Short Title and Commencement: (1) This Act may be called the Code of Criminal. Procedure, ; and it shall come into force on the first day. Preface Among the procedural law the Code of Criminal Procedure is very important. The Code was come into force in first July, The Code was enacted. Our legal system’s law of crime is mainly contained in the Code of Criminal Procedure, which provides the machinery for the detection of crime.
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Use of military force.
In such cases it is for the accused to himself apply for and obtain copies of such statements if he so wants. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
Opening case for prosecution. Under Section the Magistrate must take all evidence and come to a definite decision, that is, there can be no reference to the Civil Court by him.
The word “dispossessed” means to be out of possession, removed from crpv premises, ousted, ejected or excluded- R. Effect of such warrant. Proceedings in wrong place.
Assembly to disperse on command of Magistrate or police officer. Nature of notice under Section Procedure of Magistrate not empowered to act under sub-section 1.
Code of Criminal Procedure Complete Act – Citation – Bare Act | LegalCrystal
Search of house suspected to contain stolen property, forged documents, 188 The Transfer of Property Act, belongs to this category. Section does not only permit non-confessional or non-incriminatory statements of such accused persons to be recorded, but also statements leading to discovery of facts.
A police-officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark or buoy or other mark used for navigation. Judicial Magistrate of the Second class.
Charge to state offence. High Court Division may transfer case or itself try it. Resisting endeavour to arrest. Section CrPC is mandatory, the violation of which causes prejudice to the accused 1889 is not curable under section Cprc. A warrant directed to any police-officer may also be executed by any other police-officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.
Examination of Sections 54 & of the Code of Criminal Procedure – PKLJC 49
State of Bihar, 3 SCC Unlike in the Magistrate Court there are formal opening, argument and closing of every case in Session Court. Suspension of sentence pending appeal Release of appellant on bail. Same as that of West Bengal with the following modifications- i for the word ‘volunteer’ wherever occurring, read “Home Guard” ; ii for clause b of sub-section 3 and Explanation thereto, read the following, namely- ” b when made upon a Home-Guard, to have been made by a competent authority calling upon the Home Guard for duty under sub-section 1 of Section 7 of the Assam Home Guards Act, Whether notice to be issued before impleding de novo proceedings necessary.
AHM Mohsin-An appeal from acquittal, the appellate Court in exercise of its appellate authority is not entitled to interfere with frpc decisions unless those suffer from manifest illegality, legal infirmity and perversity rendering a positive miscarriage drpc justice. Procedure in regard to such evidence when completed. Sentence of death to be submitted by Court of Session.
Clases of Criminal Courts. Powers and duties of Magistrates.
Law and Justice Commission of Pakistan
Chronological Order Index Act No. Act 8 of l This is a kind of supervisory jurisdiction exercised by the superior courts over inferior courts. Provided that no case in which a Magistrate exercises the special powers conferred by section 33A shall be tried in a summary way.
C cepc search cannot be done in the presence of men, there is no reason for Supreme Court to depart from the usual practice of accepting such findings. Additional powers conferrable on Magistrates-In addition to his ordinary powers,- i the High Court may invest any Judicial Magistrate with any of the powers 11898 specified in Part I of the Fourth Schedule ; ii a Chief Judicial Magistrate may invest any other Judicial Magistrate within his local jurisdiction with the powers specified in Part I of the Fourth Schedule; iii the State Government may invest any Executive Magistrate with any of the powers cr;c specified in Part II of the Fourth Schedule ; and iv a District Magistrate may invest any Executive Magistrate within his local jurisdiction with the powers specified in Part II of the Fourth Schedule.
Section A to Sections G form a single scheme and must be read together. Act 8 ofSection 3, and Schedule, item 27 S.
AIR Jurisdiction of Magistrate. Where an arrest is made by police without a warrant from 18898 Magistrate under Sectionit does not mean that the provisions of Section do not apply.