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Criminal Procedure Code

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Bharatiya Nagarik Suraksha Sanhita, 2023

 Bharatiya Nagarik Suraksha Sanhita, 2023  (key provisions and changes vis-a-vis CrPC)   The Bharatiya Nagarik Suraksha Sanhita, 2023 (herei

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RESTRICTIONS ON SENIOR ADVOCATES

RESTRICTIONS ON SENIOR ADVOCATES INTRODUCTION The profession of advocacy has a long history, dating back to ancient Greece and Rome. In fact, Emperor Justinian compared lawyers to soldiers, reco

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Transfer of Criminal Cases (Section 406 – 412): Power of High Courts and Supreme Court

INTRODUCTION In the pursuit of justice, the cornerstone of any legal system lies in ensuring fair and impartial trials. However, there are occasions when the integrity of a trial may be called into

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Trial of Warrant Cases by Magistrate

INTRODUCTION: One of the fruitful things that is given by Britain to India, during her reign was the laws of the British legal system especially the concept of criminal justice system and its relat

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Trial of Warrant Cases by Magistrate

INTRODUCTION: One of the fruitful things that is given by Britain to India, during her reign was the laws of the British legal system especially the concept of criminal justice system and its relat

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Execution of sentences Provisions under Criminal Procedure Code

  INTRODUCTION Under the Indian Constitution, 1950, Article 72 and Article 161 empower the Governor and the President to grant pardon, suspend, remit or commute the sentence. Meanwhile in

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When Can a Court Quash a Case ? Understanding the Legal Framework(Inherent Power) [Section 482]

  INTRODUCTION Inherent powers refer to the permanent and inseparable attributes or qualities of a court, which enable it to take actions necessary to deliver full and complete justice in

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When Can a Court Quash a Case ? Understanding the Legal Framework(Inherent Power) [Section 482]

  INTRODUCTION Inherent powers refer to the permanent and inseparable attributes or qualities of a court, which enable it to take actions necessary to deliver full and complete justice in

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Irregular Proceedings: A Ground for Quashing a Criminal Case?

  INTRODUCTION The Code of Criminal Procedure (Cr.PC) is designed to facilitate the ends of justice, rather than frustrate them through technicalities. Its objective is to ensure a full an

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CRPC Reference: A Legal Remedy for Errors in Criminal Trials[SECTION 395-396]

  INTRODUCTION The Code of Criminal Procedure (CrPC) is a set of rules that guide how criminal cases are handled in India. One important part of the CrPC is called a "Reference".

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Tender of Pardon: How Accomplices Can Get a Second Chance (SECTION 307- 309)

  INTRODUCTION The power to grant pardon is a constitutional provision in many modern societies, including India, where it is enshrined in Articles 72 and 161 of the Indian Constitution. Thi

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Tender of Pardon: How Accomplices Can Get a Second Chance (SECTION 307- 309)

  INTRODUCTION The power to grant pardon is a constitutional provision in many modern societies, including India, where it is enshrined in Articles 72 and 161 of the Indian Constitution. Thi

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Revision under CRPC: A Guide to Challenging Criminal Judgments [SECTION 395-396]

  INTRODUCTION The revision procedure in the Code of Criminal Procedure (CrPC) is a review mechanism designed to ensure fairness and justice in cases where no appeal is provided by law or

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DIFFRENCE BETWEEN REFERENCE AND REVISION

  Characteristics   Reference Revision Purpose  To determine validity of Act, Ordinance, Reg

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DIFFERENCE BETWEEN APPELLATE AND REVISIONAL JURISDICTION

    Characteristics   Appellate Jurisdiction Revisional Jurisdiction Scope Limited to erro

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CRPC Sections 362-365: The Legal Framework for Judgement

Earlier we have discussed Judgment in Criminal Cases: Key Components and Writing Essentials Further , there are further guidelines provisions mentioned under section 362 to 365. COURT NOT T

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ORDER TO RELEASE ON PROBATION OF GOOD CONDUCT OR AFTER ADMONITION [SECTION 360]

Release on Probation [Section 360 ] Eligibility: Release on probation is applicable to: Persons above 21 years of age convicted with fine only or imprisonment for a term less than seve

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VICTIMS COMPENSATION SCHEME

Empowering Victims, Enabling Justice: Victim Compensation Scheme under Section 357A Section 357A of the Code of Criminal Procedure (CrPC) Victim Compensation Scheme is a a Beacon of Hope for Tho

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ORDER TO PAY COMPANSATION [SECTION 357]

ORDER TO PAY COMPANSATION [SECTION 357] Section 357 of the Code of Criminal Procedure (CrPC), which deals with the order to pay compensation. Here's a breakdown of the section: When a cou

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Judgment in Criminal Cases: Key Components and Writing Essentials

  INTRODUCTION A judgment in a criminal case represents the court's final decision on the accused's guilt or innocence. If guilt is established, the judgment must include a sentence

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PROCEDURE FOR DEALING WITH AN APPEAL OR POWER OF APPEALATE COURT [SECTION 381-394 ]

We have already discuss Kinds of Appeal and offences in Cases in which No Appeal Lies In this Part we will discuss Power of Appealate Court  PROCEDURE FOR DEALING WITH AN APPEAL/

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CRIMINAL APPEAL AND ITS KINDS UNDER CODE OF CRIMINAL PROCEDURE

INTRODUCTION In India, a criminal case is first tried in a trial court, either a Court of Magistrate or Court of Session, depending on the severity of the offense. The trial court then convicts or ac

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CRIMINAL APPEAL: PROVISIONS REGARDING CASES IN WHICH NO APPEAL LIES

INTRODUCTION In India, a criminal case is first tried in a trial court, either a Court of Magistrate or Court of Session, depending on the severity of the offense. The trial court then convicts or ac

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PROVISION AS TO ACCUSED PERSON OF UNSOUND MIND (SECTIONS 328-339)

  INTRODCUTION The intersection of mental health and criminal justice is a complex and sensitive issue. The Code of Criminal Procedure recognizes the importance of protecting individuals with

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PROVISIONS REGARDING EXPENSES OF COMPLAINANTS AND WITNESSES (SECTION 312)

  Section 312 of the Code of Criminal Procedure (Cr.PC) grants criminal courts the authority to order the government to pay reasonable expenses for complainants or witnesses attending court fo

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PROVISIONS REGARDING EXPENSES OF COMPLAINANTS AND WITNESSES (SECTION 312)

  Section 312 of the Code of Criminal Procedure (Cr.PC) grants criminal courts the authority to order the government to pay reasonable expenses for complainants or witnesses attending court fo

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PROVISIONS REGARDING EXPENSES OF COMPLAINANTS AND WITNESSES (SECTION 312)

  Section 312 of the Code of Criminal Procedure (Cr.PC) grants criminal courts the authority to order the government to pay reasonable expenses for complainants or witnesses attending court fo

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PROCEDURE WHEN MAGISTRATE CANNOT PASS SENTENCE SUFFICIENTLY SEVERE (SECTION 325)

As per Section 325 of the Code of Criminal Procedure (CrPC), which outlines the procedure for a Magistrate to forward a case to a higher court, specifically the Chief Judicial Magistrate (CJM), when:

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ORAL ARGUMENT AND MEMORANDUM OF ARGUMENTS (SECTION 314)

  INTRODUCTION Section 314 of the Criminal Procedure Code outlines the guidelines for oral arguments and written memorandums in legal proceedings. This section ensures that parties to a case

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PROCEDURE IN CASES WHERE MAGISTRATE CANNOT DISPOSES OF (SECTION 322)

According to section 322 :If a Magistrate presumes during an inquiry or trial that: He lacks jurisdiction The case should be tried by another Magistrate in the district The case should be tr

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WITHDRAWAL FROM PROSECUTION (SECTION 321)

  INTRODUCTION  SECTION 321 Says:  The Public Prosecutor (PP) or Assistant Public Prosecutor (APP) can withdraw prosecution with the court's permission, such withdrawal has

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LEGAL AID TO ACCUSED (SECTION 304)

INTRODUCTION The right to legal representation is a fundamental principle of justice, enshrined in the Indian Constitution and the Criminal Procedure Code. However, this right remains illusory for m

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LEGAL AID TO ACCUSED (SECTION 304)

INTRODUCTION The right to legal representation is a fundamental principle of justice, enshrined in the Indian Constitution and the Criminal Procedure Code. However, this right remains illusory for m

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Limitation for Taking Cognizance of Certain Offences

INTRODUCTION In criminal prosecutions, the general principle is reflected in the Latin maxim "nullum tempus occurrit regi," meaning lapse of time does not bar the right of the Crown. This

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Criminal Procedure: Provisions As To Accused Persons Of Unsound Mind

INTRODCUTION: The intersection of mental health and criminal justice is a complex and sensitive issue. The Code of Criminal Procedure recognizes the importance of protecting individuals with unsound

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Criminal Procedure: Provisions As To Accused Persons Of Unsound Mind

INTRODCUTION: The intersection of mental health and criminal justice is a complex and sensitive issue. The Code of Criminal Procedure recognizes the importance of protecting individuals with unsound

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FRAMING OF CHARGES: CONTENTS, EFFECT OF ERRORS, ALTERATION  AND EFFECT OF ALTERATION

  INTRODUCTION A fundamental principle of criminal jurisprudence is that the accused has the right to know the exact nature of the charges against them. This information is crucial for pre

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FRAMING OF CHARGES: CONTENTS, EFFECT OF ERRORS, ALTERATION  AND EFFECT OF ALTERATION

  INTRODUCTION A fundamental principle of criminal jurisprudence is that the accused has the right to know the exact nature of the charges against them. This information is crucial for pre

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