The provisions contained in this Part relating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Code or by a justice of the peace, and, save in so far as the same may be inconsistent with any other law, the powers of a magistrate or court in relation to the issuing of a summons or warrant may be exercised by a justice of the peace. Whenever any doubt arises as to the court by which any offence should be inquired into or tried, any court entertaining such doubt may, in its discretion, report the circumstances to the Supreme Court, and the Supreme Court shall decide by which court the offence shall be inquired into or tried. If the accused person does not admit the truth of the charge, the court shall proceed to hear the witnesses for the prosecution and other evidence if any. A person may also be liable to the owner for court costs and reasonable attorney's fees. Provoking breach of peace by offensive publication.
Copy of information and notice to be served 251. A person who has been once tried by a court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal has not been reversed or set aside, not be liable to be tried again on the same facts for the same offence. Burglary: Housebreaking: and like Offences 410. In every case in which a commission is issued under sections 139 or 141 the proceedings may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. Appellant may not proceed both by case stated and by appeal 337. If no motion in arrest of judgment is made, or if the court decides against the accused person upon such motion, the court may sentence the accused person at any time during the session.
In the absence of such rules the forms in use at the commencement of this Code may continue to be used until other provision is made by such rules. Fraudulent disposition of mortgaged goods. Issue of commission for examination of witness 140. Cody entered the house to grab the beer and then Michael and Cody went at each other and started wrestling. State of Maharashtra, the Supreme Court held that a lecturer in a private college appointed by the University for a specified work of evaluating scripts is not covered in the definition of public servants under section 21 of the Code, but is covered under section 73 4 of Shivaji University Act, 1974. Acts intended to cause grievous harm or prevent arrest. Rescues: Obstructing Officers of Court 134.
A summons may be served at any place within Fiji. Directors and officers of corporations or companies fraudulently appropriating property or keeping fraudulent accounts, or falsifying books or accounts. Stealing by directors or officers of companies. Summary dismissal of appeal 313. Definition of firearms and offensive weapons. Accused entitled to copy of depositions 239. Contents of case stated 338.
This defence, which has its origins in the regulatory context, is a form of due diligence, which exonerates an accused who reasonably relies upon an erroneous legal opinion or relies upon incorrect advice from an official responsible for that particular area of law. Upon receiving a petition of appeal the magistrate shall forthwith forward the petition of appeal together with the record of the proceedings to the Chief Registrar of the Supreme Court. Table Showing Disposition of All Sections of Former Title 18 Title 18 Former Sections Title 18 New Sections 1, 2 2381 3 2382 4 2383 5 953 6 2384 7 2389 8 2390 9 2387 10 2385 11 2385, 2387 12 Rep. Amended by Act 18 of 1976 s. Time for proceeding in cases of treason, concealment of treason, or promoting inter communal war.
Proving Parties to an Offence Beyond a Reasonable Doubt: A Clear Application of Sections 21(1) and 21(2) of the Criminal Code
Injury causing death in consequence of subsequent treatment. Disposal of persons arrested by police officer 23. Whenever a resident or second class magistrate has information that there is within the limits of his jurisdiction any person who, within or without such limits, either orally or in writing or in any other manner, disseminates, or attempts to disseminate, or in any wise abets the dissemination of- a any seditious matter, that is to say, any matter the publication of which is punishable under section 66 of the ; or Cap. Arrest for breach of bond for appearance. Amended by 13 of 1969, s.
The language of Article 12 of the Constitution makes it clear that Government and Legislature are two separate entities. After hearing all of the evidence, Justice Feehan held that the following events occurred on April 24 th 2015. Suppression of riot by person acting under lawful orders. Persons before whom affidavits may be sworn 346. Such references were made, for instance, in sections 161 to 165-A of the Code with respect to taking gratification by them. Ignorance of age of girl, or consent, no defence. Disobedience to Act, Law, or Statute.
CrPC 21: Section 21 of the Criminal Procedure Code
The State Warehousing Corporation is not a statutory body as it was not created by statute. Gift to agent of receipt, etc. Whenever any preliminary investigation or trial is postponed the court may at any time resume the preliminary investigation or trial and require the accused to appear or be brought before such court, when, if the court considers him capable of making his defence, the preliminary investigation or trial shall proceed. Correction of child, servant, etc. Attempting to set fire to crops, etc.
