Category: Politics & Government

Section 451 of the Code of Criminal Procedure provides that when any property is produced before a Criminal Court during any inquiry or trial, the Court may pass such orders as it thinks fit for the proper custody of such property pending such inquiry or trial. If the property is subject to speedy and natural decay, or if it is otherwise expedient to do so, the Court may order it to be sold or otherwise disposed of. Image Source: images2.alphacoders.comFor the above purpose, the term “property” includes— ADVERTISEMENTS: (a) Property of any kind, or any document which is produced before the Court, or which is in the Court’s custody;(b) Any property regarding which an offence appears to have been committed;(c) Any property which appears to have been used for the…

Section 432 of the Code of Criminal Procedure provides that if any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, unconditionally or on conditions which are acceptable to the person, suspend the execution of his sentence, and remit the whole or any part of the punishment to which he has been sentenced. Image Source: 2.bp.blogspot.com ADVERTISEMENTS: Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court where the conviction was passed or confirmed, to state his opinion as to whether such application should be granted or refused, together with his reasons for such opinion.If any condition on which a sentence has been suspended or…

The 38 Most Important Silent Features of the Code of Criminal Procedure, 1973 are listed below:(1) The Code of Criminal Procedure, 1973 provides a uniform set of criminal courts throughout the country.(2) The judiciary has been separated from the executive. Judicial hierarchy is represented by the Chief Judicial Magistrate and First and Second Class Judicial Magistrates, District Magistrate and other subordinate magistrates continue to deal with problems relating to maintenance of law and order and the prevention of crime. All the important duties previously assigned to the District Magistrate under the old Code of 1898 have been entrusted to the Chief Judicial Magistrate. ADVERTISEMENTS: (3) All the Judicial Magistrates shall function under the control of the High Court. Their sentencing power has also been enhanced. The Court of Sessions would…

Difference between Centralization vs. Decentralization in organization are given below:A centralized administration is one wherein there are close relations of control and subordination between officials responsible to different levels of governments as federal-state, or state-local. In a decentralized state the administrative power may be distributed on the basis of two major rules. Image Source: 2012books.lardbucket.org ADVERTISEMENTS: Much administrative authority may be vested by law or by constitution in the local governing bodies of a governmental system, e.g. in the provinces within a country or in the local bodies within a province. In this case the administrative system is a decentralized one because the powers have been removed from the centre.Conversely much administrative power may be vested in the hands of the officials of the Central Government with a consequent culmination…

Legal provisions regarding Anticipatory bail under section 438 of the Code of Criminal Procedure, 1973.Section 438 of the Code of Criminal Procedure empowers the High Court and the Court of session to grant anticipatory bail, i.e., a direction to release a person on bail issued even before the person is arrested. Section 438 of the Code of Criminal Procedure provides that: Image Source: djs-bailbonds.net ADVERTISEMENTS: (1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Sessions for a direction under this Section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors,…

Legal provisions regarding appeal against order of acquittal under section 378 of the Code of Criminal Procedure, 1973.Section 378 of the Code of Criminal Procedure contains the following provisions relating appeal in case of acquittal:(1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5); Image Source: emsaac.org ADVERTISEMENTS: (a) The District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;(b) The State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court not being an order under clause (a) from an original or appellate order of acquittal passed by…

Motivation is one of the most important problems not only in administration, but in- every day life. Students are to be motivated for hard work; workers are to be motivated higher achievements; employees are to be motivated to achieve the aims and objectives of the Five Year Plans; unemployed educated people are to be motivated to set up their own industries; and so on. Image Source: motivateplay.comIt has been observed that the performance of the persons either as individuals or as members of a group is less as compared to their actual capacities.’ Finer has demonstrated that performance generally never exceeds more than fifty percent of individual’s capacity to perform. ADVERTISEMENTS: Thus to increase performance and to bring it near to the capacities of an individual, motivation is required. Mathematically,…

In the process of social change, the individual citizen is unable to grapple with a variety of problems he has to confront, social, economical, etc. He has no time, energy or resources to take individual initiative in participatory activities. Image Source: cancelaria.gov.mdNevertheless, democracy puts heavy-demands of increased participation of the public in administrative process of government. Therefore, institutional participation is the modern notion of public participation in public administration.However, due to the persistent conditions of scarcity in developing countries, their governments have to take initiative to attract, allure, plead and persuade the public for participation in public administration. ADVERTISEMENTS: The governments of the developing countries have to give a helping hand to organise the unorganised and unrepresented. The modern notion of participation visualised sharing of responsibilities of public administration by…

Participation effective in administration are given below:1. Public grievance committee may be established at all the levels of administration, starting from the Block head quarters and above. Image Source: i.ytimg.com2. Secretarial assistance to a minister may be strengthened so that each correspondence from the public is dealt within a proper way. The discretionary fund available with a minister may be utilized. ADVERTISEMENTS: 3. If a suggestion from an individual is accepted by the Government, his services should be acknowledged. If it results in financial gain to the government, a certain percentage of the total gain may be awarded to the person in lieu of his services. The facility may also be extended to the members of the government because they are in a better position to report about any waste,…