Section 167- Provision, Legislative History, and Analysis
Section 167 Section 167 Cr. P.C. 1973 after some changes reads as under: “167. Procedure when investigation cannot be completed in twenty-four hours.- (1) Whenever any person is arrested and…
Taking of Cognizance under Sections 190 And 193 of CrPC
Section 190 and Section 193 “190. Cognizance of offences by Magistrates. – (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of…
Supreme Court’s Direction to Prohibit Smoking at public places
In the case of ‘Murli S. deora v. Union of India (2001)’, a petition came before the Supreme Court to prohibit smoking in public places. In the petition, it was…
Sufficiency of the circumstantial evidence for sustaining criminal conviction
The legal position with respect to the sufficiency of the circumstantial evidence for sustaining criminal conviction is well settled. The circumstances established on the record according to the law of…
Reasonable doubt and Residual doubt while convicting an accused
An accused has a profound right not to be convicted of an offence which is not established by the evidential standard of proof “beyond reasonable doubt”. Supreme Court in Krishnan…
Discharging of an accused under CrPC
Under section 209 of the Code of 1898 the question of discharge was to be considered by a Magistrate. This power has now been entrusted to a senior Judge, namely,…
Understanding Section 41,(CrPC) 1973: Arrests without Warrant
Section 41 of the Code of Criminal Procedure (CrPC) 1973 is a crucial provision that deals with the power of the police to make arrests without a warrant
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…
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…