Category: 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…

Legal provisions regarding appeals to superior Courts from convictions (the multiple ranges of appellate remedies) under section 374 of the Code of Criminal Procedure, 1973.Subject to restrictions imposed in Sections 372, 375 and 376 of the Code, as per Section 374 of the Code, any person convicted of an offence may appeal in accordance with the provisions provided in the Code and the Constitution of India. Further, according to Section 380 of the Code, notwithstanding anything contained in the Code relating to appeals, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal. Image Source: churchofchristarticles.com ADVERTISEMENTS: (i)…

Legal provisions regarding discharge of the accused under section 227of the Code of Criminal Procedure, 1973.Section 227 of the Code of Criminal Procedure provides that if, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the judge considers that there is no sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing. Discharge can be ordered only after considering averment in charge-sheet and the relevant case-law.For the purpose of determining whether there is sufficient ground for proceeding against an accused, the Court possesses a comparatively wider discretion to determine the question whether the material on record, if unrebutted is such on which a…

Legal provisions regarding Commencement of Proceedings before Magistrate under section 204 of the Code of Criminal Procedure, 1973.(1) If the opinion of a Magistrate taking cognizance of an offence, there is sufficient ground for proceedings, and the case appears to be:— Image Source: cdn2.slidemodel.com ADVERTISEMENTS: (a) A summons-case, he shall issue his summons for the attendance of the accused; or(b) A warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.Even in a summons case he may issue a warrant after recording his special reasons for doing so under Section 87. As per Section 204(5) of the Code,…

When facts not otherwise relevant become relevant:Facts not otherwise relevant are relevant— Image Source: http://image.superstreetonline.com ADVERTISEMENTS: (1) If they are inconsistent with any fact in issue or relevant fact;(2) If by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.Illustrations: (a) The question is, whether A committed a crime at Calcutta on a certain day. ADVERTISEMENTS: The fact that, on that day, A was at Lahore is relevant.The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant.(b) The question is, whether A committed a crime.The circumstance…

Confession to police officer not to be proved:No confession made to a police officer, shall be proved as against a person accused of any offence. Image Source: resources.phrasemix.com ADVERTISEMENTS: Comments: Scope: Section 25 lays down that a confession made by a person to the police officer is inadmissible and cannot be proved. The basic object of this section and Section 26 is to prevent practices of torture by the police officers for the purpose of extracting confessions from the accused persons. Although both sections seek to achieve same purpose they operate in different fields. It is well known that the police officer to secure confession uses short cut methods even by putting the arrested person into third degree so that the arrested person confesses. “The principle upon which the rejection…