When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent, of the court, withdraw the remaining charge or charges, or the court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said court subject to the order of the court setting aside the conviction may proceed with the inquiry into, or trial of, the charge or charges so withdrawn. He cannot after-wards, while the acquittal remains in force, be charged with theft as a servant, or upon the same facts, with theft simply, or with criminal breach of trust. Examination of accused by medical practitioner at the request of police officer. Any court may, if it thinks fit impound any document or thing produced before it under this Code. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
Power to declare certain publications forfeited and to issue search warrants for the same. Under section 156 3 Cr. Subs by Act 50 of 2001, sec. If the person in respect of whom such order is made is present in court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him. A may be separately charged with, and convicted of, the possession of each seal under section 473 of the Indian Penal Code 45 of 1 860. Besides specifying whether an offence is Bailable or Non-Bailable it also specifies if it is Cognizable or Non-Cognizable, which Court has the jurisdiction to try the said offence, the minimum and maximum amount of punishment that can or shall be awarded for the said offence. When charged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh.
When officer in charge of police station may require another to issue search warrant. You can search our database for full forms and names of terms popular in computer, electronics, science, finance, information technology, chemistry, biology, business, organization, school and chat. Commitment of case to Court of Session when offence is triable exclusively by it. Added by Act 45 of 1978, sec. Procedure in respect of letter of request. The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section. By Act 50 of 2001, sec 2, for sub-section 2 w.
Such Magistrate, on receiving such report, may direct an investigation, or, if he thinks fit, at once proceed or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into or otherwise to dispose of, the case in the manner provided in this Code. . Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order. Aid to person other than police officer, executing warrant When a warrant is directed to a person other than a police officer, any person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant. When manner of committing offence must be stated. Procedure on order being made absolute and consequences of disobedience.
Act 1of 1984, section 5 w. The 1861 code continued after independence and was amended in 1969. Every offence shall ordinary be inquired into and tried by a court within whose local jurisdiction it was committed. The British rulers passed the Regulating Act of 1773 under which a Supreme Court was established in Calcutta and later on at Madras and in Bombay. It was finally replaced in 1972. Commission to whom to be issued. Language of record of evidence.
Warrant may be directed to stay persona. Power to order cases to be tried in different sessions divisions. Interpretation of evidence to accused or his pleader. It has however been defined by the Black's Law Lexicon as security for the appearance of the accused person on giving which he is released pending trial or investigation The First Schedule to the Code, classifies the offences defined in the. An Additional Sessions Judge or Assistant Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try. Thus the court may direct that the offender be released on his entering into a bond, with or without surities.
When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the court which issued the warrant is within thirty kilometers of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 71, be taken before such Magistrate or District Superintendent or Commissioner. The charge need not state the manner in which A murdered B. The court may infer from this that A was misled, and that the error was material. The Supreme Court was to apply British procedural law while deciding the cases of the Crown's subjects. Certain transfers to be null and void Where after the making of an order under sub-section 1 of section 105E or the issue of a notice under section 105G, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under section 160H, then the transfer of such property shall be deemed to be null and void.
Inquiry as to truth of information. A may be charged in the alternative and convicted of intentionally giving false evidence, although it cannot to be proved which of these contradictory statements was false. High Court to decide, in case of doubt, district where inquiry or trial shall take place. Apart from the above, a Second Class Magistrate may, if so empowered by the High Court, summarily try an offence punishable with fine or with imprisonment not exceeding six months or the abettment or attempt to commit such an offence. Illustrations a A is charged under section 407 of the Indian Penal Code 45 of 1860 with criminal breach of trust in respect of property entrusted to him as a carrier. Non-appearance or death of complainant. Act 10 of 1998 , sec.
Identification of person arrested:- Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction, may on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit. The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by a pleader. Procedure in regard to such evidence when completed. Short title of amending legislation No. If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides, and thereupon the court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper. Diary of proceeding in investigation.
Power to release persons imprisoned for failing to give security. Service of summons outside local limits. If such person does not perform such act or appear and show cause, he shall be liable to the penalty prescribed in that behalf in section 188 of the Indian Penal Code 45 of 1860, and the order shall be made absolute. Procedure in respect of letter of request Every letter of request, summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf. If the accused pleads guilty; the Judge shall record the plea and may, in his discretion, convict him thereon. If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion convict him thereon. Trial of offences under the Indian Penal Code and other laws.