The special court may also record the statement of child through video conferencing or by utilizing the single visibility result or curtain or any other devices. The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily. Section 444 - A surety can apply to be discharged from the bond, in which case, the person for whom the surety is given will be arrested and asked to provide new surety. Any offence which includes cheating may, if the deception is practised by means of letters or telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction such letters or messages were sent or were received; and any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction the property was delivered by the person deceived or was received by the accused person. 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. When is it granted and when it may be refused? State of Delhi held that where the accused had made a request only for reduction of sentence, he cannot be permitted to challenge the validity of his conviction in the appellate Court. Cognizance of Offences by Court of Session: No court of session shall take cognizance of any offence as a court of original jurisdiction unless the case has been committed to it by a magistrate under S.
The Court may infer from this that the omission to set out the manner of the cheating is not material. Information as to non-cognizable cases and investigation of such cases. Enticing or taking away or 498 Ditto. Period of detention undergone by the accused to be set off against the sentence of imprisonment. Record in trial before Court of Session. Power to attach subject of dispute and to appoint receiver.
Punjab: In sub-section 1 of section 11, insert the following new sub-section. In case of remand by Executive Magistrate under sub-section 2A the reasons for authorising the detention of accused have to be recorded in writing. When the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties. The officer making the arrest, or the officer in charge of the police station, shall produce such arrested person before the nearest Judicial Magistrate, together with a report in writing stating the reasons for the continued detention of such person for a period longer than twenty-four hours. Notwithstanding anything contained in sub- section 1 , where a person has failed to comply with the conditions of the bail- bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section 446. The complainant is entitled to move a revision even if state does not.
Nothing in this section shall affect the right of the person against whom the offence is alleged to have been committed, to make a complaint in respect of that offence before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance of the offence upon such complaint. If there is no sufficient ground to proceed, the Court shall dismiss the complaint under Sec. However, a person can alway file for Special Leave Petition to High Court or Supreme Court against such decision. Section 200 says: A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate. Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint.
In a case where a previous conviction is charged under the provisions of sub- section 7 of section 211, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted the said accused under section 229 or section 235, take evidence in respect of the alleged previous conviction, and shall record a finding thereon: Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 229 or section 235. When a person is hiding from his place of residence so as to frustrate the execution of a warrant of arrest, he is said have absconded. If the Magistrate or Court considers the accused to be still in capable of making his defence, the Magistrate or Court shall act accordIng to the provisions of section 328 or section 329, as the case may be, and if the accused is, found to be of unsound mind and consequently incapable of, making his defence, shall deal with such accused in accordance with the provisions of section 330. Procedure when investigation cannot be completed in twenty four hours. Non-bailable offences include offences such as murder, threatening a person to give false evidence, and failure by a person released on bail or bond to appeal before court. The court must record its reasons to do so.
If the court before whom the witness gives evidence had the opportunity to form the opinion about the general tenor of evidence given by the witness, the appellate court which had not this benefit will have to attach due weight to the appreciation of evidence by the trial court and unless there are reasons weighty and formidable it would not be proper to reject the evidence on the ground of minor variations or infirmities in the matter of trivial details. When the examination of the witnesses if any for the defence is complete, the prosecutor shall sum up his case and the accused or his pleader shall be entitled to reply: Provided that where any point of law is raised by the accused or his pleader, the prosecution may, with the permission of the Judge, make his submissions with regard to such point of law. Because post-trial motions requesting trial courts to change their own judgments or order new jury trials are so seldom successful, the defendant who hopes to overturn a guilty verdict must usually appeal. Warrant may be directed to stay persona. The force consists of such number of officers and men and is constituted in such manner as the state govt.
If such person is detained under the provisions of sub- section 2 of section 330 and in the case of a person detained in a jail, the Inspector- General of Prisons, or, in the case of a person detained in a lunatic asylum, the visitors of such asylum or any two of them shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 332; and the certificate of such Inspector- General or visitors as aforesaid shall be receivable as evidence. Describe the organization of police, prosecutor, defense counsel and prison authorities and their functions, duties, and powers. The court may infer from this that A was misled, and that the error was material. When any person for whose appearance or arrest the officer presiding in any court is empowered to issue a summons or warrant, is present in such court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such court, or any other court to which the case may be transferred for trial. The documentation for the Police investigation shall include the following papers namely : a. But they can be put in evidence, if the persons who wrote them are called as witnesses to prove the facts contained in such reports.
But he must record his reasons in writing. Courts think it to be of the utmost importance that entries in a police case diary should be made with promptness, in sufficient detail, mentioning all significant facts in careful chronological order and with complete objectivity. It is, therefore, clear that unless the investigating Officer or the Court uses it either to refresh the memory or contradicting the investigating Officer as previous statement under Section 161 that too after drawing his attention thereto as is enjoined under Section 145 of the Evidence Act, the entries cannot be used by the accused as evidence. Diary of proceedings in investigation. Wider powers have been given to police officers in charge of a police station. It is clear from Section 438 1 that the power to grant anticipatory bail is given concurrently to Court of Session and High Court. Such investigation is only for helping the Magistrate to decide whether or not there is sufficient ground to proceed further.
A police officer or the court may also release a person from custody if he feels that there are any special reasons. Security for good behaviour from suspected persons. Sentence in cases of conviction of several offences at one trial. Rajasthan: In sub-section 1 of Section 11, the following new sub-section shall be inserted, namely. There is no question of giving him a hearing when final report of the police is considered. Power to direct security to be taken. The new Section 439 explicitly gives the power to High Court and Court of Session to direct that any person who has been released on bail be arrested and to commit him to custody.