Category: Law

Inquiry: “Inquiry” according to the Code includes every inquiry other than a trial conducted under this Code, by a Magistrate or court. It relates to proceedings of Magistrates prior to trial. [Section 2 (g)]Section 159 of the Code empowers a Magistrate on receipt of a police report under Section 157, Cr.P.C. to hold a preliminary inquiry in order to ascertain whether an offence has been committed and, if so, whether any persons should be put upon their trial.In cases triable by the court of sessions and commitment proceedings take place before a Magistrate, which are in the nature of an inquiry preparatory to sending the accused to take his trial before the Court of Session. Image Source: rampages.us ADVERTISEMENTS: The Magistrate in such cases is bound either to discharge the…

“Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under the Code of Criminal Procedure that some person, whether known or unknown, has committed an offence, but it does not include a police report. [Section 2 (d)] ADVERTISEMENTS: To constitute a complaint there must be an allegation made with a view to the recipient taking action under the Code, charging some person with a particular offence. A mere presentation of petition to a Magistrate to enable him to take administrative action is not a complaint within the terms of the definition.It must be presented to him with a view to his taking action under the Criminal Procedure Code. A complaint need not necessarily be made by the person aggrieved but…

Aristotle after his study of 158 constitutions comes out with a detailed analysis of causes of revolution and ways to prevent them.Perhaps, his concept of Revolution is most potent testimony of his scientific rigor and empirical enquiry. 1. What is Revolution? Aristotle, in Part V of ‘Polities’, offers two-fold meaning of revolution. ADVERTISEMENTS: Firstly, A revolution means any major or minor change in the constitution.Secondly, A revolution is also said to have occurred if ruling power has been transferred, even if the constitution remains the same. Image Source: rikowski.files.wordpress.com 2. Causes of Revolution: Aristotle attempts a detailed analysis of the causes of revolution which can be broadly classified as ADVERTISEMENTS: 1. General causes2. Revolutions in a particular kind of stateGeneral causes of revolution include the desire of the people to…

Section 26 of the Code of Criminal Procedures provides that offences under the Indian Penal Code can be tried by the High Court, or the Court of Session, or any other Court prescribed by the First Schedule of the Code for such offence. image source: gaylaxymag.comThe various sentences which the different Courts are empowered to pass under the Criminal Procedure Code may be summarised as follows:Name of CourtSentences which it may pass 1. High Court2. Sessions Judge or Additional Sessions Judge ADVERTISEMENTS: 3. Assistant Sessions Judge4. Chief Judicial Magistrate or Chief Metropolitan Magistrate5. First Class Magistrate or Metropolitan Magistrate ADVERTISEMENTS: 6. Second Class Magistrate1. Any sentence authorised by law.2. Any sentence authorised by law. However, a sentence of death is subject to confirmation by the High Court.3. Any sentence authorised…

Legal Provisions of Section 167 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Procedure when investigation cannot be completed in twenty-four hours:This section lays down the procedure to be adopted when the investigation against accused person cannot be completed within 24 hours of his arrest and there are grounds for believing that the accusations against him are well founded. Image Source: excelcool.com ADVERTISEMENTS: The provisions of this section are attracted under the following conditions—1. When the accused is arrested without warrant and is detained by a police officer in his custody;2. It appears that more than 24 hours will be needed for his investigation; ADVERTISEMENTS: 3. There are grounds to believe that tne accusation or information against him is well founded.4. The officer-in-charge of the police station or the investigating officer…

The heart of vertebrates is a chambered structure, the walls of which are composed of cardiac muscles or myocardium, held to­gether by standards of connective tissue. The inner and outer surfaces of the heart are covered by layers of epithelial cells called endocardium and epicardium respectively. Image Source: philschatz.comThe entire heart is surrounded by a transparent covering called pericardium. The muscles of molluscan heart and of cephalopods and gastropods are of striated type. ADVERTISEMENTS: The ampuilary hearts are composed of spongy tissue of feebly striated endothelial cells.The heart muscles of all animals exhibit some important phy­siological activities which are summarized as follows: 1. Excitability and contractility: The heart muscles contract and expand rhythmically throughout life. These are effected by heat, chemicals, mechanical and chemical stimuli but while contracting there is…

Legal Provisions of Section 203 of Indian Penal Code, 1860.Giving an offence committed:This offence punishes giving false information respecting an offence committed. The section states that whoever, having knowledge that an offence has been committed, or having reason to believe that an offence has been committed, gives any information respecting that offence, which he knows to be false, or which he believes to be false, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both. ADVERTISEMENTS: There is an explanation attached to this section according to which the word ‘offence’ used is sections 201, 202 and 203 of the Code includes any act committed at any place out of India, which if committed in India, would be punishable…

Legal Provisions of Section 171E of Indian Penal Code, 1860.Punishment for bribery:This section prescribes punishment for the offence of bribery defined under section 171-B. The punishment prescribed is simple or rigorous imprisonment for a term extending up to one year, or fine, or both. The proviso clause under this section states that bribery by treating shall be punished with fine only, while the explanation given under this section says that ‘treating’ means that form of bribery where the gratification consists in food, drink, entertainment, or provision. The section, therefore, recognises that it is not always necessary that the gratification has to be pecuniary. Bribery by treating has been dealt with leniently. image source: islamichorizon.co.za ADVERTISEMENTS: In Court on its Own Motion v. Union of India, the Punjab and Haryana High…

Legal Provisions of Section 172 of Indian Penal Code, 1860.Absconding to avoid service of summons or other proceed­ing:This section prescribes punishment for absconding to avoid service of summons, notice or order proceeding from any public servant. It says that whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant who is competent under law to issue such summons, notice or order as such public servant, shall be punished with simple imprisonment for a term extending up to one month, or with fine extending up to rupees five hundred, or with both, or, if the summons or notice or order is to personally attend or attend by an agent, or to produce any document or an electronic record in a court of…

Practically every Constitution has some formal method of constitutional amendment. This method consists in changing the language of the constitutional provisions so as to adopt them to the changed context of the social needs. In some countries, the process may be easier than in others, and accordingly, the Constitutions are sometimes classified into flexible or rigid. In a rigid Constitution, the process of amending the Constitution is more elaborate and difficult than the enactment of ordinary laws. Image Source: peo.gov.au ADVERTISEMENTS: In a flexible Constitution, the amendment may be affected rather easily. The best example of such a Constitution is the English Constitution, which may be amended by passing an ordinary Act of Parliament and there is no distinction between ordinary legislation and constituent legislation. A federal Constitution is usually…