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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. Code of Criminal Procedure, 1973 , in its basic form, is the main legislation on procedure for administration of criminal law in India .
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 ...
The offence of contempt of courts was established in common law, and can also be traced to colonial legislation, with the earliest recorded penalties contained in the Regulating Act of 1773, which stated that the newly formed Mayor's Court of Calcutta would have the same powers as a court of the English King's Bench to punish persons for contempt. [2]
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.
In November 2021, while hearing a petition from a Hyderabad resident, Telangana High Court granted the petitioner, liberty to start legal proceedings against the police officials if the procedure for arrest under Section 41A CrPC and Arnesh Kumar Guidelines are violated. [2]
A Sessions Court or even known as the Court of Sessions Judge is a court of law which exists in several Commonwealth countries. A Court of Session is the highest criminal court in a district and the court of first instance for trying serious offences, i.e., those carrying punishment of imprisonment of more than seven years, life imprisonment, or death.