Category: Government

Legal provisions regarding offences committed outside India under section 188 of the Code of Criminal Procedure, 1973.According to Section 188 of the Code of Criminal Procedure, when an offence is committed outside India by a citizen of India, whether on the high seas or elsewhere, or by any person not being such citizen, on any ship or aircraft registered in India, he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found. Image Source: davidmathiraj.files.wordpress.com ADVERTISEMENTS: However, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.Section 188 of the Code provides for…

Section 436 of the Code of Criminal Procedure provides that when any person other than a person who is accused of a non-bailable offence, is arrested or detained without a warrant by an Officer-in-charge of a Police Station, or is brought before the Court, and is prepared to give bail, such person must be released on bail. Thus, in the case of bailable offences, the grant of bail is a matter of course. Image Source: upload.wikimedia.orgIf, however, such Officer or Court (as the case may be) thinks fit, he (or it) may, instead of taking bail from such a person, discharge him, on his executing a bond without sureties for his appearance before the Court. If such a person fails to comply with the conditions of the bail- bond, as…

Under the old Code (i.e. the 1898 Code), it was necessary to refer to the fourth column of the Second Schedule to ascertain whether a summons or a warrant should be issued in a particular case. The classification of offences in the Schedule was, however, not based on any general principle, and was not the same as between a summons- case and a warrant-case, because a warrant might have to be issued in a summons-case, and vice-versa. A simpler procedure was, therefore, considered desirable, so that a summons would issue in a summons- case, and a warrant in warrant-case, unless otherwise ordered by the Magistrate. Image Source: metrojournalist.comThis change has been incorporated in the present Code, and it is now provided by S. 204 that if, in the opinion of…

Legal provisions regarding the Extent and Application of the Code of Criminal Procedure, 1973 under section 1 of the Code of Criminal Procedure, 1973.As per Section 1 of the Code of Criminal Procedure, 1973, the Code extends to the whole of India except the State of Jammu and Kashmir. However, the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply:— Image Source: insightservices.files.wordpress.com ADVERTISEMENTS: (a) To the State of Nagaland;(b) To the Tribal areas,But the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modification as may be specified in the notification.According…

Section 164A of the Code of Criminal Procedure, which was inserted by the 2005 Amendment has made special provisions for medical examination of the victims of rape. Image Source: girlbodypride.comIt is provided that during the investigation of a rape or an attempt to commit rape, it is proposed to get the female victim examined by a medical expert, such examination should be conducted by a registered medical practitioner employed in a Government hospital or a local authority, and in the absence of such a practitioner, by any other registered medical practitioner. ADVERTISEMENTS: Such examination should be with the consent of the victim or of a person competent to give such consent on her behalf. It is also provided that she must be sent to the registered medical practitioner within twenty-four…

Legal provisions regarding withdrawal from prosecution under section 321 of the Code of Criminal Procedure, 1973.According to Section 321 of the Code of Criminal Procedure, the Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of anyone or more of the offences for which he is tried; and, upon such withdrawal; Image Source: media1.fdncms.com ADVERTISEMENTS: (a) If it is before a charge has been framed, the accused shall be discharged in respect of such offence or offences;(b) If it is made after a charge has been framed, or when under this Code no charge is required, he shall be acquitted in…

Whoever ostensibly procures a juvenile or the child for the purpose of any hazardous employment keeps him in bondage and withholds his earnings or uses such earning for his own purposes shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. Image Source: cdn-media-1.lifehack.orgComment: ADVERTISEMENTS: The exploitation of child employees in hotels, shops and as domestic servants is a common feature in India despite the fact that it is an offence. This section provides that whosoever procures a juvenile or a child for any hazardous employment or withholds his earnings or uses such earnings for his own purposes, shall be liable to punishment which may extend to three years and shall also be liable to fine.Notably, Article 24 of…

(1) The State Government may appoint inspection committees for the children’s homes (hereinafter referred to as the Inspection Committees) for the State, a district and city, as the case may be, for such period and for such purposes as may be prescribed. Image Source: lahomesbynadia.com(2) The Inspection Committee of a State, District or of a city shall consist of such number of representatives from the State Government, [***] Committee, voluntary organisations and such other medical experts and social workers as may be prescribed. ADVERTISEMENTS: This section provides that the State Government may appoint Inspection Committees for the periodical inspection of Children’s Homes. The Inspection Committee so constituted shall consist of representatives from different sections of society which includes the following:—(1) Representative of the State Government;(2) Representative of local authority, i.e.;…

The Central Government or State Government may monitor and evaluate the functioning of the children’s homes at such period and through such persons and institutions as may be specified by that Government. Image Source: immi-usa.comComment: ADVERTISEMENTS: Social auditing is relatively a new concept. Social Service institutions and organisations such as Children’s Home are subjected to social auditing by the Central or the State Government at regular intervals with a view to monitoring and evaluating the working of these Homes. It enables these Homes to remove its deficiencies and shortcomings and thus improve its functioning. The social auditing of Children’s Homes may be done by individual persons or institution as the Government may prescribe.

(1) If during the inquiry it is found that the child hails from the place outside the jurisdiction of the Committee, the Committee shall order the transfer of the child to the competent authority having jurisdiction over the place of residence of the child. Image Source: livesportsreviews.com(2) Such juvenile or the child shall be escorted by the staff of the home in which he is lodged originally. ADVERTISEMENTS: (3) The State Government may make rules to provide for the travelling allowance to be paid to the child.Comment: Where the Child Welfare Committee finds that the child brought before it hails from the place outside its (Committee’s) jurisdiction, it may order the transfer of that child to the competent authority having jurisdiction over the place where the child resides.During the transfer…