The Sessions Court Judge and Additional Sessions Court Judge authorised by law to pass judgment ranging any sentence including that death punishment or imprisonment for life. But as far as death penalty is concerned the Court passing such Judgment must get concurrence from the High Court. Whereas, the Assistant Sessions Judge is empowered to pass […]
According to Code of Criminal Procedure, 1973, if a person appears or brought before the Court for committing an Offence but not punishable with death or imprisonment for life and he is an age of under 16 years on the date of commission of such offence he shall be tried by the Chief Judicial Magistrate[…..]
Code of Criminal Procedure is in no way affect any special law or any local law which is in practice or it would affect any special jurisdiction or power assigned or any special form of procedure prescribed which is in force. Otherwise, when there is no procedural laws that could deal with any offences, Cr.P.C.[…..]
Section 175 Cr.P.C. deals with a situation of Police powers to summon the persons. An IO investigating the suspicious death of a person under Section 174 Cr.P.C. may summon any persons who are acquainted with the facts and circumstances of the death and thus every person those summon must attend to the inquiry and answers[…..]
Section 169 Cr.P.C. deals with a situation an Accused could be released for lack of evidence. The Officer Incharge of a Police Station has reasons to believe that after conducting investigation over the person’s alleged involvement into an offence he found no sufficient evidence so to forward the Accused to the concerned Magistrate then the[…..]
Section 168 Cr.P.C. deals with a situation when a subordinate Police Officer on submission of report of his investigation. The subordinate Police Officer who has investigated the Offence must submit his findings to his immediate superior Officer / Incharge of the Police Station.
If the Union Government receives a letter, requesting it to forfeit a property situate in India, from a Court or Authority in the Contracting State, on the backdrop of such person directly or indirectly obtain the property by committing an offence in that State, the Indian Government can execute such request through Court of its[…..]
When a Court has reasons to believe that a person has acquired the property directly or indirectly by committing an offence, it may Order attachment of such property as it thinks fit and as per the provisions of Sections 105D to 105J. Provided the property of the person situate in the Contracting State [another Country][…..]
A person requires by the Indian Court is already a Prisoner in the Contracting State [another Country], then the Indian Court would follow the laid down procedures given by the Union Government in written with regard to his transfer into India and his safe custody.
Provided a Court in India receives a Summons or Warrant from the Contracting State [another Country] to execute against a person in India for his appearance or production of things or documents in that Court, the Indian Court should act in such a way that it was issued by a local Court of his Country[…..]