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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
The Section 154 in the Code of Criminal Procedure, 1973, of India states: . Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall ...
Criminal Law (Second Amendment) Act, 1983 (46 of 1983) Code of Criminal Procedure (Amendment) Act, 1988 (32 of 1988) Code of Criminal Procedure (Amendment) Act, 1990 (10 of 1990) Code of Criminal Procedure (Amendment) Act, 1991 (43 of 1991) Code of Criminal Procedure (Amendment) Act, 1993 (40 of 101,3) Criminal Law (Amendment) Act, 1993 (42 of ...
Sections 24 and 25 of the Indian Evidence Act, 1872 renders forced confessions and confessions made to the police irrelevant in trials. [ 8 ] Section 176 (I) of the Code of Criminal Procedure (CrPC) states that if a person in custody dies or disappears, or a woman is raped in custody, the Judicial Magistrate has the power to order an inquiry.
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty.Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury).
Capital punishment in India is the highest legal penalty for crimes under the country's main substantive penal legislation, the Indian Penal Code, as well as other laws.. Executions are carried out by hanging as the primary method of execution per Section 354(5) of the Criminal Code of Procedure, 1973 is "Hanging by the neck until dead", and is imposed only in the 'rarest of ca
The Contempt of Courts Act 1971 categorises the offence of contempt into civil and criminal contempt. [12] The act specifies that high courts and the Supreme Court of India have the power to try and punish the offence of contempt, and high courts have the power to punish acts of contempt against courts subordinate to them; however, the Supreme Court of India has clarified that any court of ...
Under Section 18(5)a of Police and Criminal Evidence Act 1984, a constable can conduct a search immediately without an inspector's authorisation. This subsection allows a constable to search the home of a suspect(s) under arrest in their presence before they take the suspect to a police station (or other custody location).