Criminal Procedure Code, 1973, Section 320 -- A bare reading of provision of S.320 Cr.P.C. leads to the inference that offences punishable under laws other than the Indian Penal Code also cannot be compounded...........
Criminal Procedure Code, 1973, Section 439 -- Interim bail pending disposal of regular bail application - Power to grant regular bail includes the power to grant interim bail pending final disposal of the regular bail application...........
Criminal Procedure Code, 1973, Section 439 -- Bail - A person should not be compelled to go to jail if he can establish prima facie that in the facts of the case he is innocent...........
Criminal Procedure Code, 1973, Section 482 -- Summoning order - Lack of jurisdiction - Summoning order not to be challenged in the higher Court - Instead an application be filed in the trial Court who after hearing both sides and recording evidence, if necessary, decide the question of jurisdiction before proceeding further with the case...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Murder of three persons committed in Manipur State - Case investigated by CBI - Case transferred from Manipur to Delhi as there is apprehension of social unrest and communal tension between two communities, possibility of physical attack on accused, risk of intimidation of the witnesses, CBI arranged for..........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Cannot be granted on the ground that appeal is not likely to be heard in six months - If bail is granted on such a ground then bail has to be granted in almost every case, even when offence is heinous...........
Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Bail not granted during trial - It is even less a fit case for bail after conviction...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Murder of three persons committed in Manipur State - Case investigated by CBI - Case transferred from Manipur to Delhi as there is apprehension of social unrest and communal tension between two communities, possibility of physical attack on accused, risk of intimidation of the witnesses, CBI arranged for..........
Criminal Procedure Code, 1973, Section 161 -- Signatures obtained on statement u/s.161 Cr.P.C. - Obtaining signatures on statement u/s.161 Cr.P.C. is prohibited by S.162 Cr.P.C...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Not a substantive piece of evidence - FIR can be used to corroborate the evidence of the person lodging the same...........