Category: Essays

Legal Provisions of Section 269 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Officer-in-charge of prison to abstain from carrying out order in certain contingencies:The section provides a guideline for the officer-in-charge of the prison and lays down as to when he should or should not abstain from carrying out the order of the Court passed under Section 267 of the Code. An officer-in-charge of the prison may with the consent of the concerned Court, carry out the order under Section 267 of the Code issued by the subsequent Court. ADVERTISEMENTS: The Allahabad High Court has expressed a view that mere fact that committal proceedings are pending in respect of same accused at same Court at another place does not debar the jurisdiction of the Magistrate at a subsequent place of…

Legal Provisions of Section 280 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Remarks respecting demeanour of witness: ADVERTISEMENTS: The demeanour of a witness affects the evidentiary value of the deposition made by a witness and his credibility. Under this section the Judge or the Magistrate is authorised to record not only the evidence of a witness but also such remarks as he thinks material regarding the demeanour of such witness while under examination.The Allahabad High Court has held that any observation about the demeanour of a witness in the course of judgment though not illegal is not fair. It is imperative that any noting about the demeanour of witness should be known to the counsel of the parties so that they may make suggestions about the inferences drawn by the…

Legal Provisions of Section 237 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Procedure in cases instituted under Section 199 (2):The trial of cases mentioned in this section shall be in accordance with the procedure laid down in Sections 244-247, i.e. trial of warrant cases instituted otherwise than on a police report before a Court of Magistrate. The provisions of this section are designed in the public interest. ADVERTISEMENTS: The trial in such cases may be held in camera if either party so desires or the Court thinks it proper. If the case results in the discharge or acquittal of the accused, he may be granted compensation provided the Court is of the opinion that there existed no reasonable cause of making the defamatory accusation or the complaint was false or…

Legal Provisions of Section 216 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Court may alter charge:The section seeks to remedy the defects in the framing or non-framing of a charge at the initial stage or at any subsequent stage of trial prior to the pronouncement of judgment. The section invests sufficient power to the Courts to alter or amend a charge whether by trial Court or by the appellate Court provided the accused is not prejudiced by such alteration or change. ADVERTISEMENTS: Alteration of charge under Section 165 A of IPC to one under Sections 161/109, IPC in respect of abetment was held not to an illegality and it could be permitted under Section 216 of the Code.Commenting on the provisions contained in Section 216 of the Code the Supreme…

Legal Provisions of Section 209 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Commitment of case to Court of Session when offence is triable exclusively by it:In cases where the offence is triable exclusively by Court of Session, the Committing Magistrate has no power to discharge the accused under Section 203, nor has the power to take oral evidence except where specific provisions like Section 306 so enjoins. He is also not to launch on a process of satisfying whether the facts and material make out a prima facie case or not. ADVERTISEMENTS: His power under this section is limited merely to ascertain whether the case, as disclosed by the police report, appears to constitute an offence which is exclusively available by a Court of Session and if so, he has…

Legal Provisions of Section 171 of Indian Penal Code, 1860.Wearing garb or carrying token used by public servant with fraudulent intent:This section penalises one who wears garb or carries token used by a public servant with fraudulent intent. It says that whoever, wears any garb or carries any token which has resemblance with any garb or token used by that class of public servants, even though he does not belong to that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with simple or rigorous imprisonment for a term extending up to three months, or with fine extending up to two hundred rupees, or…

Legal Provisions of Section 200 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Examination of complainant:The provisions of this section apply to cases when the Magistrates take cognizance of an offence on complaint under Section 190 (i) (a) of the Code. The object of examination of complainant under this section is three-fold, namely (1) to ascertain the facts constituting the offence or elucidate doubtful points therein (2) to ensure that innocent persons are not subjected to annoyance or police custody on frivolous charges, and (3) to make sure that there are substantial grounds calling for investigation and trial of the alleged charges. ADVERTISEMENTS: The Magistrate should take the cognizance of the offence first and thereafter proceed to examine the complainant and his witnesses on oath. It is only after this stage…

Legal Provisions of Section 142 of Indian Penal Code, 1860.Being member of unlawful assembly: ADVERTISEMENTS: The section states as to who can be said to be a member of an unlawful assembly. It says that whoever intentionally joins an unlawful assembly or continues in it, being aware of facts which render such assembly an unlawful assembly, is said to be a member of an unlawful assembly. Intentional joining or continuing is necessary and that too when the offender knows that because of certain facts the assembly has become an unlawful assembly.The word “continues” means that member remains physically present as a member of such assembly. An assembly may initially have been harmless, but once it turns unlawful because of the presence of common object as enumerated under any clause of…

To understand the conception of coparce­nary it is necessary to note the distinction between ancestral and separate property. The property inherited by a Hindu from his father’s father and father’s is ancestral property. Property inherited by other relations is his separate property. The essential feature of ancestral property is that if that person inherit­ing it has sons, grandsons or great grandsons, they become joint owners with him. They become entitled to it by reason of their birth. Father, son, son’s and son’s son together constitute coparcenary, because they have common ownership in the ances­tral property. The conception of a joint Hindu family constituting a copar­cenary is that of a common male ancestor with his lineal descen­dants in the male line four degrees counting from and inclusive of such ancestor. No…

Legal Provisions of Section 97 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Search for persons wrongfully confined:Application of Section 97 is limited to persons who are wrongfully confined. Where a person is confined under such circumstances that the confinement amounts to an offence of wrongful confinement (Section 340, I.P.C.), a search warrant may be issued by District Magistrate, Sub-divisional Magistrate or a Magistrate of the first class for the person so confined. Therefore, the warrant issued under this section is in the nature of a writ of habeas corpus for rescue of a wrongfully confined person by the police under an order of the Magistrate. ADVERTISEMENTS: Before issuing a warrant under this section, the Magistrate has to satisfy himself that a person has been wrongfully detained. However, this section does…