24Sep 2018 by admin

Release and absence of juvenile or child on placement (Section 59 of the Juvenile Justice)

Trade
Legal provisions regarding sentences which Magistrates may pass under Section 59 of the Juvenile Justice (Care and Protection of Children) Act, 2000.(1) When a juvenile or the child is kept in a children’s home or special home and on a report of a probation officer or social worker or of Government or a voluntary organization, as the case may be, the competent authority may consider, the release of such juvenile or the child permitting him to live with his parent or guardian or under the supervision of any authorized person named in the order, willing to receive and take charge of the juvenile or the child to educate and train him for some useful trade or calling or to look after him for rehabilitation. Image Source: adeca.alabama.gov ADVERTISEMENTS: (2) The…
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24Sep 2018 by admin

Release (Rule 17 of the Juvenile (Care and Protection and Children) Rules, 2001)

Management
Legal provisions regarding release as per as rule 17 of the Juvenile Justice (Care and Protection of Children) Rule 2007.(1) The Officer-in-Charge shall maintain a roster of the cases of juvenile or child to be released on the expiry of the period of stay as ordered by the Board.(2) Each case shall be placed before the Classification Committee for proper maintaining and with regard to cases in which the juvenile or child is kept for the maximum period, action may be initiated six months before they attain the age of eighteen years. ADVERTISEMENTS: (3) The release shall be as per the pre-release and post-release plan prepared under the individual care plan and reviewed from time to time by the Management Committee set up under Rule 55 of these rules and…
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24Sep 2018 by admin

Reference on question of constitutional validity (Section 395 of CrPc)

Law
Legal provisions regarding reference on question of constitutional validity under section 395 of the Code of Criminal Procedure, 1973.According to Section 395(1) of the Code of Criminal Procedure, where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefore, and refer the same for…
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24Sep 2018 by admin

Right to be examined by a medical practitioner at the request of the arrested person (Section 54 of CrPc)

Essays
Legal provisions regarding right to be examined by a medical practitioner at the request of the arrested person under section 54 of the Code of Criminal Procedure, 1973.Section 54 of the Code of Criminal Procedure provides:(1) When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do, direct the examination of the body of such person by a registered…
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24Sep 2018 by admin

Search by police officer making an investigation (Section 165 of CrPc)

Essays
Legal provisions regarding search by police officer making an investigation under section 165 of the Code of Criminal Procedure, 1973.(1) Whenever an officer in charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorized to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that cannot, in his opinion, be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specify in such writing, so far as possible, the thing for which search is to be made, search, or cause search…
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24Sep 2018 by admin

Right to be informed of the grounds for arrest (Section 50 of CrPc)

Law
Legal provisions regarding right to be informed of the grounds for arrest under section 50 of the Code of Criminal Procedure, 1973.Section 50(1) of the Code of Criminal Procedure provides that every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. ADVERTISEMENTS: The provisions of Section 50 of the Code are mandatory. Article 22 of the Constitution guarantees the fundamental right of protection against arrest and detention. The provisions of Section 50 of the Code are in conformity of Article 22(1) of the Constitution. A citizen’s arrest and detention will be illegal if he has not been communicated particulars of the offence.Timely information of the grounds of arrest…
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24Sep 2018 by admin

Sentence in cases of conviction of several offences at one trial (Section 31 of CrPc)

Essays
Legal provisions regarding Sentence in cases of conviction of several offences at one trial section 31 of the Code of Criminal Procedure, 1973.Section 31 of the Code of Criminal Procedure provides that:(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of Section 71 of the Indian Penal Code, 1860, sentence him for such offences, to the several punishments prescribed therefore which such court is competent to inflict, such punishments, when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently. Image Source: diannemalone.com ADVERTISEMENTS: (2) In the case of consecutive sentences, it shall not be necessary for…
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24Sep 2018 by admin

Sessions Judge's powers of revision (Section 399 of CrPc)

Essays
Legal provisions regarding sessions Judge’s powers of revision under section 399 of the Code of Criminal Procedure, 1973.(1) In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under Section 401(1) of the Code. Image Source: netdna5.mainstreetsettlement.com ADVERTISEMENTS: (2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of Section 401 shall, so far as may be, applied to such proceeding and references in the said sub-sections to the High Court shall be construed as references to the Sessions Judge.(3) Where any application for revision is made by or…
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24Sep 2018 by admin

Suspension of execution of sentence of imprisonment in default of payment of the fine (Section 424 of CrPc)

Essays
Legal provisions regarding suspension of execution of sentence of imprisonment in default of payment of the fine under section 424 of the Code of Criminal Procedure, 1973.According to Section 424 of the Code of Criminal Procedure, when an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may; ADVERTISEMENTS: (a) Order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three installments, or which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval…
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24Sep 2018 by admin

Tender of pardon to accomplice (Section 306 of CrPc)

Criminal Law
Legal provisions regarding tender of pardon to accomplice under section 309 of the Code of Criminal Procedure, 1973.(1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this Section applies, the Chief Judicial Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned whether as principle…
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