.}--- (a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful hindrance, to the said marriage, and (b) that both the parties have, or (where they have dwelt in the districts of different Marriage Registrars) that the.....

Indian Evidence Act 1872 Part 3

Title: Production and Effect of Evidence

State: Central

Year: 1872

.....the burden of proving that fact is upon him. Illustrations (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him. (b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him Section 107 - Burden of proving death of person known to have been alive within thirty years When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it. Section 108 - Burden of proving that person is alive who has not been heard of for seven years 1 [Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2 [shifted to] the person who affirms it. _______________________ 1. Substituted by Act 18 of 1872, section 9, for "when". 2. Substituted by Act 18 of 1972, section 9, for "on". Section 109 - Burden of.....

Indian Evidence Act 1872 Chapter 10

Title: Of the Examination of Witnesses

State: Central

Year: 1872

.....by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness. Section 140 - Witnesses to character Witnesses to character may be cross-examined and re-examined. Section 141 - Leading questions Any question suggesting the answer which the person pulling it wishes or expects to receive, is called a leading question. Section 142 - When they must not be asked Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court. The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved. Section 143 - When they may be asked Leading questions may be asked in cross-examination. Section 144 - Evidence as to matters in writing Any witness may be asked, whilst under examination whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which in the.....

Indian Evidence Act 1872 Section 148

Title: Court to Decide when Question Shall Be Asked and when Witness Compelled to Answer

State: Central

Year: 1872

.....seriously affect the opinion of the Courts as to the credibility of the witness on the matter to which testifies; (2) Such questions are improper if the imputation which they convey relates to matters so remote in time, or of such a character, that the truth of the impu­tation would not affect, or would effect in a slight degree, the opinion of the Court as to the credibility of the witness on the matter to which he testifies; (3) Such questions are improper if there is a great disproportion between the importance of the imputation made against the witness's character and the importance of his evidence; (4) The Court may, if it sees fit, draw, from the witness's refusal to answer, the inference that the answer if given would be unfavourable.