Category: Essays

Distinction between ‘Relevant Fact’ and ‘Fact in Issue’ are as follows:Facts in issue are the matters which are in dispute or which form the subject of decision in the suit. They are facts out of which some legal right, liability, or disability, involved in the inquiry, necessarily arises and upon which a decision must be arrived at. They are matters affirmed by one party and denied by the other. Image Source: image.superstreetonline.com ADVERTISEMENTS: Thus, if A is accused of the murder of B, the facts in issue will be that A caused B’s death, that he intended to cause B’s death, and so on. Relevant facts, on the other hand, are facts so connected with each other as to prove or disprove the facts in issue. Relevant facts are not…

Legal provisions regarding framing of charge under section 228 of the Code of Criminal Procedure, 1973.According to Section 228(1) of the Code of Criminal Procedure, after considering the record of the case and after hearing the parties, if the Court considers that there is ground for presuming that the accused has committed an offence which; Image Source: cdn.playbuzz.com ADVERTISEMENTS: (a) Is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit,…

Legal provisions regarding magistrates authorized to conduct summary trials under section 260 of the Code of Criminal Procedure, 1973.According to Section 260(1) of the Code, notwithstanding anything contained in the Code of Criminal Procedure: Image Source: law2.byu.edu ADVERTISEMENTS: a) Any Chief Judicial Magistrate;(b) Any Metropolitan Magistrate;(c) Any Magistrate of the first class specially empowered in this behalf by the High Court, may try in a summary way any of the offences specified as (i) to (ix) in Section 260(1) of the Code (given below).Further, as per Section 261 of the Code, the High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine, or with imprisonment for a term not exceeding…

Legal provisions regarding order for disposal of property at conclusion of trial under section 29 of the Code of Criminal Procedure, 1973.Order for disposal of property at conclusion of trial:As per Section 452 of the Code of Criminal Procedure: Image Source: vault.starproperty.my.s3.amazonaws.com ADVERTISEMENTS: (1) When an inquiry or trial in any criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, by destruction, confiscation, or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.(2) An order may be made under sub-section (1) for the delivery of…

A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.A fact is said to be disproved when, after considering the matters before it, the Court believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist. Image Source: image.superstreetonline.comA fact is said not to be proved when it is neither proved nor disproved. ADVERTISEMENTS: “Proved”:The English author, Cunn, gives the analogy of a merchant who receives information that the rate…

Legal provisions regarding Security for keeping the peace on conviction under section 106 of the Code of Criminal Procedure, 1973.According to Section 106 of the Code of Criminal Procedure, when a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences such as: Image Source: churchofchristarticles.com ADVERTISEMENTS: (a) Any offence punishable under Chapter VIII of the Indian Penal Code, 1860, other than an offence punishable under Section 153-A or Section 153-B or Section 154 thereof;(b) Any offence which consists of, or includes, assault or using criminal force or committing mischief;(c) Any offence of criminal intimidation;(d) Any other offence which caused or was intended or known to be likely to cause, a breach of the peace, ADVERTISEMENTS: or of abetting any…

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…