Any otherwise intention of the Legislature is ruled out from the fact that, had it been so, it would have inserted a new sub-section in Section 377 or 378, putting his right, with limitations and qualifications, at par with that of the prosecuting agency or the complainant, instead of inserting this right of victim in the opening section of the chapter itself. Maharashtra: After section 197, the following section shall be inserted namely. In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall when such court consists of two or more Judges, be made, passed and signed by at least two of them. Procedure when appellant in jail 421. After the disposal of the main petition on 7. Three offences of same kind within year may be charged together 235. Appeal to Court of Session how heard.
When offence proved included in offence charged 239. The trial Court on the facts of this case did not perform its duties, as was enjoined on it by law. Cognizable Non-cognizable Any Magistrate 171 Wearing grab or carrying token used by public servant with fraudulent intent. Any casual or summary disposal would not be proper. If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient, evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial. Cognizable Non-bailable Court of session.
Substituted by Code of Criminal Procedure Amendment Act, 2005, sec. When attendance of witness may be dispensed with and commission issued. What persons may be charged jointly. These rules came into effect from October 1982 and cast a duty on the Presiding Officer to explain to every accused person without representation the provisions of the rules of Legal Aid as soon as the accused is produced before the Presiding Officer for the first time. Notification of substance of warrant. This is to authorise and require you, the Superintendent or keeper to receive the said…………… name into your custody, together with this warrant, and to keep him safely in the said Jail for the period of.
There could be no interference with the order of acquittal. The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested. And you are further required to inform the said of the contents of this order and deliver to him the attached copy thereof. One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking out. Cognizable Non-cognizable Magistrate of the first class. When the examination of the witnesses if any for the defence is complete, the prosecutor shall sum up his case and the accused or his pleader shall be entitled to reply: Provided that where any point of law is raised by the accused or his pleader, the prosecution may, with the permission of the Judge, make his submissions with regard to such point of law.
Additional powers conferrable on Magistrates. As per section 262 2 no sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this chapter 21. Simple imprisonment for 6 months or fine of 1,000 rupees or both. Superintendent of Jail, 1997 389. Money ordered to be paid recoverable as a fine. When search warrant may be issued.
Cases in which Judge or Magistrate is personally interested. Withdrawal of remaining charges on conviction on one of several charges. Courts by which offences are triable. Therefore, without expressing any opinion on the merits of the case, the Supreme Court set aside the impugned judgment and remits the matter for a fresh consideration in accordance with law. Imprisonment for 3 year or fine, or both.
Finality of judgments and orders on appeal. When officer-in-charge of police station may require another to issue search-warrant 167. Imprisonment in default of security. Where the judgment is delivered under clause a of sub- section 1 , the presiding officer shall cause it to be taken down in short- hand, sign the transcript and every page thereof as soon as it is made ready, and write on it the date of the delivery of the judgment in open Court. In order to see that such a penalty is rest reduced liberally, sub-section 3 has been amended to provide that the Court shall record reasons before reducing the penalty. Discharge of person apprehended 64.
Being a thug or belonging to a gang of dacoits, escape from custody, etc. That limitation is implicit in the concept of revision. The person against whom such order is made shall — a perform within the time and in the manner specified in the order, the act directed thereby; or b appear in accordance with such order and show cause against the same. Oral arguments and memorandum of arguments. Arrest of accused in appeal from acquittal. He may be convicted of criminal breach of trust of receiving stolen goods as the case may be though he was not charged with such offence. After perusing such record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor, if he appears, and in case of an appeal under section 377 or section 378, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may- a in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; b in an appeal from a conviction- i reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or ii alter the finding, maintaining the sentence, or iii with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same; c in an appeal for enhancement of sentence- i reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence, or ii alter the finding maintaining the sentence, or iii with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, so as to enhance or reduce the same; d in an appeal from any other order, alter or reverse such order; e make any amendment or any consequential or incidental order that may be just or proper: Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement: Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal.
Examination of person accused of rape by medical practitioner. The limitation period for the appeal against the order of acquittal will be 30 days for appeals in the Sessions Court and 60 days for those in the High Court. Power to direct further inquiry to be made or additional evidence to be taken 376. Every warrant for the execution a sentence of imprisonment shall be directed to the officer-in charge of the jail or of the place in which the prisoner is, or is to be, confined. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him. No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice.
Conviction on plea of guilty. Bailable Any Magistrate 276 Knowingly selling or issuing front a dispensary any drug or medical preparation as a different drug or medical preparation. And I hereby direct to you be tried, etc. Secondly — That you on or about the ……………. It was held that this power can also be exercised to reconsider orders of dismissal of an appeal or application passed without jurisdiction or in default of appearance, where reconsideration is necessary to secure the ends of justice. Sentence on offender already sentenced for another offence. Imprisonment for 10 years and fine.