Judgment Search Results Home > Cases Phrase: criminal law amendment act 2013 section 22 amendment of section 327 Court: delhi Page 1 of about 598 results (0.138 seconds)

Vijay Singhal and ors. Vs. Govt. of Nct of Delhi and anr.

Court : Delhi

..... were brought onto the statute book by virtue of criminal law (amendment) act, 1983 (in short 1983 act) with the object of protecting the dignity of a rape victim and to enable the victim to depose comfortably ..... section should be added to section 327:sub section to be added to section 327, code of criminal procedure, 1973 after re-numbering present section of sub section ..... the respondents that if there is an inquiry or a trial of an offence of rape and other allied offences referred to in sub section (2) of section 327, then as a matter of law, the proceedings will have to be held in camera without the court employing the necessary discretion in the matter, is a submission which ..... in the light of the above discussion, a specific proviso should be added to section 327 of the code of criminal procedure, as under: proviso to be added to section 327 of the code of criminal procedure, 1973. ..... (i) that the general principle of open public trial is a rule, which ought not to be disturbed except in exceptional circumstances; (ii) under proviso to sub section (1) of section 327, it is the court which is empowered to exclude the public generally or any particular person having regard to the facts and circumstances of each case. ..... 05.01.2013, an advisory was issued by the public relations officer, of the delhi police advising people at large that since the magistrate had taken cognizance of the chargesheet filed in fir no.403/2012, with ps vasant vihar, on 05.01.2003, the provisions of section 327 .....

Gaya Prasad Pal @ Mukesh vs.state

Court : Delhi

..... the provision contained in section 354 ipc was amended by criminal law (amendment) act, 2013 (act 13 of 2013) brought into force with effect from 3.2.2013. ..... it has to be borne in mind that the relevant provisions including those referred to above are to be read, after coming into force of criminal law (amendment) act, 2013 with effect from 03.02.2013, with the provision contained in section crl. a. ..... the above-noted provisions of the procedural criminal law are ordinarily subject to three riders; first, as indicated by section 220 (5) quoted above (referring to section 71 ipc), second, under section 222 cr.p.c and, the third, more apt for present context, under section 42 of pocso act, which we consider hereafter. ..... we must add here that the act 13 of 2013 whereby ipc was amended, added four new penal provisions (section 376-a to 376-d) which deal with aggravated form of the offence of rape. ..... prior to the amendment of the penal code with effect from 3.2.2013 by act 13 of 2013, the offence of rape was defined by section 375 ipc in terms, generally speaking, essentially requiring it to be proved that the accused had engaged in sexual intercourse with a woman against her will or without her consent, vaginal penetration by the male organ being always ..... the objective behind the statutory command for in-camera proceedings in such cases being the rule in terms of section 327 cr. .....

Sant Ram Vs. Delhi State, G.R. Mittal Metropolitan Magistrate

Court : Delhi

Reported in : 17(1980)DLT490

..... sood learned counsel for the delhi administration has referred us to the criminal law amendment act, 1932, which allows the state government under section 10 of the act to declare certain offences as cognizable offences. ..... in exercise of the powers conferred by section 10 of the criminal law amendment act 1932, the chief commissioner of delhi is pleased to declare. ..... all notifications and laws previously in force are continued by section 484(2) of the new act, and in any case, the notification was issued under the amendment act, 1932 which is not at all affected by the repeal of the criminal procedure code of 1898. ..... (1) the state government may by notification in the official gazette, declare that any offence punishable under sections 186, 189, 188, 190, 295a, 298, 505, 506 or 507 of the indian penal code, when committed in any area specified in the notification shall notwithstanding anything contained in the code of criminal procedure 1898, be cognizable, and thereupon the code of criminal procedure, 1898 shall, while such notification remains in force, be deemed to be amended accordingly. ..... (1) the petitioner has filed the present writ petition under articles 226 and 227 of the constitution of india read with section 482, criminal procedure code for quashing criminal proceedings pending against him under sections 506 and 507 of the indian penal code. .....

