Author: Reese Bannister

Section 313 of the Code of Criminal Procedure provides that in every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him,— Image Source: img35.imageshack.us(a) The Court may, at any stage without previously warning the accused, put such question to him as the Court considers necessary; ADVERTISEMENTS: (b) The Court shall, after the prosecution witnesses have been examined and before the accused is called upon to put up his defence, question him generally on the case.The use of the word “may” in clause (a) shows that a discretion is vested in the Court. However, clause (b) uses the word “shall”, and makes the questioning mandatory.When an accused is being examined as above, no oath is to be administered to…

Legal provisions regarding summary procedure for trial for giving false evidence under section 344 of the Code of Criminal Procedure, 1973.It is desirable to have some provisions whereby perjury of a flagrant and unchallengeable type could be effectively punished summarily without prejudicing a fair trial of the accused person. Image Source: pocketperspectives.files.wordpress.com ADVERTISEMENTS: Section 344 of the Code provides the following provisions of summary procedure for giving false evidence.(1) If, at the time of delivery of any judgment of final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first class express an opinion to the effect that any witness appearing in such proceeding had knowingly or willfully given false evidence or had fabricated false evidence with the intention that such evidence should be used…

Legal provisions regarding supply to the accused of copy of police report and other under section 207 of the Code of Criminal Procedure, 1973.Section 207 of the Code of Criminal Procedure provides that 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: Image Source: content.news14.com(i) The police report;(ii) The first information report recorded under Section 154;(iii) The statements recorded under Section 161(3) of the Code of all persons whom the prosecution proposes to examine as its witnesses, excluding there-from any part in regard to which a request for such exclusion has been made by the police officer under Section 173(6) of the Code;(iv) The confessions and statements,…

Section 215 of the Code of Criminal Procedure expounds a salutary rule to the effect that an error in stating either the offence or any other particular required to be stated in the charge, and no omission to state the offence or such particulars, can be regarded as material at any stage of the case, unless the accused was, in fact, misled by such error or omission, and if this has caused a failure of justice. Image Source: c2.staticflickr.com Illustration to S. 215: (a) A is charged under S. 242 of the Indian Penal Code 1860, with “having been in possession of counterfeit coin, having known, at the time when he became possessed thereof, that such coin was counterfeit,” the word “fraudulently” being omitted in the charge. ADVERTISEMENTS: Unless it…