Court : Chennai
Reported in : 1999(2)ALD(Cri)559; 2000CriLJ976
..... in this connection, it is relevant to note that sections 120a and 120b, which are the two sections in chapter 5-a of ipc came to be introduced by the criminal law amendment act of 1913 ..... in view of the different charges pointed out by the learned public prosecutor, though the said charge had not been framed, let us quote the said provision also, that is, section 13(1)(d)(i):--a public servant is said to commit the offence of criminal misconduct, if he, by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage. 54 ..... . gerald orchard of university of canterbury, new zealand (criminal law review 1974, 297 at 299) explalns the limited nature of this proposition:although it is not in doubt that the offence requires some physical manifestation of agreement, it is important to note the limited nature of this ..... state of haryana : 1977crilj1891 were given with respect to the provisions of the code, particularly section 397(2), they were correctly decided and would have no application to the interpretation of section 11(1) of the act, which expressly excludes the provisions of the code of criminal procedure by virtue of the non obstante clause.... ..... to call for the records of any proceeding before any inferior criminal court and go into the correctness, legality or propriety of any order any such proceeding of such inferior court, under section 397(2) the powers of revision shall not be exercised in relation to an interlocutory order .....
Tag this Judgment!Court : Chennai
Reported in : 1997(1)ALT(Cri)738; 1997(1)CTC637
..... (a) commit it for trial (i) to the court of session if the offence is triable exclusively by the court or if the magistrate taking cognizance is the chief judicial magistrate; (ii) to a court of special judge appointed under the criminal law amendment act, 1952, if the offence is triable exclusively by the court; (b) in any other case, make over the case to the chief judicial magistrate who shall try the case himself. ..... it is therefore, under the circumstances, in order to satisfy the two tests above referred to before taking congnizance of an offence, certain procedures which are mandatory in nature, provided by the statute under sub-clause (4) of section 306 of the code, have to be complied with by the magistrate before passing the committal order and after the accused is committed to the courts of sessions the trial as per the procedure has to begin and commence. ..... imperate to note that the essential ingredient of the offence of criminal conspiracy is the agreement to commit an offence and in a case where the agreement is for accomplishment of an act which by itself constitutes an offence, then in that event no overt act is necessary to be proved by the prosecution because in such a fact situation criminal conspiracy alleged is with regard to commission of a serious crime of the nature as provided under section 120b, the proof of any overt act by the accused or by any one of them may not always .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1928Cal27
..... debi prosad chatterjee has been convicted by the commissioners appointed under sub-sections 1 and 2, section 4, bengal criminal law amendment act, 1925, of offences, under sections 120-b, i.p.c. ..... appeals are against a judgment of commissioners appointed under sub-sections (1) and (2) section 4, bengal criminal law amendment act, 1925. ..... , 4(b), explosive substances act, and 19(f), indian arms act and sentenced to three years rigorous imprisonment under section 4(b), explosive substances act, and to eighteen months' rigorous imprisonment under section 19(f), indian arms act, the sentences to ..... but to convict him of possessing, manufacturing or conspiring to possess explosive articles within section 5, explosives act, something more need be proved than his occasional visits to the house or his statement about the inmates of the house to ..... is, therefore, reduced to that imposed upon those three persons, namely rigorous imprisonment for five years under section 4(b), explosive substances act, and rigorous imprisonment for two years under section 19(f), arms act, the sentences to run concurrently. ..... the offences specified in section 4(b), explosive substances act, and section 19(f) arms act, and also substantive offences under both the last-mentioned sections. ..... rakhal chandra de, have been sentenced to transportation for life in connexion with the alipore jail murder; and the learned vakil who appears for them has moved us to exercise the powers vested in us by section 397, criminal p.c. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1937Cal433
