101 Flashcards
Section 31 Cr.PC
Sentence in case of conviction of several offences at one trial
Sentence him for several offences competent to inflict
To commence one after the other
In such order as the court may direct
Unless court directs the punishments to run concurrently
Doesn’t matter if the aggregate of sentence surpasses its jurisdiction
Provided not more than 14 years
Section is a procedural law
When nothing is said it’s consecutive
Sec 302 Cr.PC
Permission to conduct prosecution
Any magistrate may permit the prosecution to be conducted by any person other than the police officer below the rank of inspector,
But no person other than the Advocate general, govt advocate or PP, APP shall be entitled to do so without permission
PO who has taken part in investi cannot
Person conducting prosecution can by leader or personally
Not giving permission is not illegal for the magistrate though preferable for arguments
Sec 41 Cr. PC
When police may arrest without warrant
Any PO may arrest without a order from magi if:
Who commits in the presence of PO a cognizable offence
Against whom reasonable complaint
Credit information
Reasonable suspicion
Punishable with 7 years
To prevent further commission of crime
For proper investi
Prevent person from tampering evidence
Inducement, threat, promise change the facts of the case
To obtain his presence in court
Reasons one writing for arrest
Custody and arrest. Cr.PC
More
They are not the same
Every arrest has custody but every custody doesn’t have arrest
Arrest is a formal custody by police
Custody is surveillance, restriction of movement of person
Custody can be complete or partial
Arrest with and without warrant
Custody is charge and control of person or property
Arrest is forceful confinement of person by police. Sec 46.
Custody Sec
Section 439 Cr.PC
Special power of HC or sessions regarding bail
Any person accused and in custody to be enlarged on bail and may impose conditions
Any condition imposed by magi shall be set aside
And everytime shall give notice to PP for offences punishable with life
In 376, 376AB, 376DA or 376DB, HC or sessions shall give notice to PP within 15 days of application
And anytime bail will cancelled by the court
Sec 200 to 203 Cr.PC
Complaints to Magistrates
A Magi taking cogni shall examine upon oath the complainant and the witnesses present and the substance shall be reduced to writing and signed by all, complainant, witnesses and Magi.
But if the complaint itself is in writing no need to examine the complainant or witnesses if:
A public servant in discharge of his functions or a court itself has made the complaint
Or a Magi makes over the case for inquiry or trial to another Magi under sec 192
And so the latter Magi need not examine the complainant or witnesses
The accused has not right to be heard a the stage of examination of the complaint or cross examine the witnesses
Non examination of the complainant upon oath would be an irregularity and not fatal
Upon complaint if the Magi distrust the complaint he may delay issue of process and direct a local investi by police.
203 If after considering the statements on oath and the result of the inquiry or investi the Magi is of the opinion that are no grounds for proceeding be shall dismiss the complaint and record his reasons
Sec 313 Cr.PC
Power to examine the accused
In every enquiry or trail, to enable the accused to explain the circumstances appearing in the evidence against him,
May at any stage without warning put such questions
After the witnesses have been examined and before he is called for his defnece, generally questioned
In summons case if his appearance is dispensed with then examination is dispensed
No oath shall be administered when he is to be examined
Accused shall be liable to punishment if he fails to answer, or gives false answer
The answers may be used for or against him in the trial
Court mat take the help of the prosecutor or defence counsel in framing the questions
If written statement is filed then that is enough
Sec 6 - 25A
Constitution of criminal courts and offices
Effective separation of judiciary and executive ie judicial magistrates and executive magistrates
JM comes under HC
EM comes under State Government
Judicial nature JM
Police and administrative EM
Magistrate: Executive
DM-ADM-Sub-Div-Magi-Subordinate EM-Special EM
Judicial :
CJM-ACJM-SDJM-JM and Special JM
Every state has other than HC:
Court of Sessions
Judicial Magistrates of 1st Class + Metropolitan magic
Judicial Magi of 2nd class
Executive magic
Even HC has powers of a criminal court and can conduct trial S-474, revisional powers s-397, inherent powers s-482
Under the constitution SC has power to deal with certain criminal matters ART 132, 134, 136.
Sec 9 Cr.PC
Court of session
State govt to establish a session court in every sessions division
Presided over by a judge appointed by the HC
May also Addl Sessions Judge, Assistant Sessions Judge
Ordinarily the sessions court sits where the HC tells to
Sec 11 Cr.PC
Court of judicial magistrate
Every district other than metro there shall be established as many courts of JM 1 & 2 class as the state govt after consultation with the HC, specify
Even special court of judicial magistrates for particular class of cases
Presiding officer appointed by HC
HC may if it considers confer powers of a JM 1 or 2 on any member of the judicial service
