Code of Criminal Procedure 48 articles
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...-
14 May, 2024
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Code of Criminal Procedure
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 the Crimin...-
14 May, 2024
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Code of Criminal Procedure
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 a case. Th...-
13 May, 2024
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Code of Criminal Procedure
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 and fair tri...-
13 May, 2024
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Code of Criminal Procedure
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". This is w...-
13 May, 2024
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Code of Criminal Procedure
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. This power al...-
13 May, 2024
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Code of Criminal Procedure
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 ...-
13 May, 2024
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Code of Criminal Procedure
DIFFRENCE BETWEEN REFERENCE AND REVISION
Characteristics Reference Revision Purpose To determine validity of Act, Ordinance, Reg...-
13 May, 2024
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Code of Criminal Procedure
DIFFERENCE BETWEEN APPELLATE AND REVISIONAL JURISDICTION
Characteristics Appellate Jurisdiction Revisional Jurisdiction Scope Limited to erro...-
13 May, 2024
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Code of Criminal Procedure
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...-
13 May, 2024
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Code of Criminal Procedure
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...-
13 May, 2024
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Code of Criminal Procedure
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/ ...-
13 May, 2024
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Code of Criminal Procedure
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...-
13 May, 2024
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Code of Criminal Procedure
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...-
13 May, 2024
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Code of Criminal Procedure
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...-
13 May, 2024
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Code of Criminal Procedure
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...-
13 May, 2024
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Code of Criminal Procedure
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: ...-
13 May, 2024
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Code of Criminal Procedure
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...-
13 May, 2024
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Code of Criminal Procedure