Criminal Procedure - Law Dictionary Search Results
Complaint
person, whether known or unknown, has committed an offence, but does not include a police report. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (d)] Means-- (i) a consumer; or (ii) any voluntary consumer association registered … commission of an offence with the necessary facts for the Magistrate to take action. S. 190(1)(a) of the Criminal Procedure Code, 1898 makes it necessary that the alleged facts must disclose the commission of an offence, Bhimappa Basappa
Magistrate
the first class, or as the case may be, the Metropolitan Magistrate, exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974) in the area where the aggrieved person resides temporaily or otherwise or the respondent … relation to a metropolitan area within the meaning of clause (k) of s. 2 of the Code of Criminal Procedure, 1973 (2 of 1974), a Metropolitan Magistrate; (2) in relation to any other area, the Chief Judicial Magistrate,
Offence
respect of which a complaint may be made under s. 20 of the Cattle-trespass Act, 1871. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2(n)] The word 'offence' in Article 20 of Constitution of India, is meant … 319. Contempt of court is not an offence within the meaning of s. 5(2) of the Code of Criminal Procedure, State v. Padma Kant Malviya, AIR 1954 All 523 (537) (FB). Even breaches of the Customs laws entailing
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Court of competent jurisdiction
for all purposes, State of Madhya Pradesh v. Bhooraji, (2001) 7 SCC 679: AIR 2001 SC 3372 (3778). [Criminal Procedure Code, 1973, s. 465(1)] The expression 'a court of competent jurisdiction envisaged in s. 465' is to denote … with jurisdiction to try the offence or offences, State of Madhya Pradesh v. Bhooraji, (2001) 7 SCC 679. [Criminal Procedure Code, 1973, s. 465(1)]
Imprisonment
Chitty's Statutes, tit. 'Justices.' Important alterations in the law relating to imprisonment have been introduced by the (English) Criminal Justice Administration Act, 1914; see especially s. 3 and ss. 16-18; and see the (English) Money Payments (Justices … (English) Summary Jurisdiction (Appeals) Act, 1933 (23 & 24 Geo. 5, c. 38); this Act now regulates the procedure on appeal to Quarter Sessions; Chitty's Statutes, tit. 'Justices.' Important alterations in the law relating to imprisonment have
Taking cognizable
1167 (1169). [Cri PC, 1898, s. 190(1)(b)] The expression 'taking cognizance' in s. 190 of the Code of Criminal Procedure, 1973 which merely means judicial application of the mind of the Magistrate to the facts mentioned in the … Tula Ram v. Kishore Singh, AIR 1977 SC 2401 (2403): (1977) 4 SCC 459: (1978) 1 SCR 615 [Criminal Procedure Code, 1973 s. 190 (1) (a)] When the Magistrate applies his mind not for the purpose of proceeding
Video conferencing
being recorded in the 'presence' of the accused and would thus fully meet the requirements of s. 273, Criminal Procedure Code. Recording of such evidence would be as per 'procedure establishment by law', State of Maharashtra v. Praful … by law', State of Maharashtra v. Praful B. Desai, (2003) 4 SCC 601: AIR 2003 SC 2053 (2061). [Criminal Procedure Code, s. 273]
Trial
must always be a forerunner to the trial, Vidyadharan v. State of Kerala, (2004) 1 SCC 215 (222). [Criminal Procedure Code, 1973, s. 2(g)
Investigation
by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (h)] S. 2(h), Cr. P.C. defines 'investigation' and it in-cludes all the … the public analyst do not amount to investigation, State of Rajasthan v. Shambhoogiri, (2004) 8 SCC 169 (173). [Criminal Procedure Code, 1973, s. 2(h)]
Period of detention
Period of detention, undergone by the accused to be set off against the sentence of imprisonment. Code of Criminal Procedure, 1973 (2 of 1974), s. 265-9. See also Criminal Law (Amendment) Act, 2005 (2 of 2006), s. 4. … Criminal Law (Amendment) Act, 2005 (2 of 2006), s. 4. The expression 'period of detention' in s. 428, Criminal Procedure Code, 1973 does not include the detention under preventive detention laws such as the Preventive Detention Act or
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