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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
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 ...
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.
Courts of Judicial Magistrate of Second Class are at the lowest hierarchy of the Criminal Court structure in India. [1] According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of Second Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a ...
Conditions Requisite For Initiation Of Proceedings Chapter 16 Clauses 223 to 226 Complaints To Magistrates Chapter 17 Clauses 227 to 233 Commencement Of Proceedings Before Magistrates Chapter 18 Clauses 234 to 247 The Charge Form Of Charges (234 to 240) Joinder of charges (241 to 247) Chapter 19 Clauses 248 to 260 Trial Before A Court Of Session
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.
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 ...
Criminal procedure is the adjudication process of the criminal law.While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant.