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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 ...
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 ...
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 ...
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) Code of Criminal Procedure (Amendment) Act, 1991 (43 of 1991) Code of Criminal Procedure (Amendment) Act, 1993 (40 of 101,3) Criminal Law (Amendment) Act, 1993 (42 of ...
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 ...
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.
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 ...