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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
The act also specifically exempts fair and accurate reporting on judicial proceedings, and fair criticism of the judiciary. [22] In 2006, the Contempt of Courts Act 1971 was amended to allow truth as a defense to contempt, provided that the person claiming this defence was acting in public interest.
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 ...
Code of Criminal Procedure (Amendment) Act, 1978 (45 of 1978) Code of Criminal Procedure (Amendment) Act, 1980 (63 of 1980) Criminal Law (Amendment) Act, 1983 (43 of 1983) 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)
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.
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]
Court cases proceed as per rules described in CrPC (Code of Criminal Procedure) and CPC (Code of Civil Procedure). CrPC and CPC have been criticised for being archaic. Though amendments were made to CPC in 1999 and 2002, which fixed 30-90 days time limit for different rules in the CPC, and allowed maximum three adjournments.
The Act was passed by the Rajiv Gandhi government, with its absolute majority, to nullify the decision in the Shah Bano case, [1] [2] [3] and diluted the secular judgement of the Supreme Court. It is administered by any magistrate of the first class exercising jurisdiction under the Code of Criminal Procedure, 1973.