Section 164 Cr.P.C. deals with a situation regarding recording of confession statements by the Court. Any Magistrate, be it Metropolitan or Judicial and have jurisdiction or not can record the statement confessed to him at any time during the course of investigation, but, before conducting an inquiry or trial by the Court. [The portion of […]
No, Police cannot prevent anyone who is willingly gives his / her statement – be it factual or contain bundle of lies – the Police has to record the statement as it is. Otherwise, Section 163 of Cr.P.C. deals with a situation as follows; Bribe [inducement] should not be given by the Police or the[…..]
Section 162 of Cr.P.C. deals with a situation that the statement given to the Police not to be signed by the person who gave it. And use of those statements in evidence. Clause 1 says, should the statement of a person reduced to writing during investigation he need not affix his signature on his statement.[…..]
Section 161 of Cr.P.C. deals with the Police’s examination of witnesses. An IO or the Police Officer appointed by the State and under latter’s instructions such Officer can examine orally any person who is acquainted with the facts and circumstances of the case. Such person who is subjected to examination would truly answer to all[…..]
Section 160 Cr.P.C. deals with a situation of Police summoning any person for inquiry. An IO could summon any person [summon must be in writing] for inquiry at his Police Station. The IO is allowed to summon a person who is not even a resident of his Station limit, and still such person is acquainted[…..]
On 3rd August 1949, Mr. Nazeeruddin Ahmed [Bengal Muslim] spoke at the Constituent Assembly as follows; “Mr. President, Sir, I think the Amendment moved by Dr. Ambedkar constitute startling and revolutionary changes in the Constitution. I submit the radical departure has been made from our own decision. We took important decisions in this House as[…..]
The Period of Limitation means taking Cognizance of an Offence and the same is described in Section 468 of Cr.P.C. No Court shall take any case if limitation period is ceased as follows; If the offence is punishable with only fine then it is 6 months One year if the offence is punishable with imprisonment[…..]
The Judicial Magistrate, Metropolitan Magistrate and any Magistrate of First Class specially empowered by the High Court, leaving aside offences like death penalty, life imprisonment or imprisonment above 2 years, offences under IPC Sections 379, 380, 381, 411, where theft, assisting, procurement and retaining of the property exceeding Rs. 2,000/- and offences under IPC Sections[…..]
On 29th April 1949 Mr. Nazeeruddin Ahmed [Bengal Muslim] spoke at the Constituent Assembly as follows; “That in Amendment No. 1 of List I, in the proposed Entry 2 of List I, for the word “investigation” the words “Central Bureau of Investigation be substituted” The original entry was Central Intelligence Bureau. To redraft simply is[…..]
In this Article, I prefer to inform the audience about various stages involved in a Criminal Case. Otherwise, a Case can be broadly divided into three Stages. they are; Pre-Trial Trial Post-Trial To make readers easily understand the stages in Criminal Case, I avoided discussing under those abovementioned three heads, but broken down those stages[…..]