2. Especially the Criminal Justice system and the legislations.
senior officer of police or the Superintendent of Police or the Commissioner of
3. 2. ______7. him, but he abused the Complainant. Where the accused wants to plead guilty without appearing in the court, the accused is supposed to send Rs.1000/- by post or through a messenger (pleader) to the Magistrate.The Magistrate can on his discretion convict the accused.If the Magistrate does not convict the accused under Section 252 or Section 253, the Magistrate shall proceed to hear the prosecution and take all evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.The Magistrate may, on the application of the prosecution, issue summons to any witness directing him to attend or produce evidence.The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of trial be deposited in court.If the Magistrate after considering evidence finds the accused not guilty, he shall record an order of acquittal.A Magistrate may convict the accused of any offence (amenable to the trial in a summons case) which from the facts admitted or proved the accused appears to have committed.If the Magistrate, while discharging or acquitting the accused, thinks that there was no reasonable ground for making accusation against the accused person, he may call upon the person making such accusation to show cause as to why he should not pay compensation to the accused person after which the Magistrate may, for reasons to be recorded, make an order fixing the compensation to be paid by such person to the accused.Section 259 of the CrPC provides that if in the course of the trial of a summons case relating to an offence punishable with imprisonment exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for trial of warrant cases, he may proceed to re-hear the case in the manner provided by the Code for the trial of warrant cases and may even recall any witness who may have been examined.The words “re-hear the case” indicate that the Magistrate should commence the proceedings from the very start or Important Definitions under the Code. Answer: The offence of cheating under Section 420 IPC is a cognizable offence.
Section 252 provides plea of guilty in general and section 253 provides plea of guilty in case of the petty cases. The term “summons cases” has been defined, in a negative sense, under Section 2(w) of the CrPC as “a case relating to an offence, not being a warrant case”. Plz enlighten readers. The magistrate on the application of the prosecution, serve summon to any witness to attend and to produce any document or thing.
The term “summons cases” has been defined, in a negative sense, under Section 2(w) of the CrPC as “a case relating to an offence, not being a warrant case”. “Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under the Code of Criminal Procedure that some person, whether known or unknown, has committed an offence, but it does not include a police report.
Our mission is to provide an online platform to help students to discuss anything and everything about Essay. This website includes study notes, research papers, essays, articles and other allied information submitted by visitors like YOU.Before publishing your Essay on this site, please read the following pages:Share Your Essays.com is the home of thousands of essays published by experts like you! Dowload format with list … (3) Any Magistrate empowered under section 190 may order such an
The Criminal Procedure Code of 1973 is, as is clearly indicated by its title, a comprehensive enactment laying down the law relating to criminal procedure. territorial jurisdiction under Section 154(3), the informant can approach any
The only best thing that is gifted to us by the Britishers is the “Law and Legal System”.
being burled by the accused. ... Procedure in cases instituted under section 199(2).
Magistrate under section 192: Provided further that if the Magistrate makes over the case to another
The accused then gave complaint 3 blows on
Section 200 to 203 of the Code of Criminal Procedure lays down the procedure regulating complaints made by private persons. As a result, the
The trial procedure provided for summons cases is devoid of much formality and technicality as in warrant cases since the former is relatively less serious in nature.
No_____ dated _________ and FIR No __________ dated has been filed by Mr.
Section 238. But it is worth mentioning that the code is not a pure adjective law of procedure; there are some provisions in it which take the nature of substantive law.For instance, chapters VIII, X and XI which deals with ‘The term “summons cases” has been defined, in a negative sense, under Section 2(w) of the CrPC as “The two definitions, thus, lead to the conclusion that the basis of classification between summons case and warrant cases is the seriousness of the offence.
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