Yes. The Chargesheet could be altered or added by the Court before the pronouncement of the Judgment. The changes must be read and explained accordingly to the Accused. Section 216 of Cr.P.C. gives such powers to the Court. Should the changes in the Chargesheet were done after conduct of the Trial, the Court may either […]
Yes. Should the Accused involved in many offences in different Jurisdiction Court limits, a separate Trial for each such offences could be conducted by a single Court of competent to try. Section 184 and 185 of Cr.P.C. allows such arrangement depending on jurisdiction powers of the Court. Even otherwise, the High Court under Section 186[…..]
The Chargesheet consist of; A detailed report on Crime committed by the Accused and how the investigation was carried out and concluded. The list of Witnesses and how they relate to the Crime and what would they explain in the Court about the incident and such similar things. FIR Complaint made by the Defacto Complainant[…..]
The Chargesheet or Final Police Complaint is a set of papers presented in the Court to set in motion the Trial proceedings of the Case. Section 173 of Cr.P.C. deals with Chargesheet.
A Trial can never be conducted in the absence of an Accused, however, it could be done only on certain conditions; If the Court has already dispensed with personal attendance of the Accused and in such case it is must that his Counsel be present in the Court during Trial and / or proceedings of[…..]
Yes. The Counsel of the Defacto Complainant in the Police Case can assist the Prosecution only for limited purposes. Otherwise, it is settled in law that the Counsel can’t place his arguments before the Court and or allowed to bring any fresh evidences not directly but only through Prosecutor.
Yes. In a Police instituted Case, if the offence is charged less than 2 years then the Jurisdiction Court can handle such case under Summary Trial.
All those Summons cases including those cases identified under Sections 260 of Cr.P.C., wherein punishment does not exceed 2 years are subjected to Summary Trial. Summary Trial is a shorter than the Regular Trial done on the Police Complaint [Calendar Case]. Conviction exceeding 3 months is not allowed under Section 262 of Cr.P.C. and at[…..]
Yes, the Court can conduct Trial with the available Accused under Section 317[2]. However, it is only on certain situations; either the Accused in the case was death or absconding and even after reasonable resources and time spent on him in tracing, but failed to trace by the Police.
The Trial of the Case begins with the Accused after receiving Summons enters into defence by receiving copy of the Complaint and typeset. The Second stage is Accused Counsel to Cross Examine the Complainant immediately after his Chief heard by the Court. [It is important to note that readers should not get confused or compare[…..]