Criminal Procedure Code, 1973, Section 2(n), 3(38) -- Offence - Meaning - Offence means `an act or instance of offending', `commit an illegal act' and illegal means, `contrary to or forbidden by law'- 'Offence' has to be read and understood in the context as it has been prescribed under the provisions of Sections 40, 41 and 42 IPC which cover the offences punishable under..........
Criminal Procedure Code, 1973, Section 207 -- Supply of copies to accused when proceedings are instituted on a police report free of cost viz. (i) The police report; (ii) The first information report recorded u/s 154 Cr.P.C. (iii) Statement recorded u/s 161(3) Cr.P.C.; (iv) The confessions and statements, if any, recorded under section 164; (v) Any other document or..........
Criminal Procedure Code, 1973, Section 208 -- Supply of copies of document to accused when a case is triable by Court of Sessions instituted otherwise than on a police report - Copy of following documents be supplied free of cost to accused : (i) The statements recorded under section 200 or section 202, or all persons examined by the Magistrate; (ii) The statements and..........
Evidence Act, 1872, Section 165, Criminal Procedure Code, 1973, Section 311 -- Recall and re-examination of a witness - Power of the Court u/s 165 of Evidence Act is in a way complementary to its power u/s 311 of Cr.P.C. - The section consists of two parts i.e. (i) giving a discretion to the Court to examine the witness at any stage and (ii) the mandatory portion which..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - FIR lodged u/ss 419, 420, 467, 468, 471 read with Section 120-B IPC - Prosecution allegation that petitioner allegedly forged power of attorney of his brother who died in the hospital - Some other persons impersonated himself in place of deceased - Petitioner got the sale deed executed in connivance with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Prevention of Corruption Act, 1988, Section 4(1) -- Jurisdiction of special court - Accused committed crime involving three offence under IPC, under NDPS Act and Prevention of Corruption Act - Accused filed bail application in Special Court constituted under NDPS Act - Court came to the conclusion that it..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173(2), 156(3), 200 -- Police submitted closure report after investigation - Magistrate accepted the closure report - Complainant filed fresh complaint with Magistrate and sought investigation under Section 156(3) CrPC - Magistrate treated the complaint under Section 200 CrPC and ordered enquiry..........
Criminal Procedure Code, 1973, Section 202, 156(3) -- Complaint case - Once Magistrate takes cognizance of an offence, he cannot order investigation under Section 156(3) - Section 156(3) is to be resorted to before taking cognizance, whereas Section 202 of the Code is to be invoked after cognizance is taken after the complaint but before issuance of process...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Investigating agency submitting final report to Magistrate under Section 173(2) - Police can still conduct further investigation in respect of an offence under section 173(8) Cr.P.C...........
Criminal Procedure Code, 1973, Section 198(1)(c), 155(4) -- Cognizance of offence against marriage - Accused married victim woman by concealing the first marriage - A victim woman sought prosecution u/ss 494 and 495 IPC - Accused taking plea that Section 198(1)(c) of the Code bars taking cognizance of case u/ss 494 and 495 IPC - Offence u/s 494 was lodged alognwith other..........
