SECTION 156 OF CR.P.C. – AN UNDERSTANDING

Section 156 of Cr.P.C. allows Police to conduct investigation into any cognizable case without the order of the concerned Magistrate under which the Police Station and / or the Investigation Officer functions and no proceedings of theirs be questioned by the Court at any stage. Otherwise Clause 3 of Section 156 empowers Court to direct […]

NON-COGNIZABLE OFFENCE – DECODING SECTION 155 CR.P.C.

What if the Police receives a Complaint, which is non-Cognizable Offence? Whether the Police has powers to take non-Cognizable Offence and investigate the matter similar to that of Cognizable Offence? Section 155 Cr.P.C. has answer to those questions. Criminal Law bifurcates nature of offences under cognizable and non-cognizable cases. Wherein, offences of cognizable nature does[…..]

DECODING SECTION 154 OF CR.P.C.

Section 154 set in motion a criminal complaint when an FIR is registered and the concerned Magistrate take notice of the same, as it is mandated on the Investigation Officer under Section 157 to report to the Jurisdiction Magistrate who is empowered to take cognizance of the same. The word “Informant” is crucial in Section[…..]

MAGISTRATE RESPONSIBILITY

As regard to designation “Magistrate,” he either relate to a Metropolitan Area, if so then he is called Metropolitan Magistrate and if he is a “Magistrate” outside of the Metro Area  then he is called a Judicial Magistrate. Similarly, the rank of the Magistrate is assigned based on his place [Metro or Rural] and he[…..]

MAINTENANCE – WHAT DOES LAW SAYS?

Sections 125 to 128 of Code of Criminal Procedure deals with Maintenance. Maintenance to Wife, legitimate or illegitimate minor children and to the Parents are discussed in Section 125 of Cr.P.C. while Section 126 deals with jurisdiction of the Court, Section 127 explains the situation pertaining to change in circumstances and Section 128 calls for[…..]

MORE COMMENTARIES BY ADVOCATE SHUJATH

BEWARE OF NDPS ACT!CITATIONS & IMPEDIMENTSUNIFORMITY OF FCs?MUSLIM PERSONAL LAW – 2MUSLIM PERSONAL LAW – IDUE PROCEDURE Vs DUE PROCESS – FIGHT CONTINUESHARED HOUSEHOLD CONUNDRUM!SEDITION IN TODAY’S INDIA?MISCELLANEOUS [SECTION 474 – 484]TRANSFER OF CRIMINAL CASES [SECTIONS 406 TO 412]URGENT CASES OF NUISANCE OR APPREHENDED DANGERNUISANCE – WHAT CR.P.C. SAYS?PREVENTIVE ACTION OF THE POLICE – SECTIONS[.....]

MORE FAQS’

CAN A PRESENT MAGISTRATE DISQUALIFY SURETY GIVEN TO A PREDECESSORPROCEDURE OF INQUIRY / TRIAL CONDUCTED BY EXECUTIVE MAGISTRATEOFFENCE COMMITTED BY AN INDIAN OUTSIDE INDIA?WHEN OFFENCE COMMITTED BEYOND LOCAL JURISDICTION?WHEN DOUBT ON INQUIRY OR TRIAL AROSE?HOW TO TRY CASES OF DIFFERENT SESSIONS DIVISIONS?WHEN OFFENCES TRIED IN ONE TRIAL?JURISDICTION OF THE COURTS WHEN OFFENCE WAS COMMISSIONED DURING[.....]

WHAT IS DEFAMATION?

Defamation means a bad remarks used by a person against another person with an intent to harm him or her integrity or social standing in the presence of general public or even before a single person who had kept the aggrieved person in the highest regard. The medium of defaming a person could be two;[…..]