18Oct 2018 by Reese Bannister

Section 84 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

Essays
Legal Provisions of Section 84 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Claims and objections to attachment:The claims or objections as to the right in respect of property attached under Section 83 are decided as per the procedure detailed out in this present section. The Court ordering attachment of the absconder may enquire into the claims and objections and either allow or reject them. Image Source: ospreystrategicresearch.com ADVERTISEMENTS: The Court which seized the attached property should give fullest opportunity to the party affected to contest the proceedings and orders should not be passed in the absence of the party concerned.The section does not bar a party to institute a suit in a Civil Court within one year for his right in respect of attached property which has been disallowed by…
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18Oct 2018 by Reese Bannister

St. Augustine's Views on State, Property and Slavery – Essay

Military
St. Augustine had no doubt that powers are ordained of God and even a wicked and sinful ruler has a right to full obedience. Anyone who resists “duly constituted authority” resists “the ordinance of God.” So long as the rulers do not force their subjects into impetus and a conduct which violates spiritual injunctions and the will of God, they should be obeyed without reservation.Though on the whole St. Augustine, like all Christian thinkers of his time, believed in the doctrine of the Two Swords and the independence of the church and the state in their respective spheres, he was firmly of the view that heresy was a deadly sin and the state has a right to suppress it.The position of St. Augustine on religious toleration and freedom of conscience…
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18Oct 2018 by Reese Bannister

Section 197 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

Construction
Legal Provisions of Section 197 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Prosecution of Judges and public servants:The object of this section is to guard some important categories of public servants performing onerous and responsible functions against vexatious or mala fide proceedings. They include Judges, Magistrates, members of the Armed Forces, Public servants etc. who are not removable from office except by or with the sanction of the Government. Image Source: cdn.shareyouressays.com ADVERTISEMENTS: The privilege of immunity from prosecution without sanction extends to acts done or shown to be done by them in discharge of their official duty but at the same time, the rights of the citizens also need to be protected against capricious officials who may indulge into excesses in the garb of their official duty.Therefore, in order…
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18Oct 2018 by Reese Bannister

Section 190 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

Finance
Legal Provisions of Section 190 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Cognizance of offences by Magistrates:The term “taking cognizance” has not been defined in the Code but in general sense it means to take notice judicially. It is sine qua non for trial the Magistrate is said to have taken cognizance of an offence as soon as he applies his mind to the suspected commission of the offence with a view to decide whether to initiate judicial proceedings against the offender. Image Source: i.ytimg.com ADVERTISEMENTS: Thus taking cognizance does not require any formal action or indeed action of any kind, but as soon as a Magistrate applies his judicial mind to the suspected commission of an offence, he is said to have taken cognizance of that offence.Thus taking cognizance…
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18Oct 2018 by Reese Bannister

Section 192 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

Essays
Legal Provisions of Section 192 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Making over of cases to Magistrates:This section enables the Chief Judicial Magistrate to distribute the work among different Judicial Magistrates for the sake of administrative convenience. The Chief Judicial Magistrate has the power to transfer the case from his file to that of a competent Magistrate subordinate to him for inquiry or trial. In order to exercise power under this section, the following conditions must be fulfilled— Image Source: i.ytimg.com ADVERTISEMENTS: 1. The Chief Judicial Magistrate should first have taken cognizance of an offence before he makes an order of transfer of the case;2. The transfer of case should be made to Magistrate subordinate to him;3. The transfer of case should be for the purpose of inquiry or…
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18Oct 2018 by Reese Bannister

Section 193 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

Essays
Legal Provisions of Section 193 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Cognizance of offences by Courts of Session:The section bars the jurisdiction of a Court of Session to take cognizance of an offence as a Court of original jurisdiction for two obvious reasons:— Image Source: ourtownstories.co.uk ADVERTISEMENTS: 1. To prevent the time of the Court of Session being wasted over a case in which the charge is not supported by any evidence as would justify a conviction; and2. To secure to the person charged a preliminary inquiry which would afford him an opportunity of being acquainted with the circumstances of the offence imputed to him and enable him to prepare for defence.Where an offence is exclusively triable by a Court of Session, the Magistrate taking cognizance of such offence…
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18Oct 2018 by Reese Bannister

Section 177 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

Essays
Legal Provisions of Section 177 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Ordinary place of inquiry and trial:This section is meant for the facility of both, the prosecution and the defence who can conveniently attend trial if it is held in the Court of their locality. Image Source: media1.fdncms.com ADVERTISEMENTS: The provision of this section regarding the place of inquiry and trial is applicable to trials whether held under the Code or under any local or special laws. The words “ordinarily” used in the section clearly suggests that the provisions are not exclusive and there are certain other special provisions in the Code itself which provide for alternative venues for inquiry and trial for certain offences.The place of inquiry or trial of an offence is generally dependent as to where…
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18Oct 2018 by Reese Bannister

Section 95 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

Trade
Legal Provisions of Section 95 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Power to declare certain publications forfeited and to issue search-warrants for the same.—(1) Where— ADVERTISEMENTS: This section empowers the State Government to declare by notification, every copy of the newspaper, book or any document to be forfeited to the Government if it contains any matter the publication of which is punishable under the following provisions of the Indian Penal Code:— Image Source: acandyrose.com(1) Sedition (Section 124 A), or(2) Promoting enmity between classes (Section 153-A) or ADVERTISEMENTS: (3) Imputations, assertions prejudicial to national integration (Section 153-B), or(4) Sale etc. of obscene books (Section 292)(5) Sale etc. of obscene objects to young persons (Section 293); or(6) Maliciously insulting the religion or the religious beliefs of any class (Section 295-A) ADVERTISEMENTS:…
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18Oct 2018 by Reese Bannister

Section 174 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

Marriage
Legal Provisions of Section 174 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Police to enquire and report on suicide, etc.:The purpose of this section is merely to ascertain the cause of death hence the inquiry under this section should be confined to that purpose only and should not extend to tracing out the person who caused death. Image Source: masterchan.org ADVERTISEMENTS: Thus as rightly pointed out by the Supreme Court that the scope of proceedings under this section have a very limited scope that is, only to ascertain whether a person has died under suspicious circumstances or an unnatural death and if so, what may be apparent cause of his death. The questions as to who assaulted him and in what manner or under what circumstances etc. are outside the…
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18Oct 2018 by Reese Bannister

Section 173 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

Government
Legal Provisions of Section 173 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Report of police officer on completion of investigation:The Code of Criminal Procedure provides for certain reports which the investigating police officer is required to send from time to time. They are to be sent at three different stages of investigation. They are— Image Source: criminal-defense.usattorneys.com ADVERTISEMENTS: (1) A preliminary report when an officer-in-charge of the police station sends to the Magistrate under Section 157.(2) A report from the subordinate police officer to the officer-in-charge of the police station under Section 168, and(3) A final report of the police officer after the completion of investigation to be sent to the Magistrate under Section 173. This report is commonly called as ‘chargesheet’ or “challan”. ADVERTISEMENTS: The filing of final report…
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