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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
Indian Legal system has been on that has gone through a lot of changes through time. This is due to political as well as social situation and standing of the country. Code of Criminal Procedure, 1973 , in its basic form, is the main legislation on procedure for administration of criminal law in India .
Consolidating and simplifying the law: The BNSS consolidates and simplifies the law by repealing and amending a number of provisions of the CrPC. [ 14 ] Strengthening the rights of the accused : The BNSS strengthens the rights of the accused by providing for safeguards, such as the right to a lawyer of choice during interrogation, though not ...
Chief Judicial Magistrate's Court or Court of Chief Judicial Magistrate (abbreviated as CJM Court) is the second tier court in the criminal court structure in India.Court of Chief Judicial Magistrate is the apex body of the Criminal Judiciary at the district level, and it is presided over by the Chief Judicial Magistrate. [1]
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. Stanislaus v. State of Madhya Pradesh ...
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 ...