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Code of Criminal Procedure 48 articles

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

Process to compel the Production of Things

Introduction For there to be justice delivered, it is important that proper procedure is followed. And it is important that the procedure followed should be fair and reasonable so that there is...

  • 28 Nov, 2023

  • Code of Criminal Procedure

DIFFERENCE BETWEEN ACQUITTAL AND DISCHARGE

INTRODUCTION Discharge can be done before the charges are framed whereas Acquittal can be done only when the trial concludes. SESSION TRIAL:  DISCHARGE: As per Section 227, if, upon c...

  • 28 Nov, 2023

  • Code of Criminal Procedure

Acquittal based on benefit of doubt and Honorable Acquittal

Introduction: The Supreme Court has held that a public employer can reject a candidate as unsuitable if he had, in the past, been acquitted of a serious crime merely on the benefit of doubt. STA...

  • 28 Nov, 2023

  • Code of Criminal Procedure

DIFFERENCE BETWEEN PAROLE AND PROBATION

INTRODUCTION The term probation and parole are the two substitutes to the imprisonment, where the behavior of the wrongdoer is administered according to the law. Parole means “permission f...

  • 28 Nov, 2023

  • Code of Criminal Procedure

Difference between FIR and Complaint

INTRODUCTION When a FIR is lodged, a policer officer starts with investigating the matter. Whereas, when complaint is filed no investigation is done by the police officer until directed by the comp...

  • 28 Nov, 2023

  • Code of Criminal Procedure

CONCEPT OF PROTEST PETITION UNDER CrPC

INTRODUCTION Protest Petition is no where defined in the Criminal Procedure Code but is a very important aspect as the criminal law practice is concerned. It is filed when the  victim or compl...

  • 28 Nov, 2023

  • Code of Criminal Procedure

Difference between Investigation and Inquiry in CrPC

Investigation Inquiry Its object is to collect evidence for the purpose of prosecution. Its object is to determine the truth or falsity of certain facts, so that furthe...

  • 28 Nov, 2023

  • Code of Criminal Procedure

Difference between Inquiry and Trial

The distinction between Investigation and Inquiry Inquiry Trial In Inquiry if the judicial process is completed it will not result in acquittal/conviction. I...

  • 28 Nov, 2023

  • Code of Criminal Procedure

Difference Between Investigation , Inquiry and Trial

Investigation Inquiry Trial Investigation is conducted by Police or by any other person authorized by law but not by Magistrate. ...

  • 28 Nov, 2023

  • Code of Criminal Procedure

Stages in the prosecution of an offence:

Prosecution of an offence is usually a three-step process. Investigation Inquiry Trial Investigation [According to Sec-2(h) ] Investigation includes all the proceedings under CrPC 19...

  • 28 Nov, 2023

  • Code of Criminal Procedure

Compoundable and Non Compoundable offences

Compoundable and Non-Compoundable offences Compoundable: Sec-320 of CrPC contains the table of offences which are declared to be compoundable. In certain offences, the State and the accused can...

  • 28 Nov, 2023

  • Code of Criminal Procedure

Maintenance under Section 125 of Code of Criminal Code

Maintenance under Section 125 of Code of Criminal Code INTRODUCTION Section 125 of CRPC lays down a Secular law for the maintenance of Wife , Child or Parents. This section helps giving mon...

  • 28 Nov, 2023

  • Code of Criminal Procedure

Process to compel the Production of Things

Introduction For there to be justice delivered, it is important that proper procedure is followed. And it is important that the procedure followed should be fair and reasonable so that there is no ...

  • 27 Nov, 2023

  • Code of Criminal Procedure

PROCLAMATION AND ATTACHMENT (Section 82- 86) under CrPC

Introduction The Indian criminal justice system relied on the principles of natural justice. If any of the principles are denied, the whole proceeding is vitiated. Opportunity of being heard is a c...

  • 19 Nov, 2023

  • Code of Criminal Procedure

Warrant of Arrest under CrPC

Introduction Warrant is a document issued by court authorizing the police or another body to make an arrest, search premises, or carry out some other action relating to the administration of justic...

  • 19 Nov, 2023

  • Code of Criminal Procedure

Process to compel Appearance through Summon under CrPC

Introduction To meet the ends of justice, it is critical to produce the accused and other witness or related parties before the court whenever needed. If the accused is found guilty at the concl...

  • 19 Nov, 2023

  • Code of Criminal Procedure

Summon and Warrant Case in Criminal Procedure Code

Difference Between summon and warrant case ...

  • 09 Sep, 2023

  • Code of Criminal Procedure

Cognizable and Non-Cognizable Offence under CrPC

...

  • 03 Sep, 2023

  • Code of Criminal Procedure

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