J.K. Singh Vs. the State of Delhi

Court : Delhi

Reported in : 1982(3)DRJ32

..... as the special judge will be able to try them for the conspiracy to commit the offence under section 5 of the prevention of corruption act, he will equally be entitled to try them for the conspiracy to cheat in virtue of sub-section (3) of section 7 of the criminal law amendment act. ..... (3) dismissing the petition it was held that :- according to section 7(1) of the criminal law amendment act 1952 a special judge has exclusive jurisdiction to try the offences specified in sub-section (1), of section 6 thereof. ..... (2) contentions:- it was contended if the offence under the act cannot be prosecuted in the court of the special judge he has no jurisdiction to try the other accused persons because the other accused or guilty of offences under section 120b/420 indian penal code . ..... jain was separately also charged with section 5(2) read with section 5(1)(d) of prevention of corruption act (the act). ..... according to section 6(1), such exclusive jurisdiction extends not only to an offence under section 5 of the prevention of corruption act, but also to any conspiracy to commit or any attempt to commit or any abatement of any such offence ..... (4) sanction according to section 5 of the prevention of corruption act is necessary for taking cognizance only against a public servant ..... , state bank of india, new delhi and five other persons belonging to some private concerns under sections 120-b and 109 read with section 420 indian penal code . ..... and read with section 5(2) of the prevention of corruption act. g. s. .....

Abdul Butt Vs. Govt. of Union Territory of Himachal Pradesh, and anr.

Court : Delhi

Reported in : AIR1968Delhi49a; 1968CriLJ145

..... the discretion of the district magistrate, kinnaur no writ of mandamus can issue from this court.as regards the petitioner's prayer for quashing the criminal proceedings launched against him under section 3(6) of criminal law amendment act, 1961 the argument of the learned counsel for the respondents is that the petitioner on his own showing continued to stay within the ntoified area in spite of cancellation of his permit on 29th december, 1966 ..... the permit would have ordinarily remained in force would nto make the order dated 29th december, 1966 legal in any sense of the term.as facts stand the petitioner is being prosecuted under section 3(6) of the criminal law amendment act, 1961 for having disobeyed the orders made by respondent no. ..... and the order of the district magistrate requiring him to remove himself from the confines of that area; he thereforee became liable to the penalties prescribed under the act and thus became ..... 29th december, 1966 had nto been complied with by the petitioner and he had continued to stay in the ntoified area in spite of cancellation of his permit, necessary proceedings for his prosecution under section 3(6) of criminal law amendment act, 1961 had been launched against him. .....

iqbal Singh Vs. State, Etc.

Court : Delhi

Reported in : 1977CriLJ501; ILR1977Delhi100

..... judge where the offence is punishable under the various sections enumerated in the sub-section without making any further enquiry but not before he had examined the accomplice under ..... where the offence is punishable under section 161 or section 165 or section 165-a of the indian penal code or sub-section (2) of section 5 of the prevention of corruption act, 1947, and where a person has accepted tender of pardon and has been examined under sub-section (2); then, notwithstanding anything contained in subsection (2-a), a magistrate shall, without making any further enquiry, send the case for trial to the court of the special judge appointed under the criminal law amendment act, 1952'.(9) shri lal ..... submits that sub-section (2-b) empowers a magistrate notwithstanding anything contained in sub-section (2-a), to send the case for trial to the court of the special .....

Ex. Gnr. Ajit Singh, S/O Mahesh Chand Vs. the Union of India (Uoi) and ...

Court : Delhi

Reported in : 2004CriLJ3994; 2004(73)DRJ494

..... section 7 of the criminal law (amendment) act 1952, reads : 'notwithstanding anything contained in the code of criminal procedure, 1898 (act v of 1898) or in any other law the offences specified in sub-section (1) of section 6 shall be triable by special judges only.' 5. ..... barsay's case (supra), supreme court while interpreting in somewhat similar circumstances the criminal law (amendment) act, 1952 held as under:'it is contended that s.7 confers an exclusive jurisdiction on a special judge only in regard to offences specified in sub-sec (i) of s.6 and that the said sub-section does not comprise offences under s.32 of the army act. ..... certain acts, committed or omissions made by a person constitute offences under s.6(l) of the criminal law (amendment) act, 1952. ..... if that be so, the special judge had exclusive jurisdiction to try offences covered by s.6 of the criminal law (amendment) act, 1952.'11. ..... (1) of s.6 of the criminal law (amendment) act. ..... the words 'notwithstanding anything contained in any other law' find expression in sections 15, 16, 18, 19 and 20 the legislative intention is unambiguous as the act lays down provision pursuant to section 29 which deals with child welfare committee, section 37 deals with shelter homes and chapter iv under the said act deals with rehabilitation and social reintegration. 12. .....

