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According to Section 15 of the CrPc, a judicial magistrate is under the general control of the Sessions Judge and is subordinate to the Chief Judicial Magistrate. [ 2 ] According to Section 29 of the CrPc., a Judicial Magistrate of First Class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten ...
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 ...
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
Cr.P.C. empowers the Executive Court to deal with petty offences, but the power does not imply that they hold judicial power. Section 3 of CrPC clearly splits matter to be handled by both magistrates. Section 20 of CrPC empowers the State Government to appoint Executive Magistrates (EM) in every metropolitan area and in every district.
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 ...
The court also asked the State Judicial Academy to spread awareness of the Arnesh Kumar Guidelines among the police officers and judicial magistrates. [3] In 2021 due to the overcrowding of prisons during the second wave of the COVID-19 pandemic in India, the Supreme Court said no arrests should be made in violation of the Arnesh Kumar ...
Romesh Thappar vs State of Madras [3] 1950 Ban on dissenting media under the Section 9 (1-A) of the Madras Maintenance of Public Order Act, 1949 struck down as unconstitutional. This in-turn led to formulation of the 1st amendment of the Constitution of India which clarified public order can form grounds for reasonable restrictions of free speech.
Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that "[t]he term legal proceedings includes proceedings brought by or at the instigation of a public authority, and an appeal against the decision of a court or tribunal". [1]