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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
Trial Of Warrant-cases By Magistrates Cases Instituted On A Police Teport (261 to 266) Cases Instituted Otherwise Than On Police Report (267 to 270) Conclusion Of Trial (271 to 273) Chapter 21 Clause 271 to 282 Trial Of Summons-cases By Magistrates: Chapter 22 Clause 283 to 288 Summary Trials: Chapter 23 Clause 289 to 300 Plea Bargaining ...
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 ...
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 ...
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.
The court prohibited the police from making arrests on the mere basis of a complaint. The court asked the police to follow Section 41 of the Code of Criminal Procedure, 1973, which provides a 9-point checklist which must be used to decide the need for an arrest. The court also said that a magistrate must decide whether an arrested accused is ...
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]
Step 2 Inspection: On confirmation that an atrocity has taken place by the DSP or SDM (Rule 6), both the superintendent of police (SP) and the district magistrate must visit the spot and conduct an inspection to access the loss of life and property, and identify the victims and their dependents entitled to relief. (Rule 12(1)).