Special Powers of High Courts and Sessions Courts Regarding Bail and Cancellation of Bail

Events
Section 439 of the Code of Criminal Procedure confers special powers on High Courts and Sessions Courts to direct –(a) That any person accused of any offence and in custody be released on bail; and(b) That any condition imposed by a Magistrate when releasing any person on bail be set aside or modified. ADVERTISEMENTS: However, in the case of a person who is accused of an offence,-(i) Which is triable exclusively by a Trial Court, or(ii) Which though not so triable, is punishable with life imprisonment, the High Court or the Sessions Court must, before granting bail, give notice of the bail-application to the Public Prosecutor, unless the Court is of the opinion, for reasons to be recorded by it, that it is not practicable to give such notice? Image…
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Legal Provisions Regarding Disposal of Property under Indian Criminal Laws

Government
Section 451 of the Code of Criminal Procedure provides that when any property is produced before a Criminal Court during any inquiry or trial, the Court may pass such orders as it thinks fit for the proper custody of such property pending such inquiry or trial. If the property is subject to speedy and natural decay, or if it is otherwise expedient to do so, the Court may order it to be sold or otherwise disposed of. Image Source: images2.alphacoders.comFor the above purpose, the term “property” includes— ADVERTISEMENTS: (a) Property of any kind, or any document which is produced before the Court, or which is in the Court’s custody;(b) Any property regarding which an offence appears to have been committed;(c) Any property which appears to have been used for the…
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Power of Criminal Court to Suspend or Remit Sentences under the Code of Criminal Procedure

Government
Section 432 of the Code of Criminal Procedure provides that if any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, unconditionally or on conditions which are acceptable to the person, suspend the execution of his sentence, and remit the whole or any part of the punishment to which he has been sentenced. Image Source: 2.bp.blogspot.com ADVERTISEMENTS: Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court where the conviction was passed or confirmed, to state his opinion as to whether such application should be granted or refused, together with his reasons for such opinion.If any condition on which a sentence has been suspended or…
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Essay on Juvenile Justice System in India (947 Words)

Juvenile Justice
Here is your Essay on Juvenile Justice System in India !Available statistics on juvenile delinquency in India reveal that the problem is not as tense as in the western world. “Ibis may be due to variations in living conditions such as greater family affiliation and parental control, stronghold of religious convictions and due regard for moral precepts in Indian society. This is not to suggest that the proportion of juvenile delinquency in India is negligible. image source: researchersclub.files.wordpress.com ADVERTISEMENTS: The impact of western civilization and temptation for luxuries and pompous life has greatly disturbed the modem Indian youth. Consequently, there has been a considerable growth in crimes committed by juveniles. India like any other country, also seeks to tackle the problem of juvenile delinquency on the .basis of three fundamental…
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Essay on Origin of Police System (345 Words)

Management
Here is your Essay on the Origin of Police System !The police are primarily concerned with the maintenance of law and order and security of person and property of individuals. Of late, police duties have increased enormously and are becoming more and more diversified. image source: shaktivahini.org ADVERTISEMENTS: The modern police must protect the public against physical dangers, rescue lives, regulate traffic and preserve law and order in the streets and public places. It also has a definite duty with regard to the prevention of juvenile delinquency and atrocities against women, children and weaker sections of the society.Any discussion on ‘police’ will remain incomplete without a word about the historical origin and evolution of this institution. Originally, the word ‘police’ was used in a wider sense to connote the management…
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Provisions to have an Independent, Impartial and Competent Judge to Conduct the Fair Trial

Law
The Code of Criminal Procedure contained the following provisions to have an independent, impartial and competent judge to conduct the fair trial:(1) In Indian judiciary system, judiciary in criminal matters has been separated from the Executive by appointing Judiciary Magistrates be appointed by the High Court and the criminal Courts are under the direct supervision and control of the High Court in each State. As the State is the prosecuting party in a criminal trial, the judiciary should be free from executive influence or control. Because of separation, no judge or judicial Magistrate would be in anyway administrative subordination to anyone connected with the prosecution. Image Source: nativeskatestore.co.uk ADVERTISEMENTS: (2) Trial of criminal offences is conducted in an open Court to which the public generally may have access as per…
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Essay on Parole Violation (355 Words)

Trade
Here is your essay on Parole Violation !The release of a prisoner on parole though meant for his own rehabilitation may not necessarily always be a success. At times, the parolee may deviate from the conditions on which he was released. This results into parole violation and he is liable to be returned to the prison or the institution from which he was parolled out. image source: newyorkcitylegalteam.com ADVERTISEMENTS: At first, a warrant of arrest is issued and served to the parole-violator and he is finally arrested and brought back to the prison or the institution by the parole authorities without the necessity of a fresh trial in his case. He is then given a ‘parole-violation hearing’ and offered every opportunity to defend his case in person or through a…
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Legal Provisions Regarding Anticipatory Bail in India

Fashion
Section 438 of the Code of Criminal procedure contains a new provision enabling superior Courts to direct the release of a person on bail prior to his arrest, which is commonly known as anticipatory bail. Image Source: cancersupportglv.orgThere was no express provision for anticipatory bail in the Old Code. The Law Commission, while recommending the introduction of this provision in the present Code, observed as follows: ADVERTISEMENTS: “Though there is a conflict of judicial opinion on the power of a Court to grant anticipatory bail, the majority view is that there is no such power under the existing provisions of the (Old) Code. The necessity for granting anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false cases, for the purpose of disgracing them or…
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Short Essay on Parole (488 Words)

Rehabilitation
Short Essay on Parole !Parole has emerged as one of the most acceptable form of correctional device in modem penology. It has been universally recognised as one of the most appropriate methods of treatment of offenders for their reformation and rehabilitation in the normal society after the final release. Besides, it considerably helps in reducing over-crowding in prisons. image source: aliforniacorrections.files.wordpress.com ADVERTISEMENTS: Commenting on need for liberalisation of parole policy K.F. Rustomji, a Member of the National Police Commission, in one of his tour-notes described the pathetic condition of Indian prison and observed that the personality of a man behind walls and bars disintegrates under the strain of waiting for a decision in his case, or an order on his premature release from jail.Over-crowding in prisons and increasing versality of…
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Different Kinds of Communication in an Organisation – Essay

Essays
Different Kinds of Communication in an organisation are as follows: Internal, external and Interpersonal: Communication can be classified in many ways. Communication in an organisation may be internal, external and interpersonal. Internal communication refers to the relations between the organisation and its employees. Image Source: images.flatworldknowledge.com ADVERTISEMENTS: The external communication refers to the relations of an organisation with the outside world and may be called public relations. Interpersonal communication refers to the relationship among the organisation employees. Upward and Crosswise: Communication has also been classified as downward, upward and crosswise. It has been classified according to its flow in various directions. Downward, communication flows from people at higher levels to those at lower levels in the organisational hierarchy.It is achieved through directives, manuals, written or verbal orders, instructions, explanations, etc.…
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