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. 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. Our legal system’s law of crime is mainly contained in the Code of Criminal Procedure, which provides the machinery for the detection of crime.
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Law and Justice Commission of Pakistan
The appellate court can take further evidence or order any other crrpc court or Magistrate to take the evidence. Local limits of jurisdiction. Bombay Act 23 ofSection 2 and Schedule.
Procedure for making objections. Such a confession would be inadmissible in evidence. The provision enjoins the Court to discharge the accused when there is no ground or proceeding with the case but the order must record reasons thereof. Bail serves the purpose of presumption of innocence. The legality of the petitioner’s detention cannot be considered to be illegal because he was kept in detention unders proper orders of remand as an under-trial prisoner-Pranb Chatterjee v.
When Civil litigation is pending, the Magistrate should choose Section as a choice between Section and Section O Procedure when the Appellant is in Jail: Interpretation of evidence to accused or his pleader.
In a case of dispute who is the legal representative of the deceased, need not be decided but all persons claiming to be such representatives will be made parties, after their impleading, proceedings are not to be reopened or restarted from the very beginning but are required to be continued from the stage at which deceased party died. Mobaswir Ali and Others-The prosecution having not taken any steps the learned Magistrate rightly acquitted the respondents under section 1 of the Code of Criminal Procedure.
The expression “Civil Court” used in Section includes Revenue Courts as well and the word “jurisdiction” used in the expression ‘Civil Courts of competent jurisdiction’ obviously means territorial jurisdiction.
It is open to be exercised arbitrarily. The first Criminal Code of was crpcc in which is known as 2nd Criminal Code. Special Executive and Judicial Magistrates. The person arrested shall crp be subjected to more restraint than is necessary to prevent his escape.
Officers temporarily succeeding to vacancies in office of District Magistrate: Case in which Judge or Magistrate is personally interested. Trial in the Magistrate Court Trial in the Magistrate court takes two forms, which are discussed in two different chapter of the CrPC, Order containing reason is not illegal.
He has to examine very carefully the 198 for depriving a citizen of his liberty, which can only be done if material justifying such action is available on record. Attachment not illegal, person making same not trespasser for defect or want of form in proceedings.
When a person granted bail in apprehension of arrest, this is called anticipatory bail.
Basic Concept of CrPC, , Partpdf | Rafsan jaman –
It is not expected to be exercised judicially. Aminul Huq-Public Prosecutor includes Asst. The above mentioned Section conferred sufficient powers to police officer, but such powers can be exercised only in those cases where a police officers is possessed of some evidence indicating involvement of a person under the four situations mentioned in Section 54 1 of Cr.
Acquittal order by Sessions Judge invalid when such order is passed on the ground of PWs absence on the date of trial.
In regular trial framing of the As to the framing of the In summary trial, in case charge is must, whether charge where no appeal lies where no appeal lies the appeal lies or not. Act 8 ofS. There is no power, expressly or impleadly conferred under this code on a Magistrate to call upon the police to submit a charge-sheet, when they have sent a report under Sectionthat there is no case made out for sending up an accused for trial-Abhinandan Jha v.
Where an arrest is made by police without a warrant from a Magistrate under Sectionit does not mean that the provisions of Section do not apply. Procedure when investigation cannot be completed in twenty-four hours: It cannot be laid down as a proposition of law that all confessions recorded either before or after Court hours are perse bad.
The power of directing the arrest under Section 54 9 is drastic; hence it has to be exercised on substantial reasons. Magistrates have to remember that a conviction on admission is not final.
Note Jurisdiction of the Magistrate. Section of Cr. In case where the accused has been acquitted, the Government or the complainant can file an appeal against such order of acquittal. On the other hand if the Magistrate finds 18898 accused guilty and convicts the accused, he is bound to pass some sentence.
The chapter has provided the right of appeal and other to which court the appeal shall lie and other necessary provisions as regard to appeal. Appeal Against Inadequacy of Sentence: Where first information report regarding an occurrence was based upon the particulars furnished by another person, direct evidence furnished by the eye-witnesses particularly when their names find mention in the first information report will be given credence.
After order under Sectionno proceeding under Section is maintainable.
Examination of Sections 54 & of the Code of Criminal Procedure – PKLJC 49
Security for good behaviour from vagrants and suspected persons: WB Act 8 ofS. Act XIX ofto be a sessions division and is to be deemed to be a district within the meaning of Section 7 of the Criminal Procedure Code and the Criminal Procedure Code is to have effect accordingly.
Any police officer making an investigation under this chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the circumstances of the case ; and such person shall attend as so required: When officer-in-charge of police station may require another to issue search-warrant.
As inserted by States.