Criminal Procedure Code, 1973, Section 31 -- Two - essential ingredients of S.31 Cr.P.C., are.: (i) a person is convicted at one trial; (ii) trial is for two or more offences...........
Criminal Procedure Code, 1973, Section 31 -- Consecutive running of sentences - S.31(1) Cr.P.C., would permit consecutive running of sentences only if such sentences do not happen to be life sentences - Imposition of two life sentences should run concurrently...........
Criminal Procedure Code, 1973, Section 31 -- Consecutive running of sentences - Term sentence and life imprisonment may be ordered to run consecutively if term sentence has to start first - Converse of the same may not be true for if Court directs life sentence to start first it would necessarily imply that term sentence would run concurrently...........
Criminal Procedure Code, 1973, Section 31 -- Concurrent running of sentences - Multiple sentences for imprisonment for life can be awarded for multiple murders or other offences punishable with life imprisonment - Life imprisonment so awarded cannot be directed to run consecutively - Such sentences would however, be super imposed over each other so that any remission or..........
Criminal Procedure Code, 1973, Section 156(3), 200 -- Scope of application of mind for invoking power u/s 200 Cr.P.C. and S.156(3) Cr.P.C. are totally different, as degree of application of mind to invoke power u/s 156(3) Cr.P.C. is much lesser than degree of application of mind required to invoke power u/ss 190(1)(a), 200 Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Application of mind while exercising power u/s 156(3) Cr.P.C. - When the Magistrate is not deciding to take cognizance of offence at the stage of S.156(3) Cr.P.C., application of mind is only limited to certain aspects viz.: (i) Whether it is a complaint within the meaning of S.2(d) Cr.P.C.; (ii) whether complaint deals with..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Corruption case - When a preliminary inquiry is ordered and same is conducted by a police officer, he cannot avoid his duty of registering FIR, in case a cognizable offence is revealed - Even in the course of quick verification or preliminary inquiry, if it comes to the notice of concerned police officer that a cognizable..........
Criminal Procedure Code, 1973, Section 156(3), 190(1)(a), Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Power of Magistrate - Course of action - Where sanction u/s 19 of P.C. Act or S.197 Cr.P.C. is required for taking cognizance of offences, it is not possible for Court to take cognizance of offence by applying its mind u/s..........
Criminal Procedure Code, 1973, Section 190(1)(a) -- Cognizance of offence - Corruption case - Summoning order - Petitioner challenged the summoning order on the ground that Court below was not authorized or empowered by law to take cognizance of offences in absence of a quick verification or preliminary inquiry - However, it may be possible for petitioner at this stage to..........
Criminal Procedure Code, 1973, Section 227, 329, 330, Protection of Children from Sexual Offences Act, 2002, Section 8 -- Discharge - Offence u/s 8 of POCSO Act - Plea of mental retardation - Where accused placed on record prima facie documents to show that he was mentally retarded, it was bounden duty of Court to conduct an inquiry u/s 329 Cr.P.C. - However, procedure..........