..... was examined and the tribunal took cognizance of the alleged offences under section 5, bengal criminal law amendment act of 1925. ..... accordingly filed a petition of complaint on 10th august 1936 before a special tribunal appointed under section 4, bengal criminal law amendment act. ..... nitai jana had already been arrested under the bengal criminal law amendment act on 26th april 1934 and had been sent to hijli detention camp as a ..... that case sought to use the confessions of two accused persons not only against them, but against the rest of the accused, the learned chief justice proceeded:the warrant for this is to be found in section 30, evidence act, which provides that where more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons, is proved ..... taking the two sections of the evidence act, namely section 133 and section 114 together, i think it may be safely laid down that the statute law of india did not intend to introduce a different rule for the guidance of the courts from that which may be now taken as the accepted rule of law in england, as explained by lord beading, ..... confessions made by accused persons in criminal proceedings are, for the first time, referred to in section 24, which lays down in what circumstances such confessions are ..... the language of the section is guarded, and the history of this act leaves me in no doubt that this section was designedly framed in these .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1930Cal759,129Ind.Cas.366
..... , which however only decided actually that where a magistrate had committed an accused for trial to the high court under the provisions of the criminal law amendment act 1908, barristers would have the exclusive right of audience before the special tribunal at the trial of such cases in the high court. ..... on the other hand has argued that the court has power to dispose of the matter in its criminal appellate jurisdiction, though it may be the crown side would also have jurisdiction to deal with it. ..... also referred to the provisions of clauses 22, 23 and 24, letters patent of 1865, as to the criminal jurisdiction of their court, and to rule 2, crown side rules, laid down in ch. ..... in so far as the contempt of a subordinate court is concerned the matter is now governed by the provisions of the contempt of courts act 1926, enacted, as the preamble states, because doubts had arisen as to the powers of a high court to punish contempts of subordinate ..... chief justice has directed that we should exercise the jurisdiction vested in this court by the contempt of courts act 1926, but when the rule first came on for hearing, the point was raised by mr. ..... section 2(1) of the act, so far as material, provides that:the high courts of judicature established by letters patent shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempts ..... articles related to the trial of certain accused persons under section 124-a, i.p.c. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal677,1957CriLJ1245,62CWN1
..... of the appellant by a special judge under the provisions of the bengal criminal law amendment act (act xxi of 1849), read with bengal ordinance, iii of 1940. ..... gupta bhaya is the following:(1) he settled the draft of the sanction under section 196 (2) of the code of criminal procedure; (2) he issued the notification by which a second special court was constituted; (3) the notification appointing a judge to preside over the second special court was signed by him; (4) it was he ..... prior thereto, an application for sanction under section 196 (2) of the code of criminal procedure had already been made by the commissioner of police, calcutta, in connection ..... the supreme court that a magistrate, sanctioning the prosecution of a person under the provisions of a special law was not debarred by section 556 of the code from holding the trial of the accused. ..... bench of this court that a district judge might accord sanction forthe trial of a particular person under section 476 of the code of criminal procedure and might subsequently try the case himself as the sessions judge of the district without violating the provisions of section 487 of the code of criminal procedure; see the case of queen empress v. ..... in the meantime, a second special court had beenconstituted under section 3 of the ordinance, for the trial of particularly complicated cases under certain sections of the indian penal code or such other classes of cases as the state government might decide to allot thereto, by a notification .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1936Cal529,165Ind.Cas.162
..... has committed a scheduled offence not punishable with death (these are the important words 'not punishable with death') in furtherance of or in connection with the terrorist movement, or an offence punishable under this act, or under section 6, bengal criminal law amendment act, 1930, the local government or district magistrate as the case may be, may, by order in writing, direct that such person shall be tried by a special magistrate.3. ..... of these special statutes demonstrating the scheme adopted by the authorities to deal with the terrorist movement, (i refer to the bengal criminal law amendment act of 1925) that there is provision for the trial of persons who are said to have committed offences under a schedule which resembles very closely schedule 2 to the suppression of terrorist outrages act schedule, but without the qualification introduced into the subsequent act that they are offences not punishable by death. ..... were invited therefore to say that the appellants could legally insist in the circumstances on being tried before such a tribunal rather than by a special magistrate who, according to section 24, bengal suppression of terrorist outrages act of 1932, need only be a magistrate of the first class or a presidency magistrate who has exercised his powers as such for a period of not less than 4 ..... of this argument is based upon the wording of section 25, bengal suppression of terrorists outrages act, 1932' the section under which the special magistrate was empowered to try .....
