24Sep 2018 by admin

Suspension of sentence pending the appeal; release of appellant on bail (Section 389 of CrPc)

Essays
Legal provisions regarding suspension of sentence pending the appeal; release of appellant on bail under section 389 of the Code of Criminal Procedure, 1973.(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond.Provided that the Appellant Court shall, before releasing on bail or on his own bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such…
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24Sep 2018 by admin

Legal Provisions Regarding Conditional Suspension of Punishment

Law
The system of probation involves conditional suspension of punishment.An offender may be released on probation either after the sentence is passed in his case or without passing of a sentence. The probation is a status of a convicted offender during the period of suspension of his sentence in which he is given liberty conditioned on good behaviour and the State helps him in such an instance of good behaviour.Thus, the suspension of sentence may refer either to the suspension of sentence if the offender is released after the sentence or the suspension of imposition of sentence if he is released without passing a sentence depending on the discretion of the Court. ADVERTISEMENTS: The offender may be released on probation after the suspension of his sentence on the following conditions:(i) His…
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24Sep 2018 by admin

Variation of conditions of probation (Section 8 of Probation of Offenders Act)

Essays
Legal provisions regarding variation of conditions of probation pass under Section 8 of Probation of Offenders Act, 1958.(1) If, on the application of a Probation Officer, any Court which passes an order under Section 4 in respect of any offender is of opinion that in the interests of the offender and public it is expedient or necessary to vary the conditions of any bond entered into by the offender, it may, at any time during the period when the bond is effective, vary the bond by extending of diminishing the duration thereof; so, however, that it shall not exceed three years from the date of the original order or by altering the conditions thereof by inserting additional conditions therein. However, no such variation shall be made without giving the offender…
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24Sep 2018 by admin

Urgency caused of nuisance or apprehended danger (Section 144 of CrPc)

Government
Legal provisions regarding Urgency caused of nuisance or apprehended danger under section 144 of the Code of Criminal Procedure, 1973.(1) In cases where, in the opinion of a District Magistrate, a sub-divisional Magistrate, or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under Section 144 and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by Section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his magistrate, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance…
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24Sep 2018 by admin

Use of armed forces to disperse assembly (Section 130 of CrPc)

Military
Legal provisions regarding Use of armed forces to disperse assembly under section 130 of the Code of Criminal Procedure, 1973.Section 130 of the Code of Criminal Procedure provides that: ADVERTISEMENTS: (1) If any such assembly cannot be otherwise, dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces.(2) Such Magistrate may require any officer in command of any group of persons belonging to the armed forces to disperse the assembly with the help of the armed forces under his command, and to arrest and confine such persons forming part of it as the Magistrate may direct, or as it may be necessary to arrest and…
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24Sep 2018 by admin

Trial of person not complying with conditions of pardon (Section 308 of CrPc)

Essays
Legal provisions regarding trial of person not complying with conditions of pardon under section 308 of the Code of Criminal Procedure, 1973.(1) When, in regard to a person who has accepted a tender of pardon made under Section 306 or Section 307, the public prosecutor certifies that in his opinion such person has, either by willfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered, or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence. However, such person shall not be tried jointly with any…
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24Sep 2018 by admin

What are the Conditional for the releases of parolee?

Rehabilitation
The purpose of parole is not leniency towards a prisoner but to seek his rehabilitation in future life. In parole the offender is given liberty conditioned on good behaviour, moral responsibility and the social defence. He shall be returned back to prison institution if the interest of public security so demanded. They should readily adjust themselves to the conditions of normal society.They should show respect for law and justice. The conditional release of offenders on parole should be inconsistent with the State Parole Rules (for example, Andhra Pradesh Parole Rules, 1981) and the State Prison Rules (for example, Andhra Pradesh Prison Rules, 1979). ADVERTISEMENTS: If the parolee derogates from the conditions on which he was released, it results into parole violation and he is liable to be returned to the…
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24Sep 2018 by admin

Short Essay on Probation

Law
Probation is a non-institutional therapeutic measure to reform offenders. The term ‘probation’ is derived from the Latin word ‘probare’ which means ‘to rest’ or ‘to prove’? Prof. Taft defines ‘probation’ as the postponement of final judgment or sentence in a criminal case, giving the offender an opportunity to improve his conduct and to readjust himself to the community, often on condition imposed by the Court and under the guidance or supervision of an officer of the Court. Homer S. Cunnings observes, “Probation is a matter of discipline and treatment.Probation is intended to rehabilitate the offenders. The object of probation is mainly to keep the delinquent away from the evil consequence of incarceration and offer him an opportunity to lead socially useful life without violating the law.” Image Source: i.ytimg.com ADVERTISEMENTS:…
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24Sep 2018 by admin

What are the evidentiary values of statements made to the police?

Government
The word ‘statement’ means narration addressed to a police officer regarding an offence by some other person. It includes both oral and written statements. Signs and gestures also amount to statements. A statement not only includes what is expressly stated therein but also what is necessarily implied therein.Statement does not include the record of a search made by the police or matter incorporated on blank papers signed by a person when signature taken on blank paper for the purpose of comparison. A statement made to a third person in the presence of a police officer is not a statement to a police officer. Image Source: plane-truth.com ADVERTISEMENTS: As per the Code of Criminal Procedure, the statements made to the police are of three categories. They are:(i) A statement which has…
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24Sep 2018 by admin

Procedures for Investigation after the Recording of F.I.R.?

Government
The investigation begins when every information relating to the commission of cognizable offence, if given orally or in writing or reduced to writing and entered in a book kept at police station.The investigation of cognizable offence also begins, if, from information received or otherwise, when a police officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under Section 156 of the Code of Criminal Procedure to investigate. Image Source: cdn.abclocal.go.com ADVERTISEMENTS: Here, the expression ‘reason to suspect the commission of an offence’ would mean the sagacity of rationally inferring the commission of a cognizable offence based on the specific articulate facts mentioned in the F.I.R. and any attending circumstances which may not amount to proof. Power of police to…
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