An abridged form of warrants trial, where some proceedings are omitted to ensure swift process but at the same time basic postulates of a fair trial are retained. except in cases of defamation. Article 20 secures the protection of the accused persons, in respect of conviction for offenses, from Ex post facto laws, double jeopardy and prohibition against self-incrimination.
As of this date, Scribd will manage your SlideShare account and any content you may have on SlideShare, and Scribd's General Terms of Use and Privacy Policy will apply. It empowers Magistrates and judges under certain circumstances to order the detention of under-trial prisoners in jail during the pendency of the proceedings. Women Security and Legal Safeguards in India, Article 21 of the Constitution of India – Right to Life and Personal Liberty, “Goods” under the Sale of Goods Act, 1930, Territorial extent, scope, and applicability of this act: It is applicable to the whole of India except the state of Jammu and Kashmir as the parliament’s power to legislate in respect of the said state is curtailed by. Abetment of any of the above-mentioned offenses.
The British parliament passed the Criminal Procedure Code, 1861 which continued till the post-Independence era and was amended in 1969. .Because without the enforcement mechanism, the threat of punishment held out to the lawbreakers by the substantive criminal law would remain empty in practice. The law of criminal procedure regulates the modes of apprehending, charging, and trying suspected offenders; the imposition of penalties on convicted offenders; and the methods of challenging the legality of conviction after judgment is entered. It assumes the existence of police and devolves various powers and responsibilities on to it. You can change your ad preferences anytime. The role of both the prosecutors and defense lawyers has also been emphasized whenever relevant. Student Notes - Criminal Intimidation - Indian Penal Code, Contract Farming & the new ordinances that affect the Farmers. Similarly, Article 21 of the constitution of India ensures the protection of life and liberty which reads as “no person shall be deprived of his life or personal liberty except according to the procedure established by law. The Public Prosecutor cannot appear on behalf of the accused. The Code has obviously tried to make itself exhaustive and complete in every respect and it has generally succeeded in this attempt, However, if the courts finds the code has not made specific provisions to meet the exigencies of any situation, the court has inherent powers to mould the procedure to enable it to pass such orders as the ends of justice may require. Msc Forensic psychology semester-II(2016-2017).
It divides the procedure to be followed for the administration of criminal justice into three stages namely-. A summon case means a case relating to an offense, and not being a warrant case. Apart from the above, a Second Class Magistrate may, if so empowered by the High court, summarily try an offense punishable with fine or with imprisonment not exceeding 6 months or the abetment or attempt to commit such an offense.
2 of 1974[ii]) is the main legislation on the procedure for administration on substantive criminal law in India[iii] which provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. If the machinery under criminal procedure is misused for character assassination based on false accusation by the accuser, who some how is in adverse control of accused’s property, in order to grab and misappropriate property of the accused, what are the specific remedies ( gain based or otherwise) for the accused, particularly when the trial courts are normally reluctant to believe accused’s evidence to the contrary before trial commenced. Its main duty is to conduct Prosecutions on behalf of the state. The court has the power to convert a summons case into a warrant case if the magistrate thinks that it is in the interest of justice. Students Notes - IPC - Theft and Extortion! After framing of charges the judge proceeds to take the ‘plea of guilt’ which is an opportunity to the accused to acknowledge that he pleads guilty and does not wish to contest the case. 106-124, 129-132 and 144-153] children and parents [125-128] and public nuisances.[Ss. If you continue browsing the site, you agree to the use of cookies on this website. (ii) The nature of its subject- matter is such that human values are involved in it to a greater degree than in other laws. Have u ever tried external professional writing services like ⇒ www.HelpWriting.net ⇐ ? To enroll the course on CPC by Mr. S.C.Virmani: Click here, You can also submit your article by sending to article@lawyersclubindia.com. But the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the state of Nagaland or such tribal areas, as the case may be specified in the notification.[iv]. Judgement is the final reasoned decision of the court as to the guilt or innocence of the accused. If a person is acquitted, the prosecution is given time to file an appeal and if a person is convicted of a particular offence, then the date is fixed for arguments on sentence.
The topic-wise treatment of the subject along with references to academic writings and the judicial decision make the study of criminal procedure meaningful and comprehensible. 1973 Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. In medieval India, after the Muslim conquest, the ‘Mohammedan criminal law’ came into prevalence. If you wish to opt out, please close your SlideShare account. (iii) As the law of criminal procedure is complementary of the substantive criminal law, its failure would seriously affect the substantive criminal law which in turn would considerably affect the protection that it gives to society. The court presumes the existence of Prisons and the Prison authorities. Therefore criminal law, in its wide sense, consists of both the substantive criminal law (Indian penal code, 1860) and procedural (or adaptive) criminal law. The CrPC also controls and regulates the working of the machinery set up for the investigation and trial of offences.
The Code of Criminal Procedure (CrPC ) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. Required fields are marked *. The defense can also produce its witnesses and the said witnesses are cross- examined by the prosecution. The effect of the statute was to apply British procedural law while deciding upon the cases of Crown’s subjects. At present, there are several schemes through which an indigent accused can get free legal aid such as Legal Aid Scheme of State, Bar Association, Legal Aid and Service Board and Supreme Court Senior Advocates Free Legal Aid society. Earn up to $200/day on with simple writing jobs. Code of Criminal Procedure 1973, India, available at. Student Notes - IPC - Death by Negligence! The criminal procedure in India is governed by the CrPC 1973. As such, Constitutional protection against arrest and detention is ensured under Article 22(1) to (7) of the constitution of India.
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If the crime is of cognizable in nature, the state participates in a criminal trial as a party against the accused. Section 313 of the Criminal procedure empowers the court to ask for an explanation from the accused if any. [ix] According to the prevailing practice, in respect of cases initiated on police reports, the prosecution is conducted by the Assistant Public Prosecutor and in cases initiated on a private complaint; the prosecution is either conducted by the complainant himself or by his duly authorized counsel. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. 1. To make this task possible, a great amount of social awareness coupled with the self-awareness on the part of the police personnel is a primary pre-requisite.In specific cases related to arrests and other offences also where there is a scope for the misuse of police power, the abuse of police power can be stopped by Transparency of action and Accountability.[xix]. The assignment has tried to provide some of the basic rules that regulate a fair trial at the pre-trial, investigative and trial stages. However, justice and fair play require that no one is punished without a fair trial. Trial- the judicial adjudication of a person’s guilt or innocence. The Code of Criminal Procedure Code, 1973 [i] (Act No. Criminal procedure. An abridged form of regular trial and is resorted to in order to save time in trying petty cases.
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