Section 18 of Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act, reads as follows: Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act.” One Ram Krishna Balothia challenged the constitutional validity of this …
Anticipatory Bail In SC-ST (Prevention Of Atrocities) Act Cases Read More »
Section 256 of Criminal Procedure Code reads as follows: Non appearance or death of complainant.—(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding …
S 256 CrPC – Acquittal Of Accused Against Whom A Warrant Is Issued Read More »
Section 438 CrPC provides that when any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section. So it is clear from literal reading of this provision that Section 438 CrPC confers …
S 438 CrPC – Anticipatory Bail Application Directly Before High Court Read More »
Section 2(d) CrPC defines a complaint: “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation.—A report made by a police officer in a …
Police Report After Investigation In Non-Cognizable Offences – Deemed Complaint? Read More »
Can a Magistrate order police investigation under Section 156(3) CrPC if the complaint alleges only non-cognizable offence? Section 156(3) CrPC says any Magistrate empowered under section 190 may order such an investigation as above-mentioned. Section 156 marginal note reads “Police officer’s power to investigate cognizable case.” and Section 156(1) also speaks about police power to investigate …
The Supreme Court in Vinubhai Haribhai Malaviya vs State Of Gujarat [ (2019) 17 SCC 1 ] disagreed with its earlier view taken in Devarapalli Lakshminarayana Reddy vs V. Narayana Reddy [ (1976) 3 SCC 252 ] and held that the power of ordering further investigation is available to a Magistrate even at post-cognizance stage. …
The Supreme Court in Arnesh Kumar vs State of Bihar 2014 (8) SCC 273 had held that in all cases where the arrest of a person is not required under Section 41(1) Cr.P.C. the police officer is required to issue notice directing the accused to appear before him at a specified place and time. While issuing guidelines, …
Section 397 CrPC deals with Revision Powers of High Court/Sessions Court. Sub-section (2) reads as follows: The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. The old code of 1898 did not contain such a provision. The …
S 397(2) CrPC – Meaning Of ‘Interlocutory Order’ Read More »
In Nasib Singh v. State of Punjab (2022) 2 SCC 89, the Supreme Court laid down the following principles: (i) Section 218 provides that separate trials shall be conducted for distinct offences alleged to be committed by a person. Sections 219 – 221 provide exceptions to this general rule. If a person falls under these …
Ss 218-223 – Principles Governing Joint & Separate Trials Read More »
Section 160 CrPC deals with police officer’s power to require attendance of witnesses. Sub Section (1) reads as follows: Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the …