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Start Free TrialCode of Criminal Procedure, 1973 Chapter 24
Title: General Provisions as to Inquiries and Trials
State: Central
Year: 1973
.....or damage to, any property belonging to the Central Government, or (iv) was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of hi s official duty, and the prosecutor in charge of the case has not been appointed by the Central Government he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the Court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution. STATE AMENDMENT 1Uttar Pradesh: In section 321 , after the words "in charge of a case may" the words "on the written permission of the State Government to that effect (which shall be filed in Court)" shall be inserted. ______________________ 1. Vide Uttar Pradesh Act 18 of 1991 , Section 3 (w.e.f . 16 -2 -1991 ). Section 322 - Procedure in cases which Magistrate cannot dispose of (1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Chapter 23
Title: Evidence in Inquiries and Trials
State: Central
Year: 1973
.....directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf. (4) This section applies to the following Government scientific experts, namely:- (a) any Chemical Examiner or Assistant Chemical Examiner to Government; (b) the Chief Inspector of Explosives; (c) the Director of the Finger Print Bureau; (d) the Director, Haffkeine Institute, Bombay; (e) the Director 1 [Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State forensic Science Laboratory]; (f) the Serologist to the Government. 2[(g) any other Government scientific Expert specified by notification by the Central Government for this purpose.] ______________________ 1. Inserted by Act 45 of 1978, Section 21 (w.e.f. 18-12-1978). 2. Inserted vide The Code of Criminal Procedure (Amendment) Act, 2005. Section 294 - No formal proof of certain documents (1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be.....
View Complete Act List Judgments citing this sectionPublic Servants (Inquiries) Act, 1850 Complete Act
Title: Public Servants (Inquiries) Act, 1850
State: Central
Year: 1850
.....witnesses Section17 - Examination of witnesses and evidence by prosecutor [Repealed] Section18 - Notes of oral evidence Section19 - Inquiry when closed with defence. Prosecutor when entitled to reply and give evidence. Accused not entitled to adjournment Section20 - Power to require Amendment of charge and to adjourn. Reason for refusing adjournment to be recorded Section21 - Report of commissioners' proceedings Section22 - Power to call for further evidence or explanation. Inquiry into additional article's of charge. Reference of report of special commissioners' final orders Section23 - Definition of Government Section24 - Saving of enactments as to dismissal of certain officers Section25 - Saving of power of removal without inquiry under Act
List Judgments citing this sectionPrevention of Corruption Act, 1988 Chapter V
Title: Sanction for Prosecution and Other Miscellaneous Provisions
State: Central
Year: 1988
.....the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under the Army Act, 1950 (45 of 1950), the Air Force Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), the Border Security Force Act, 1968 (47 of 1968), the Coast Guard Act, 1978 (30 of 1978) and the National Security Guard Act, 1986 (47 of 1986). (2) For the removal of doubts, it is hereby declared that for the purposes of any such law as is referred to in sub-section (1), the court of a special Judge shall be deemed to be a court of ordinary criminal justice. Section 26 - Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act Every special Judge appointed under the Criminal Law Amendment Act, 1952 for any area or areas and is holding office on the commencement of this Act shall be deemed to be a special Judge appointed under section 3 of this Act for that area or areas and, accordingly, on and from such commencement, every such Judge shall continue to deal with all the proceedings pending before him on such commencement in accordance with the provisions of this Act. Section 27 - Appeal and revision Subject to the provisions of this.....
View Complete Act List Judgments citing this sectionPrevention of Corruption Act, 1988 Section 19
Title: Previous Sanction Necessary for Prosecution
State: Central
Year: 1988
.....error, omission or irregularity in, the sanction required under sub-section (1), unless in the opinion of that court, a failure of justice has in fact been occasioned thereby; (b) no court shall stay the proceedings under this Act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice; (c) no court shall stay the proceedings under this Act on any other ground and no court shall exercise the powers of revision in relation to any interlocutory order passed in any inquiry, trial, appeal or other proceedings. (4) In determining under sub-section (3) whether the absence of, or any error, omission or irregularity in, such sanction has occasioned or resulted in a failure of justice the court shall have regard to the fact whether the objection could and should have been raised at any earlier stage in the proceedings. Explanation. For the purposes of this section, (a) error includes competency of the authority to grant sanction; (b) a sanction required for prosecution includes reference to any requirement that the prosecution shall.....
View Complete Act List Judgments citing this sectionPublic Servants (Inquiries) Act, 1850 Section 7
Title: Power of Government to Abandon Prosecution and to Allow Accuser to Continue It
State: Central
Year: 1850
At any subsequent stage of the proceedings, the Government may, if it think fit abandon the prosecution, and in such case may, if it think fit, on the application of the accuser, allow him to continue the prosecution, if he is desirous of so doing, on his furnishing such security as is hereinbefore mentioned.
View Complete Act List Judgments citing this sectionPublic Servants (Inquiries) Act, 1850 Section 4
Title: Conduct of Government Prosecution
State: Central
Year: 1850
When the Government shall think fit to conduct the prosecution, it shall nominate some person to conduct the same on its behalf.
View Complete Act List Judgments citing this sectionPublic Servants (Inquiries) Act, 1850 Section 13
Title: Evidence for Prosecution and Examination of Witnesses, Re-examination by Prosecutor
State: Central
Year: 1850
The oral and documentary evidence for the prosecution shall then be exhibited; the witnesses shall be examined by or on behalf of the prosecutor and may be cross-examined by or on behalf of the person accused. The prosecutor shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without leave of the commissioners, who also may put such questions as they think fit.
View Complete Act List Judgments citing this sectionPUBLIC SERVANTS (INQUIRIES) ACT, 1850 Section 14
Title: Power to admit or call for new evidence for prosecution. Accused's right to adjournment
State: Central
Year: 1850
If it shall appear necessary before the close of the case for the prosecution, the commissioners may in their discretion allow the prosecutor to exhibit evidence not included in the list given to the person accused, or may themselves call for new evidence; and in such case the person accused shall be entitled to have, if he demands it, an adjournment of the proceedings for three clear days, before the exhibition of such new evidence exclusive of the day of adjournment and of the day to which the proceedings are adjourned.
View Complete Act List Judgments citing this sectionPublic Servants (Inquiries) Act, 1850 Preamble 1
Title: Public Servants (Inquiries) Act, 1850
State: Central
Year: 1850
THE PUBLIC SERVANTS (INQUIRIES) ACT, 1850 [Act, No. 37 Of 1850]1 [1st November, 1850] PREAMBLE For regulating inquiries into the behaviour of Public Servants. WHEREAS it is expedient to amend the law for regulating inquiries into the behaviour of public servants not removable from their appointments without the sanction of Government, and to make the same uniform throughout [***] India; It is enacted as follows :-- _________________________ 1. The short title was given to the Act by the Public Servants (Inquiries) Act (1850) Amendment Act, 1897 (1 of 1897), Section 1.
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