The Judge’s Discretion to Give Death Penalty – Supreme Court’s View
Under Indian Penal Code, death is the punishment that must be awarded for murder by a person under sentence of imprisonment for life (Sec. 303). This apart, the Penal Code…
Does the Death Penalty work as a deterrent to offenders?
The truth is that some crimes are so outrageous that society insists on adequate punishment, because the wrongdoer deserves it. Whether or not death penalty in actual practice acts as…
The Debate on Death Penalty- Abolitionists and Retentionists
The death penalty is provided under section 302 of Indian penal code, which provides the offence for murder. The Indian Penal Code was drafted by the First Indian Law Commission…
Taking of Cognizance under CrPC- Meaning and Application
Cognizance is an act of the court. The term ‘cognizance’ has not been defined in the Cr.P.C. To understand what this term means we will have to have a look…
Chapter XXXVI of CrPC- Taking Cognizance after period of limitation
Chapter XXXVI empowers the court to take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances…
Limitation Period for Criminal Cases
History The Criminal Procedure Code, 1898 contained no general provision for limitation. Though under certain special laws like the Negotiable Instruments Act, 1881, Trade and Merchandise Marks Act, 1958, the…
Can Magistrate examine advocate instead of accused under section 313?
Section 313 Sub-section (1) of section 313 reads as under: “Power to examine the accused- (1) In every inquiry or trial, for the purpose of enabling the accused personally to…
Is the accused required to present before issuing the process and during inquiry by Magistrate?
It is clear from the entire scheme of Ch. XVI of the Code of Criminal Procedure that an accused person does not come into the picture at all till process…
The power to dismiss the complaint under Section 203 CrPC
Section 203 of the Code of Criminal Procedure which empowers a Magistrate to dismiss a complaint reads thus: ” The Magistrate before whom a complaint is made or to whom…
Who can be arraigned as accused by the court under section 319 CrPC?
Section 319 Cr.P.C. springs out of the doctrine judex damnatur cum nocens absolvitur (Judge is condemned when guilty is acquitted) and this doctrine is used as a beacon light while…