Tag this Judgment!Court : Kolkata
Reported in : (1989)1CALLT307(HC)
..... section 113a was inserted in the evidence act with effect from 25.12.83 by criminal law (second amendment) act, ..... (3) the second part of clause (1) of section 32 is yet another exception to the rule that in criminal law the evidence of a person who was not being subjected to or given an opportunity of being cross-examined by the accused, would be valueless because the place of cross-examination is taken by the solemnity and sanctity of oath for ..... ' simultaneously, section 498a was also inserted in the penal code by the same amendment act as follows :'498 ..... case the appellants could not be legally convicted of the charge under section 306 of the indian penal code on the basis of the authority he has quoted, i may add that one of the basic principles of the criminal jurisprudence is that a person can only be convicted for his act if that act can be found to be an offence on the basis of the evidence adduced considered in the light of the laws, both substantive and procedural, prevalent at the time of the commission of ..... the prosecution is relieved of the onus to prove the ingredients of abetment to suicide beyond reasonable doubt under the amended law, in case of a suicide by a married woman within 7 years of marriage, mere proof of cruelty within the meaning of section 498a, indian penal code which was also simultaneously inserted, to a married woman by the husband or any relative of the husband would entitle the prosecution to the presumption that such suicide had been abetted by .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1935Cal513,157Ind.Cas.387
..... at the same time on an application made on behalf of the crown the commissioners tendered a pardon on the terms and conditions imposed by section 8, bengal criminal law amended act, 1925, to the accused sailesh chandra ghosh, namely on the condition of his making a full and true disclosure of the whole circumstances within his knowledge relative to the offence and to every other person concerned whether as ..... (1) and (2) of section 4, bengal criminal law amendment act, 1925, for the trial under that act of thirteen persons who were accused of offences specified in schedule 1 of the act. ..... the matter comes in pursuance of appeals on the part of all the convicted persons and by way of a reference under section 3(2), bengal criminal law amendment (supplementary) act of 1925 for confirmation of the sentences of death which were passed by the commissioners. ..... we are of opinion that the legal position as regards the evidence of an accomplice or an approver as deduced from the relevant sections of the evidence act and the english and indian judicial decisions is comprehensively summarised by sir arthur page, c.j. ..... no doubt as a broad proposition it is correct to say, as was reiterated in the case above mentioned, that in spite of section 133, evidence act, the rule of practice that an accused person ought not to be convicted on the uncorroborated testimony of an accomplice has become virtually equivalent to a rule of law. .....
Tag this Judgment!Court : Kolkata
Reported in : 1976CriLJ1609
..... section 5 as referred to above is exactly the same as section 5 of the west bengal criminal law (amendment) act. ..... this was a case under west bengal criminal law amendment act. ..... barman in this connection refers to section 10 of the tribunals of criminal jurisdiction act which reads as follows:the provisions of the code or of any other law for the time being in force, in so far as they may be applicable and in so far as they are not inconsistent with the provisions of this act, shall apply to all matters connected with, arising from, or consequent upon, a trial by a tribunal constituted under this act as if the tribunal were a court of session exercising original criminal jurisdiction.mr. ..... acharya contends that after the new criminal procedure code came into force sections 5 and 11 of the act of 1952 became void as those sections were repugnant to the provisions of the new criminal procedure code. ..... after the new criminal procedure code came into force the act of 1952 can no longer be considered as valid law because by reason of the operation of the proviso to clause 2 of article 254 of the constitution of india, the act of 1952 which is a state law, has become void as the new criminal procedure code created repugnancy.6. mr. ..... 1 dated 3-11-1970 is not according to law as there has been a violation of the mandatory provisions of section 200 of the code of criminal procedure and that this illegality is fatal for the subsequent proceedings. .....
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