The task of taking direct cognizance (संज्ञान) of an offence is that of the Magistrate under Section 190. Where after taking cognizance, it appears to the Magistrate that the case is one which is exclusively triable by the Court of Session, then he commits the same to the Court of Session. It is only…
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Meaning of Summary trial: Summary— Shortened Trial— Formal examination of evidence by a judge A summary case is a case, which can be tried and disposed of at once. The summary procedure is not intended for a complicated case which merits a full and lengthy enquiry. Summary trial is a short cut to a…
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The Court has power to summon any person as witness or accused person at any stage of inquiry, trial or proceeding under the criminal procedure code. Power to summon is given under Section 311 and 313 of the Chapter 24 of the CrPC. Now, let us understand the meaning of these Sections alongwith important case…
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MEDICAL EXAMINATION UNDER CRIMINAL PROCEDURE CODE Section 53. Examination of accused at the request of police officer: Accused has committed such offence or committed under such circumstances that evidence can be collected as to the commission of an offence. Examination is conducted by Registered Medical Practitioner (Medical Practitioner as per Indian Medical Council Act,…
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WHAT IS COMPLAINT CASE? Definition of “Complaint” [Section 2(d) of Crpc] The term Complaint is defined under section 2(d) of Criminal Procedure Code, 1973. Section 2(d) defines complaint as “Any allegation which is made orally or in writing before Magistrate (any magistrate) that some person has committed an offence. Person can be known or…
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What is Anticipatory bail? Provision related to Anticipatory Bail is given under section 438 of criminal procedure code, 1973. Anticipatory bail is the direction or granting bail to the person apprehending arrest. (It simply means that person is perceiving that he will be arrested ) So when person apprehends arrest then he may apply…
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