Illustration sub-section 1 a A rescues B a person in lawful custody, and in so doing causes grievous hurt to C, a constable, in whose custody B was, A may be charged with, and convicted of, offences under sections 225 and 333 of the Indian Penal Code 45 of 1860. Claims and objections to attachment. Illustrations a A is accused of the theft of a certain article at a certain time and place the charge need not set out the manner in which the theft was effected b A is accused of cheating B at a given time and place. Where the High Court has, on appeal reversed an order of acquittal and sentenced him to death and imprisonment for a term of ten years or more, the accused may appeal to the Supreme Court. Attachment of property of person absconding. Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.
Judgements and orders arising from petty cases are not appealable unless the sentences are combined with other sentences. The 1861 code continued after independence and was amended in 1969. When a Magistrate takes cognizance of an offence under clause c of sub-section I of section 190, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall ba transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf. Magistrate or Magistrate of the first class or Judicial Magistrate of the First Class. Security for good behaviour from persons disseminating seditious matters. Every letter of request, summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf.
Identifying unlawfully acquired property 1 The Court shall, under sub-section 1 , or on receipt of a letter of request under sub-section 3 of section 105C, direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property. In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a Judgment containing a brief statement of the reasons for the finding. Maharashtra: After section 197, the following section shall be inserted namely. If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion convict him thereon. Seizure or attachment of property 1 Where any officer conducting an inquiry or investigation under section 105D has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.
Notification of substance of warrant. The judgment delivered by the Court under section 265G shall be final and no appeal except the special leave petition under Article 136 and writ petition under articles 226 and 227 of the Constitution shall lie in any Court against such judgment. For non-cognizable cases the police officer may arrest only after being duly authorized by a warrant. Security for unexpired period of bond. The following sub-section shall be submitted.
I hope this helps you. Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station. Upon receipt of the commission, the Chief Metropolitan Magistrate of Chief Judicial Magistrate, or such Metropolitan or Judicial Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant cases under this Code. Haryana: After sub-section 1 of Section 11, the following sub-section shall be inserted. The charge must set out the manner obstructed B in the discharge of his functions.
Trial of offences under the Indian Penal Code and other laws. Warrant directed to police officer for execution outside jurisdiction. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the case comes within sub-section 3 of this section. Act 16 of 1976, sec. The charge must set out the disobedience charge and the law infringed. Diary of proceeding in investigation.
Examination of accused by medical practitioner at the request of police officer. Power to issue summons or warrant for offence committed beyond local jurisdiction. Language of record and judgment. Rajasthan: In sub-section 1 of Section 11, the following new sub-section shall be inserted, namely. After the , the took over the administration in India.
No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate. Power to dispense with personal attendance. When the proceedings have been instituted upon complaint and any day fixed for the hearing of the case, the complainant is absent and the offence lawfullly cmpounded or is not a cognizable offence, the Magistrate may in his discretion, notwithstanding anything herein before contained, at any time before the time has been framed, discharge the accused. In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following. Kerala: In section 11, after sub-section 1 , the following sub-section shall be inserted, namely. In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely.
Service when persons summoned cannot be found. In order to save time of the Court, section 291A has been inserted with a view to make memorandum of identification prepared by the Magistrates admissible in evidence without formal proof of facts stated therein with a provision that the Court may, if it thinks fit, on the application of the prosecution or the accused, summon or examine the Magistrate as to the subject-matter contained in the memorandum of identification. A may be separately charged with, and convicted of, offences under sections 498 and 497of the Indian Penal Code 45 of 1860. Short title, extent and commencement 1 This Act may be called the Code of Criminal Procedure, 1973. Prosecution of offences under section 498A of the Indian Penal Code. A may subsequently be charged with, and tried for, dacoity on the same facts. Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other principal officer of the corporation, or by letter sent by registered post, addressed to the chief officer of the corporation in India, in which case the service shall be deemed, to have been effected when the letter would arrive in ordinary course of post.
Inquiry as to truth of information. Whenever a charge is altered or added to by the court after the commencement of the trial, the prosecutor and the accused shall be allowed- a To recall or re-summon, and examine with reference to such alteration or additiona, any witness who may have been examined, uniess the court, for reasons to be recorded in writing, considers thal the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends ofjustice; b Also to call any further witness whom the court may think to be material. Aid to person other than police officer, executing warrant When a warrant is directed to a person other than a police officer, any person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant. Provisions of this Chapter generally applicable to summons and warrants of arrest. Warrant may be directed to stay persona.