Category: Politics & Government

Legal provisions regarding attachment of property of person absconding, under section 83 of the Code of Criminal Procedure, 1973.(1) The Court issuing a proclamation under Section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person. However, where at the time of the issue of the proclamation the Court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued: Image Source: vault.starproperty.my.s3.amazonaws.com ADVERTISEMENTS: (a) Is about to dispose of the whole or any part of his property; or(b) Is about to remove the whole or any part of his property from the local jurisdiction of the Court,…

According to Section 25 of the Code of Criminal Procedure:(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.(1-A) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates. Image Source: i.ytimg.com ADVERTISEMENTS: (2) Save as otherwise provided in sub-section (3), no police officer shall be eligible to be appointed as Assistant Public Prosecutor.(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case. However, a police officer shall not be so appointed—(a) If he has taken…

After independence, neither the structure of administrative system nor its processes were conducive to the new socio-political order i.e., democratic polity and society. What Sardar Patel, basically an “integrationist”, did not visualize was that the Indian Administrative System cannot retain its old haggard “organisation” with change in complexion of polity. Image Source: upload.wikimedia.orgWhat Patel did was to retain the services without changing” methods and procedures” of recruitment and training of Indian Civil Services. ADVERTISEMENTS: What Sardar Patel did was to integrate all the I.C.S. into Indian Civil Services so that the “administrative machines” could move on without a halt, jolt or break, because at the crucial juncture, perhaps, it was the most suitable alternative system emanated from this “process of integration”. The mistake was best choice indeed but it should…

National development is the major task with emphasis on nation-building and socio­economic progress in the Third world. Chi Yuen Wu very aptly remarks: “No item now on the agenda of the world should be assigned a higher priority than development. Image Source: manyakrobo.comPermanent peace would be impossible until the problem of underdevelopment and mal-development is solved. Human happiness, hunger and starvation, population explosion, energy crisis, deterioration of the human environment, extension of our frontier space and deep sea exploration, etc. are all parts of the problem of development or modernization in a broad sense”. ADVERTISEMENTS: Once development is recognized as the centre of politics, the functions of government grow not only in size, magnitude and importance but also in complexity because many undertakings and issues relating to development can only…

Relevancy of facts forming part of same transaction:Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. Image Source: searchhighway.ca ADVERTISEMENTS: Illustrations:(a) A is accused of the murder of  by beating him. Whatever was said or done by A or  or the by-standers at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact.(b) A is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked, and goals are broken open. The occurrence of these…

Things said or done by conspirator in reference to common design:Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. Image Source: lastapostle.files.wordpress.com ADVERTISEMENTS: Illustration: Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the Government of India.The…

Confession by accused while in custody of police not to be proved against him:No confession made by any person whilst he is in the custody of a police officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person. Image Source: subrenovationis.files.wordpress.com ADVERTISEMENTS: Explanation:In this section “Magistrate” does not include the head of a village discharging magisterial functions in the Presidency of Fort St. George or elsewhere, unless such headman is a Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure, 1882 (10 of 1882).Comments: Principle: Section 26 is the extension of the principle laid down in Section 25. While Section 25 applies to all confessions made to some police officers, this section includes confession made to “any…

Legal provisions regarding courts of Metropolitan Magistrates under section 16 of the Code of Criminal Procedure, 1973.Section 16 of the Code of Criminal Procedure, 1973 provides that in every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify. The presiding officers of such Courts shall be appointed by the High Court. The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area. Image Source: c1.staticflickr.com ADVERTISEMENTS: As per Section 17 of the Code, the High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.The High Court may appoint any…

Presumption as to certified copies of foreign judicial records:The Court may presume that any document purporting to be a certified copy of any judicial record of any country not forming part of India or of Her Majesty’s dominions is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records. Image Source: newsinmind.com ADVERTISEMENTS: An officer who, with respect to any territory or place not forming part of India or Her Majesty’s dominions, is a Political Agent therefore, as defined in Section 3, clause (43), of the General Clauses Act, 1897 (10 of 1897), shall,…