29 Aug Short Title and Commencement: (1) This Act may be called the Code of Criminal. Procedure, ; and it shall come into force on the first day. Short title. Commencement. 1.(1) This Act may be called the Code of Criminal Procedure, ; and it shall come into force on the first day of July, Extent. Preface Among the procedural law the Code of Criminal Procedure is very important. The Code was come into force in first July, The Code was enacted.
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Notes No time-lag between reception and recording of Information.
Appointment of Justices of the Peace. Statements made under Section were not evidence but were corroborative of what had been stated earlier in the Committal Court, State of Rajasthan v. Notes Where a trial with the aid of assessors was pending but was stayed for some reasons and during the period of stay the amending Act came into force and another Single Judge was posted who re-commenced the trial, the right of the accused to trial with the aid of assessors is not taken away by the amending Act.
State of Assam v. The enactment of sub-section 15 of SectionCr. The High Court should be loath to interfere with the exercise of discretion by the Magistrate in passing order under Section unless it be satisfied that the order of the Magistrate was improper or illegal.
ILR 9 Ass Code, before an order directing the accused to execute interim bond under Section 3 is passed, reading over of the order under Section and explaining its substance to the accused is a necessary condition precedent to the making of such an order. Procedure where jury finds Magistrate’s order to be reasonable: The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.
Person arrested not to be detained more than twenty-four hours: Acts 34 ofSections 3 and 8 ofSection 2 and Sch.
Code of Criminal Procedure Complete Act – Citation – Bare Act | LegalCrystal
Commencement of the periods. AIR No retrospective action. Provided that the District Magistrate or the Magistrate who has attachef Presumption as to the state of affairs. Distinction between confession and admission. Act 20 ofSection 17 and Sch.
Head Constable was the officer incharge of the station at that time. It is not the duty of the High Court to find for itself whether the publication contained any such matters whatsoever. A police-officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer-in-charge of a police station. Provisions of Sections 47, 48 and 49 to apply to arrests under Section No police-officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.
The amending Act shall not affect any trial before a Court of Session either by. Bombay Act 23 ofSection 2 and Schedule.
Code of Criminal Procedure (India) – Wikipedia
cgpc Notes Search of witness when found unreliable. Notes The special powers under Section 56 cannot override the general powers of a police officer of arrest without warrant in certain cases as provided in Section 54 of the Code.
AIR Ori For admissibility of statement of witnesses recorded during investigation see Sectionsupra. Code are not violative of Art. Note Application by prosecution for return of Muddamal liquor to police for being sent to Chemical Analysis cannot be granted. AIR PatIn every case under Sectionthe Magistrate is bound to summon both the parties and give them an opportunity to put in written statements on affidavits and such documents as they choose to file.
Code of Criminal Procedure (India)
Act 30 ofSection 4]. The mere 188 that this information was the first in point of time does not by itself clothe it with the character of First Information Report. Bombay Act 18 ofSection 7 and Schedule.
Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, croc with the permission of the Court, by the prosecution, to contradict such 18998 in the manner provided by S. Nishi Kant fha v. Every person is bound to assist a Magistrate or public officer reasonably demanding his aid, whether within or without the presidency-towns,.
AIR Tri 4.
The petitioners frpc out to defy the order under Sectionprohibiting any agitation as to Land Garb Movement. In a proceeding under Sectionthe Magistrate has not to enter into question of title or the right to possess, and he can invoke his jurisdiction only in existence of dispute likely to cause breach of the peace.