Code of Criminal Procedure 1973

S 482 CrPC – Can Inherent Powers Be Invoked To Quash Domestic Violence Complaint?

January 1, 2023 / By

Can a petition under Section 482 CrPC be filed to quash a Domestic violence complaint ? Madras HC and Bombay HC (Full Bench Judgments) In a judgment delivered last month, the Madras High Court (Full Bench) in Arul Daniel vs Suganya held that a petition under Section 482 Cr.P.C. challenging a proceeding under Section 12 of the …

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Anticipatory Bail In SC-ST (Prevention Of Atrocities) Act Cases

December 31, 2022 / By

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 …

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S 256 CrPC – Acquittal Of Accused Against Whom A Warrant Is Issued

December 31, 2022 / By

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 …

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S 438 CrPC – Anticipatory Bail Application Directly Before High Court

December 30, 2022 / By

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 …

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Police Report After Investigation In Non-Cognizable Offences – Deemed Complaint? 

December 30, 2022 / By

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 …

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S 156(3), 155(2) CrPC – Can Magistrate Order Police Investigation In A Non Cognizable Case? [View Point]

December 30, 2022 / By

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 …

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S 397(2) CrPC – Meaning Of ‘Interlocutory Order’

December 29, 2022 / By

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 …

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Ss 218-223 – Principles Governing Joint & Separate Trials

December 28, 2022 / By

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 …

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