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Start Free TrialCode of Criminal Procedure, 1973 Section 25A
Title: Directorate of Prosecution
State: Central
Year: 1973
.....cases in the High Court shall be subordinate to the Director of Prosecution. (6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (3), or as the case may be, sub-section (8), of section 24 to conduct cases in District Courts and every Assistant Public Prosecutor appointed under sub-section (1) of section 25 shall be subordinate to the Deputy Director of Prosecution. (7) The powers and functions of the Director of Prosecution and the Deputy Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution have been appointed shall be such as the State Government may, by notification, specify. (8) The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.]. ________________________ 1. Inserted by Code of Criminal Procedure (Amendment) Act, 2005
View Complete Act List Judgments citing this sectionPrevention of Corruption Act, 1988 Chapter V
Title: Sanction for Prosecution and Other Miscellaneous Provisions
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 sectionWealth-tax Act, 1957 Section 35GA
Title: Power of Commissioner to Grant Immunity from Prosecution
State: Central
Year: 1957
.....for settlement under section 22C had been made before the 1st day of June, 2007(45 of 1980), the Commissioner may grant immunity from prosecution for any offence under this Act or under the Indian Penal Code or under any other Central Act for the time being in force. (4) The immunity granted to a person under sub-section (3) shall stand withdrawn, if such person fails to comply with any condition subject to which the immunity was granted and thereupon the provisions of this Act shall apply as if such immunity had not been granted. (5) The immunity granted to a person under sub-section (3) may, at any time, be withdrawn by the Commissioner, if he is satisfied that such person had, in the course of any proceedings, after abatement, concealed any particulars, material to the assessment, from the wealth-tax authority or had given false evidence, and thereupon such person may be tried for the offence with respect to which the immunity was granted or for any other offence of which he appears to have been guilty in connection with the proceedings.] __________________________________________ 1. Inserted by the Finance Act, 2008.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 342
Title: Prosecution of Delinquent Officers and Members of Company
State: Central
Year: 2013
.....sub-section (2), the Tribunal may, on the application of any person interested in the winding up or suo motu, direct the Company Liquidator to make such a report, and on a report being made, the provisions of this section shall have effect as though the report had been made in pursuance of the provisions of sub-section (2). (5) When any prosecution is instituted under this section, it shall be the duty of the liquidator and of every person, who is or has been an officer and agent of the company to give all assistance in connection with the prosecution which he is reasonably able to give. Explanation. -- For the purposes of this sub-section, the expression "agent", in relation to a company, shall include any banker or legal adviser of the company and any person employed by the company as auditor. (6) If a person fails or neglects to give assistance required by sub-section (5), he shall be liable to pay fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees.
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 278AB
Title: Power of Commissioner to Grant Immunity from Prosecution
State: Central
Year: 1961
.....under section 245C had been made before the 1st day of June, 2007, the Commissioner may grant immunity from prosecution for any offence under this Act or under the Indian Penal Code (45 of 1860) or under any other Central Act for the time being in force. (4) The immunity granted to a person under sub-section (3) shall stand withdrawn, if such person fails to comply with any condition subject to which the immunity was granted and thereupon the provisions of this Act shall apply as if such immunity had not been granted. (5) The immunity granted to a person under sub-section (3) may, at any time, be withdrawn by the Commissioner, if he is satisfied that such person had, in the course of any proceedings, after abatement, concealed any particulars material to the assessment from the income-tax authority or had given false evidence, and thereupon such person may be tried for the offence with respect to which the immunity was granted or for any other offence of which he appears to have been guilty in connection with the proceedings.] _____________________________ 1. Inserted by the Finance Act, 2008, with effect from 1st April, 2008.
View Complete Act List Judgments citing this sectionBombay Highways Act, 1955, (Maharashtra) Section 69
Title: Protection of Persons Acting in Good Faith and Limitation of Suit or Prosecution
State: Maharashtra
Year: 1955
(1) No suit, prosecution or other legal proceedings shall be instituted against any public servant or officer or person duly authorised under this Act in respect of anything in good faith done or intended to be done under this Act, or the rules or orders made thereunder. (2) No suit or prosecution shall be instituted against any public servant or officer or person duly authorized under this Act in respect of anything done or intended to be done under this Act, unless the suit or prosecution has been instituted within six months from the date of the act complained of.
View Complete Act List Judgments citing this sectionNarcotic Drugs and Psychotropic Substances Act, 1985 Section 64A
Title: Immunity from Prosecution to Addicts Volunteering for Treatment
State: Central
Year: 1985
1[64A. Immunity from prosecution to addicts volunteering for treatment Any addict, who is charged with an offence punishable under section 27 or with offences involving small quantity of narcotic drugs or psychotropic substances, who voluntarily seeks to undergo medical treatment for de-addiction from a hospital or an institution maintained or recognised by the Government or a local authority and undergoes such treatment shall not be liable to prosecution under section 27 or under any other section for offences involving small quantity of narcotic drugs or psychotropic substances: Provided that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for de-addiction.] ______________________ 1. Inserted by Act 2 of 1989, section 17 (w.e.f. 29-5-1989) and substituted by Act 9 of 2001, section 30 (w.e.f. 2-10-2001).
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 244
Title: Evidence for Prosecution
State: Central
Year: 1973
(1) When, in any warrant-case instituted otherwise than on a police report the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. (2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 302
Title: Permission to Conduct Prosecution
State: Central
Year: 1973
(1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of Inspector; but no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission: Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted. (2) Any person conducting the prosecution may do so personally or by a pleader.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 321
Title: Withdrawal from Prosecution
State: Central
Year: 1973
.....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 ).
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