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Code of Criminal Procedure

48 articles

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

  • 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

  • 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

  • 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

  • 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

  • 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

  • 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

  • Code of Criminal Procedure

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...

  • 13 May, 2024

  • 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

  • Code of Criminal Procedure

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 ...

  • 13 May, 2024

  • Code of Criminal Procedure

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...

  • 13 May, 2024

  • Code of Criminal Procedure

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 ...

  • 13 May, 2024

  • Code of Criminal Procedure

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 ...

  • 13 May, 2024

  • Code of Criminal Procedure

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...

  • 08 May, 2024

  • Code of Criminal Procedure

Attendance and Interrogation of witnesses (Section 160-163)

INTRODUCTION: For effective investigation the police need to obtain information from persons acquainted with the facts and circumstances relevant to the commission of the offence.   &nbs...

  • 01 Dec, 2023

  • Code of Criminal Procedure

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