These amendments have been made prior to the enactment of the Code of Criminal Procedure Amendment Act, 2001 Central Act 50 of 2001 sec. Duty of officers employed in connection with the affairs of a village to make certain report. Save as otherwise expressly provided by this Code, no party has any right to be heard either personally or by pleader before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader. Both Sections empower the magistrate to order an investigation on receipt of a direct complaint from any person. Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry.
Conviction on plea of guilty. Notice of forfeiture of property. Procedure when service cannot be effected as before provided. In cases where preliminary inquiry ends in closing the complaint a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court. A District Magistrate or sub-divisional Magistrate, or any other Executive Magistrate empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Indian Penal Code 45 of 1860 , or any special or local law. Protection of members of the Armed Forces from arrest.
A Sessions Judge or Magistrate making an order under section 408, section 409, section 410 or section 411 shall record his reasons for making it. If the police officer makes a wrong assessment as to the seriousness of the case, the superior police officer through whom the report is sent to the Magistrate as per Section 158 of the Code, can always give appropriate directions to the officer-in-charge of the police station to set right the course of his action. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false property-mark, without reference to the definition, of those crimes contained in the Indian Penal Code; but the sections under which the offence is punishable must, in each instance, be referred to in the charge. By Act 50 of 2001, sec 2, for sub-section 2 w. When charged for the murder of Haider Baksh, he was tried for the murder of Khoda Baksh.
On the trial, A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. Magistrate may dispense with personal attendance of accused. Subs by Act 50 of 2001, sec. When an offence is committed outside India- a By a citizen of India, whether on the high seas or elsewhere; or b By a person, not being such citizen, on any ship or aircraft registered in India. Power to hold investigation or preliminary inquiry. After the commencement, and before the completion, of the inquiry under sub- section 1 , the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 111 has been made The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs: Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention. Subs by Act 50 of 2001, sec.
The charge should be in those words. However, the facts can come forth only after an investigation is conducted. When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the court which issued the warrant is within thirty kilometers of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 71, be taken before such Magistrate or District Superintendent or Commissioner. When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908 5 of 1908 ; Whenever an Executive Magistrate is satisfied from the report of a police officer or upon other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction, whether such right be claimed as an easement or otherwise, he shall make an order in writing, stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend his Court in person or by pleader on a specified date and time and to put in written statements of their respective claims. Mischief by killing or mai- 429 The owner of the cattle ming cattle, etc. The Court shall deliver its judgment in terms of section 265E in the open Court and the same shall be signed by the presiding officer of the Court.
Pursuit of offenders into other jurisdictions. The magistrate may pass such orders, as he thinks fit. Report of the mutually satisfactory disposition to be submitted before the Court. A court of law is involved. If as a result of the inquiry, investigation or survey under section 105D, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person hereinafter referred to as the person affected calling upon him within a period of thirty days specified in the notice to indicate the source of income, earnings or assets, ot of wceich or by means of which be has acquired such property, the evident on which be relies and other relevant information and particulars, and to show cause why all or any of such properties, as the cam may be, should not be declared to be proceeds of crime and forfeited to the Central Government, The Court may, after considering the explanation, if any to the show- cause notice issued under section 105G and the material available before it and after giving to the person affected and in a case where the person affected holds any property specified in the notice through any other Person, to such other person also a reasonable opportunity of being heard by order record a finding whether all or any of the properties in question are proceeds of crime: Provided that if the person affected and in a case where the person affected holds any property specified in the notice through any other person such other person also does not appear before the Court or represent his case before it within at period or thirty days specified in the slow- cause notice, the Court may proceed to record a finding under this sub- section ex parte on the basis of evidence available before it.
As per the proviso to Section 157 1 of the Code, there are two circumstances in which it is not necessary for the officer in charge of a police station to proceed in person or depute a subordinate officer to make an investigation on the spot. This is just to give proper equal opportunity to accused to know what charges has been levelled against him, what case the prosecution has prepared and then on the basis of which he will prepare a proper defence for himself. Procedure by Magistrate not competent to take cognizance of the case. In section 9, in sub-section 6 , insert the following proviso. There was a phone call made to the police station anonymous. In other words, where on account of credibility of information available, or weighing the interest of justice it is considered appropriate to straightaway direct investigation, such a direction is issued.
Where any proceeding by way of revision is commenced before a Sessions Judge under sub- section 1 , the provisions of sub- sections 2 , 3 , 4 and 5 of section 401 shall, so far as may be, apply to such proceeding and references in the said sub- sections to the High Court shall be construed as references to the Sessions Judge. Procedure where accused is not discharged 1 If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground r presuming that the accused has committed an offence triabie under this Chapter,wilich such Magistrate is competent to try and which, in his opinion, could be adeqtiateiv punished by him, he shall frame in writing a charge against the accused. Where it is doubtful what offence has been committed. No inducement to be offered. Is there something like this I thought cheating is cheating not as per date time or number of transactions is it? Procedure where dispute concerning land or water is likely to cause breach of peace.