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…
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…
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…
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…