Narendra Kumar and ors. Vs. State and ors.

Court : Delhi

Reported in : 2004CriLJ2594; 2004(72)DRJ620

..... right from 1898 and even when new code was enacted in 1973, the legislature has not considered it imperative or necessary to convert the offence under section 506 from ''non-cognizable'' and ''bailable'' to ''cognizable'' and ''non-bailable'' which itself shows that section 10 of criminal law amendment act, 1932 was a sort of temporary measure empowering the state government to declare this offence as cognizable and non-bailable having regard to the conditions prevailing in a particular area and at particular ..... delhi state and others : 17(1980)dlt490 held that the effect of the passing of the criminal procedure code, 1973 was not to terminate the effect of the said notification as all notifications and laws previously in force are continued by section 484(2) of the new code of 1973 and, thereforee, in any case the notification issued under the criminal law amendment act 1932 is not at all affected by the repeal of the criminal procedure code of 1898 in 1973. 21. ..... in exercise of the powers conferred by section 10 of the criminal law amendment act 1932, the chief commissioner of delhi is pleased to declare. ..... section 10 of the criminal law amendment act empowers a state government to meet out a particular situation and is a sort of curative measure to meet a particular situation and not a provision for subverting and nullifying the law enacted by the parliament. 20. ..... section 10 of criminal law amendment act reads as under: ''10. .....

Subhash Chander Vs. the State

Court : Delhi

Reported in : 1990CriLJ1217

..... under the provisions of criminal law (amendment) act, 1952 where the case was before the court of special judge, acting as court of original jurisdiction, and thus the said judgment can be no authority to say that the court of sessions enjoys the same power, is inconsequential in face of the judgment in the case of joginder singh : 1979crilj333 (supra), to the effect that once an accused has been committed to the court of sessions, then the bar under section 193 of the code ..... bindra's interpretation of statutes, 7th edition, also says that 'chapter headings' : 'constitute an important part of the act itself, and they may be read not only as explaining the sections which immediately follow them, as a preamble to a statute may be looked to, to explain its enactments, but as affording as it appears to be (me ? ..... jagrup singh, propounding the view that a criminal court in exercise of power under section 319 of the code was not entitled to take into consideration the material collected during investigation, and that the court has to look only into the evidence of the prosecution, led before it, and no other ..... 2 of the report submitted under section 173 of the criminal procedure code (for short the code. 5 ..... that the intention was clearly to aim at expedition of trial, has also been highlighted by the supreme court though in a different context, in the case of jaginder singh : 1979crilj333 (supra), by observing that : 'the law commission in its 41st report which led to amendment of cr.p.c. .....

Mahender Singh Vs. High Court of Delhi and anr.

Court : Delhi

Reported in : II(2008)BC619; [2009]151CompCas485(Delhi)

..... antulay (ibid) are concerned, such observations are made having regard to a particular provision contained in section 9 of the criminal law (amendment) act, 1952 which gives statutory right of revision in contradiction to section 397 of the cr.p.c. ..... there is marked distinction in the language of section 97(3) of the old amendment act and section 32(2)(i) of the amendment act. ..... or a judicial magistrate of the first class shall try any offence punishable under this act.after the amendment which took effect from 29.10.2002 the said subsection (2) of section 26 of the sebi act reads as under:(2) no court inferior to that of a court of session shall try any offence punishable under this act.the effect of the amendment was that the offences under the sebi act now became triable by a court of session and not by any court inferior to that of a court ..... state of maharashtra : 1995crilj517 wherein, it observed:.from the law settled by this court in various cases the illustrative though not exhaustive principles which emerge with regard to the ambit and scope of an amending act and its retrospective operation may be culled out as follows:(i) a statute which affects substantive rights is presumed to be prospective in operation unless made retrospective, either expressly or by necessary intendment, whereas a statute which merely affects procedure, unless .....