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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 ...
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
Arrest warrants for suspects can be issued by a justice of the peace under section 1 of the Magistrates' Courts Act 1980 if information (in writing) is laid before them that a person has committed or is suspected of having committed an offence. [4] Such arrest warrants can only be issued for someone over 18 if at least one of the following is ...
A warrant is generally an order that serves as a specific type of authorization, that is, a writ issued by a competent officer, usually a judge or magistrate, that permits an otherwise illegal act that would violate individual rights in order to enforce the law and aid in investigations; affording the person executing the writ protection from damages if the act is performed.
State of Bihar & Anr., [11] a two-judge bench of the Supreme Court reviewed the enforcement of section 41(1)(A) of CrPC which instructs state of following certain procedure before arrest. The bench observed that the Section 498A had become a powerful weapon for disgruntled wives, where innocent people were arrested without any evidence due to ...
The police may arrest a person according to a warrant issued by a Magistrate under sections 31, 72, 73 or 74 of the Magistrates Ordinance. For example, an arrest warrant may be issued if an accused person does not appear in Court when he is due to answer a charge. However, an arrest warrant is not always necessary.
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 ...
Section 24 of the Police and Criminal Evidence Act 1984, [1] as of 1 January 2006, provides that a constable may arrest, without a warrant, anyone who is about to commit or is currently committing an offence (or anyone the constable has reasonable grounds to believe to be about to commit or currently committing an offence). The constable is ...