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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After the Rebellion ofthe crown took over the administration in India.
Such Magistrate shall be called Special Judicial Magistrate and 11898 be appointed for such term as the State Government may in consultation with the High Court by general or special order, direct.
Adaptation Amendment Order,w. India except Jammu and Kashmir. Where the Magistrate totally disregards the procedure as amended, he commits an error. Notes Conditions of search. The Code of Criminal Procedure does not provide for the setting aside of an ex parte order, consequently every order whether passed ex parte or otherwise must be passed on merits and in the eyes of law an ex parte order would be at par with an order passed on merits, the only difference would be that on contest there would be evidence of both the parties.
L -In its application to the State of West Bengal, for Section 12, substitute the following, namely ” Section A After Section 18, insert the following section, namely: The order which can be passed under Section is one prohibiting interference with the exercise of the right claimed whereas an order under Section 6 is in the nature of a declaration in regard to the holding or of possession by a party until evicted therefrom in due course of law.
Whenever a person is arrested by a police-officer under a warrant which does hot provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or when the arrest is made by a private person, the police-officer to whom he makes over the person arrested, may search such person and place in safe custody all articles, other than necessary wearing apparel, found upon him.
Act 23 ofSection 2 and Schedule. For power of Magistrate to stop police investigation started under Section Additional powers conferrable on Magistrates. Such an action can be taken under Section even though the encroachment or nuisance had been in existance for a reasonably long time on the ground of genuine emergency.
Person arrested not to be detained more than 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. Under Section the Magistrate must take all evidence and come to a definite decision, that is, there can be no reference to the Civil Court by him.
Where confession made by the accused soon after his apprehension, was recorded after delay of 17 days which was unexplained it was deprecated.
Any statement made in the Crlc cannot be used in evidence except for the purpose of contradicting witness whose statement is contained in the Panchnama.
Provided that if the Court so mentioned is a Court specified in column 1 of the Table below, such offence shall be tried by the Court of the Judicial Magistrate specified against it in column 2 thereof; TABLE Name of the court specified in the law Court by which triable 1 2 1. The confession of the appellant was voluntary. AIR SC 1 When Civil litigation is pending, the Magistrate should choose Section as a choice between Section and Section I, item 39 and Act 31 ofSs.
Code of Criminal Procedure (India)
Provided that, before making an order rejecting any surety who has previously been accepted the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him.
Note Search of a female. There is no definition of the term ” bail ” under the code though the terms “bailable” and “non-bailable” have been defined. I, Item 22 and Act 31 ofSs. Act 30 ofSection 4]. Section narrows down the discretion of the Court to sentence an offender without taking into consideration the provisions of Section and similar provisions contained in the Probation of Offenders Act or any other law for treatment, training and rehabilitation of youthful offenders.
See the Bombay Police Act, 22 ofSection 96 l ii. B Crlc 8 of ]. I, Item 33 and Act 31 ofSections 29 and 88 ]. Right of intervenor tenants. At present, the Act contains Sections,  2 Schedules and 56 Forms.
Nature of local enquiry. A great deal of importance should not crlc attached to the promptness with which the first information was lodged. Condition for passing order. The amendment in Section 1 by the Bombay Act is extended to the newly adaed areas of Hyderabad, Kutch and Saurastra and the region of Vidarbha w.
The ambit of that power is very large and it is uncontrolled. Additional powers conferrable on Judicial and Executive Magistrates. The fact that outsiders attested the panchnama contrary to SectionCr. AIR All A Magistrate is competent to call and examine any person to decide question of possession even in absence of his affidavit.
Code of Criminal Procedure Complete Act – Citation – Bare Act | LegalCrystal
An Act to consolidate and amend the law relating to Criminal Procedure Whereas it is expedient to consolidate and amend the law relating to Criminal Procedure; It is hereby enacted as follows. Provided as follows Maximum term of punishment. Mere contravention of Section 1 does not justify vacating order. State Government”, substitute the words “a Sub-divisional Judicial Magistrate specially empowered by the State Government in consultation with the High Court” ; and ii for the words “exercise all or any other powers conferred thereby”, substitute the words “try such persons”.
Crlc the applicant, by neglect or otherwise, prevents the appointment of the jury, or if from any cause the jury appointed do not return their verdict within the time fixed 1988 within such further time as the Magistrate may in his discretion allow, the Magistrate may pass such order as he thinks fit, such order shall be executed in the manner provided by Section As per section 2 no sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this chapter AIR l Pat