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…
Adverse possession: Law Commission said ‘No reason for increasing the period of limitation’
The concept of adverse possession contemplates a hostile possession
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…
On what basis the court can take cognizance under section 319 of 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…
What is the degree of satisfaction required for invoking the power under Section 319 Cr.P.C.?
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…
At which stage Power under Section 319 of CrPC can be exercised by Court?
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…
The court cannot re-write, recast or reframe the legislation, it has no power to legislate- Supreme Court
The court cannot proceed with an assumption that the legislature enacting the statute has committed a mistake and where the language of the statute is plain and unambiguous, the court…
What are the stages of Inquiry and when Trial starts?
Inquiry The stage of inquiry commences, insofar as the court is concerned, with the filing of the charge-sheet and the consideration of the material collected by the prosecution that is…
The Power under Section 319 Cr.P.C
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…