Examination of witnesses by police. Conviction on plea of guilty in absence of accused in petty cases. Magistrate may prohibit repetition or continuance of public nuisance. After the , the took over the administration in India. When an offence is committed, whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage.
Imprisonment in default of security. However, the motive behind giving these guidelines was to curb the arbitrary use of power by the law enforcement and it can be inferred by this article that the guidelines specified in the sections 107 and 151 have been time and again proven to be inefficient to curb control the misuse of the same. He may be convicted of criminal breach of trust under the said section 406. No formal proof of certain documents. A may be separately charged with and convicted of, offences under sections 3 17 and 304 of the Indian Penal Code 45 of 1860. This website is meant only for providing free legal information to its visitors, without any warranty.
Power to issue order in urgent cases of nuisance or apprehended danger. Where a satisfactory disposition of the case has been worked out under section 265D, the Court shall dispose of the case in the following manner, namely:- a the Court shall award the compensation to the victim in accordance with the disposition under section 265D and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under section 360 or for dealing with the accused under the provisions of the Probation of Offenders Act, 1958 20 of 1958 , or any other law for the time being in force and follow the procedure specified in the succeeding clauses for imposing the punishment on the accused; b after hearing the parties under clause a , if the Court is of the view that section 360 or the provisions of the Probation of Offenders Act, 1958 20 of 1958 , or any other law for the time being in force are attracted in the case of the accused, it may release the accused on probation or provide the benefit of any such law, as the case may be; c after hearing the parties under clause b , if the Court finds that the offence committed by the accused is not covered under clause b or clause c , then, it may sentence the accused to one-fourth of the punishment provided or extendable, as the case may be, for such offence. Yet, the fact remains that a large number of persons are arrested under this provision as well. Act 24 of 1988 sec. Section — Discharge of person informed against If, on an inquiry under section 116, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him. Section — Procedure in respect of person present in Court If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court: Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information the substance of which report or information shall be recorded by the Magistrate , that there is reason to fear the Commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest. Prosecution of commissioner of Receiver appointed by civil court.
Ahmed Noormohmed Bhatti vs State Of Gujarat And Ors, 16 March, 2005 In this case, the bench comprising of N. P Act 16 of 1976. If, upon consideration of the record of the case and the documents submitted herewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing. Criminal Procedure Code, 1973 An Act to consolidate and amend the law relating to Criminal Procedure. Fine in lieu of forfeiture 1 Where the Court makes a declaration that any property stands forfeited to the Central Government under section 105H and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. Section — Power to dispense with personal attendance The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by a pleader.
Powers, on escape, to pursue and re-take. Trial for more than one offence. Magistrate may direct search in his presence. The State Government has the power to make certain offences bailable or non-bailable in their respective States. Local Jurisdiction of Executive Magistrates. If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides, and thereupon the court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.
Every person is bound to assist a Magistrate or police officer reasonably demanding his aid- a in the taking or preventing the escape of any other person whom such magistrate or police officer is authorised to arrest; or b in the prevention or suppression of a breach of the peace; or c in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property. A may be separately charged, with and convicted of offences under sections 323, 392 and 394 of the Indian Penal Code 45 of 1860. Act 10 of 1998 , sec. When a court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served. Two of the most frequently used pieces of legislation in India are Sections 107 and 151 of Code of Criminal Procedure, 1973. Conclusion It is understandable that the state needs to develop a mechanism to prevent crime from happening. Summons to produce document or other thing.
Illustrations to sub-section 3 i A wrongfully strikes B with a cane. Examination of person accused of rape by medical practitioner. The Magistrate may, for the purposes of an inquiry under section 137 or 138- a direct a local investigation to be made by such person as he thinks fit; or b summon and examine an expert. Non-cognizable offences are, generally, relatively less serious offences than cognizable ones. Medical examination of the victim of rape. Power of Police under Sections 107 and 151 of Code of Criminal Procedure To understand the power of police under these statutes, it is imperative to examine what the sections exactly convey.
Person arrested not to be detained more than twenty-four hours. Every mistake under these sections of falsely incriminating an innocent contravenes the principles of natural justice and rule of law, the two legal principles that the Constitution of India finds its basis on. Non-appearance or death of complainant. The section is aimed at persons who cause a reasonable apprehension of conduct likely to a breach of the peace or disturbance of the public tranquility. Illustrations a A is charged under section 407 of the Indian Penal Code 45 of 1860 with criminal breach of trust in respect of property entrusted to him as a carrier.