Category: Politics & Government

Legal provisions regarding procedure in case of accused being lunatic under section 328 of the Code of Criminal Procedure, 1973.(1) When a Magistrate holding an inquiry has reason to believe that the person against whom the inquiry is being held is of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness of mind, and shall cause such person to be examined by the civil surgeon of the district or such other medical officer as the State Government may direct, and thereupon shall examine such surgeon or other officer as a witness, and shall reduce the examination to writing. Image Source: thedailystar.net ADVERTISEMENTS: (2) Pending such examination and inquiry, the Magistrate may deal with such person in accordance with the provisions…

Difference between Developmental and Non-Developmental AdministrationSometimes a distinction is made between developmental administration and non-developmental or “traditional” administration. It is said that both are similar so far as these are concerned with how rules, policies and norms are implemented by government organisations but they differ in their objectives, scope, complexity and degree of innovation in the developmental administration. Image Source: bmrtraining.com ADVERTISEMENTS: It may, however be said that differing mixes of administrative departments will be seen as developmental or non-developmental in different ecological settings. It is also not true that the developmental processes start only when a country has achieved political freedom.The apparent developmental non-developmental dichotomy is due to the impression that development administration is concerned solely with the administration of developing countries.But such assumption can only reduce the utility…

As laid down in the Constitution, it shall be the duty of National Commissioner for Scheduled Castes under Constitution and reports to the President upon the working of those safeguards at such intervals as the President may direct, and the President shall cause all such reports to be laid before each House of Parliament. The Commissioner is at present performing the following functions: Image Source: nyoobserver.files.wordpress.com(i) Evaluation the progress of the welfare schemes undertaken by State Governments and non-official organisations with grants-aid received from Government of India. ADVERTISEMENTS: (ii) Giving advice on schemes received for grants-in-aid from the State Governments and non-official agencies for the amelioration of the condition of backward classes.(iii) Serving as a nominee of the Central Government on the Managing Committees of the non-official organisations receiving grants…

Legal provisions regarding public prosecutors under section 24 of the Code of Criminal Procedure, 1973.Section 24 of the Code of Criminal Procedure provides that:(1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a public prosecutor and may also appoint one or more additional public prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or State Government, as the case may be. Image Source: s2.dmcdn.net ADVERTISEMENTS: (2) The Central Government may appoint one or more public prosecutors for the purpose of conducting any case or class of cases in any district, or local area.(3) For every District, the State Government shall appoint a public prosecutor and may also appoint one or…

Legal provisions regarding release, sale and restoration of attached property under section 85 of the Code of Criminal Procedure, 1973.Section 85 of the Code of Criminal Procedure provides that:— ADVERTISEMENTS: (1) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.(2) If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Government; but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under Section 84 has been disposed of under that Section, unless it is subject to speedy and natural decay, or the…

Legal provisions regarding Urgency caused of nuisance or apprehended danger under section 144 of the Code of Criminal Procedure, 1973.(1) In cases where, in the opinion of a District Magistrate, a sub-divisional Magistrate, or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under Section 144 and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by Section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his magistrate, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance…

The word ‘statement’ means narration addressed to a police officer regarding an offence by some other person. It includes both oral and written statements. Signs and gestures also amount to statements. A statement not only includes what is expressly stated therein but also what is necessarily implied therein.Statement does not include the record of a search made by the police or matter incorporated on blank papers signed by a person when signature taken on blank paper for the purpose of comparison. A statement made to a third person in the presence of a police officer is not a statement to a police officer. Image Source: plane-truth.com ADVERTISEMENTS: As per the Code of Criminal Procedure, the statements made to the police are of three categories. They are:(i) A statement which has…

The investigation begins when every information relating to the commission of cognizable offence, if given orally or in writing or reduced to writing and entered in a book kept at police station.The investigation of cognizable offence also begins, if, from information received or otherwise, when a police officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under Section 156 of the Code of Criminal Procedure to investigate. Image Source: cdn.abclocal.go.com ADVERTISEMENTS: Here, the expression ‘reason to suspect the commission of an offence’ would mean the sagacity of rationally inferring the commission of a cognizable offence based on the specific articulate facts mentioned in the F.I.R. and any attending circumstances which may not amount to proof. Power of police to…