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For non-cognizable offences the Magistrate empowered to take cognizance under section 190 CrPC. Under section 156(3) CrPC the Magistrate is competent to direct the police to register the case, investigate the same and submit the challan/report for cancellation. (2003 P.Cr.L.J.1282) Ingredients of Section 154
English: The Code of Criminal Procedure is the main legislation on procedure for administration of substantive criminal law in India.It was enacted in 1973 and came into force on 1 April 1974. Date 27 November 2013, 22:21:23
Code of Criminal Procedure, 1973, in its basic form, is the main legislation on procedure for administration of criminal law in India. It describes the procedure for the machinery for the investigation of crime , apprehension of suspected criminals , collection of evidence, determination of guilt or innocence of the accused person and the ...
Case history; Prior action: Criminal Revision No. 320 of 1979, Madhya Pradesh High Court: Court membership; Judges sitting: Y. V. Chandrachud (Chief Justice), Rangnath Misra, D A Desai, O Chinnappa Reddy, E S Venkataramiah: Case opinions; A woman has a right to claim maintenance under Section 125 of CrPC as the Code is a criminal law and not a ...
A person is not convictable under Section 376 2e (Raping a pregnant women) if he had certain knowledge of the fact that the victim is pregnant. The knowledge of the fact must be proven to certainty and not possibility. Consequently, in this case, the accused was sentenced under Section 376 (1), and was sentenced to milder punishment.
Courts of Metropolitan Magistrate are at the second lowest level of the Criminal Court structure in India According to the Section 16 of the Criminal Procedure Code, 1973 (CrPc),in every metropolitan area, there shall be established as many courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.
The Criminal Law (Amendment) Act, 2013 (popularly known as Nirbhaya Act) is an Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences.
Section 144 is a section of the Code of Criminal Procedure, which prohibits assembly of five or more people, holding of public meetings, and carrying of firearms and can be invoked for up to two months. [4] [5] [6] It also gives the magistracy the power to issue order absolute at once in urgent cases of nuisance or apprehended danger. [7]