Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided a If the courts are subordinate to the same High Court, by that High Court; b If the courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon all other proceedings in respect of that offence shall be discontinued. CommentsIt is settled law that no order to the prejudice of an accused or any other person can be madeunless the said accused or the said person has been given an opportunity of being heard; mohd. The Criminal Law Second Amendment Act, 1983 46 of 1983 6. Search of arrested persons 1 Whenever a person is arrested by a police officer under a warrant which does not provide forthe taking of bail, or under a warrant which provides for the taking of bail but the person arrestedcannot furnish bail, and whenever a person is arrested without warrant, or by a private personunder a warrant, and cannot legally be admitted to bail, or is unable to furnish bailThe officer making the arrests or, when the arrest is made by a private person, the policeofficer to whom he makes over the person arrested, may search such person, and place in safecustody all articles, other than necessary wearing-apparel, found upon him and where any articleis seized from the arrested person, a receipt showing the articles taken in possession by the policeofficer shall be given to such person 2 Whenever it is necessary to cause a female to be searched, the search shall be made byanother female with strict regard to decency52. Discharge of person informed against.
Procedure in case of insolvency or death of surety or when a bond is forfeited. Police to prevent cognizable offences -Every police officer may interpose for the purpose of preventing, and shall, to the best of hisability, prevent, the commission of any cognizable offence. On examining any record under section 397 or otherwise, the High Court or the Sessions Judgemay direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate tohim to make, and the Chief Judicial Magistrate may himself make or direct any subordinateMagistrate to make, further inquiry into any complaint which has been dismissed under section203 of sub-section 4 of section 204 or into the case of any person accused of an offence whohas been discharged: Provided that no Court shall make any direction under this section for inquiry into thecase of any person who has been discharged unless such person has had an opportunity ofshowing cause why such direction should not be made. Uttar Pradesh: In section 11, the following sub-section shall be inserted, namely. Complainant and witnesses not to be required to accompany police officer and not tobe subject to restraintNo complainant or witness on his way to any Court shall be required to accompany a policeofficer, or shall be subject to unnecessary restraint or inconvenience, or required to give anysecurity for his appearance other than his own bond:Provided that, if any complainant or witness refuses to attend or to execute a bond asdirected in section 170, the officer in charge of the police station may forward him in custody tothe Magistrate, who may detain him in custody until he executes such bond, or until the hearingof the case is completed172. No appeal to lie unless otherwise provided.
Order for custody and disposal of property pending trial in certain cases. When accused does not have sufficient means to engage pleader, the Session Court may assign pleader for defence at expense of the state, it is insured by which section of Cr. Illustrations a A is charged under section 407 of the Indian Penal Code 45 of 1860 with criminal breach of trust in respect of property entrusted to him as a carrier. Provided that such direction is not repugnant to any direction previously issued by theHigh Court or the Supreme Court under the Constitution, or under this Code or any other law forthe time being in force186. A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark or buoy or other mark used for navigation. Amount of bond and reduction thereof.
Place of inquiry or trial. Special reasons to be recorded in certain cases. When any Court has under section 345 adjudged an offender to punishment, or has under section 346 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction. The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by a pleader. Duty of officers employed in connection with the affairs of a village to make certain report.
CommentsThere is no denying that the dismissal of the complaint in default under section 256 entails theacquittal of the accused. Medical examination of the victim of rape. When accused shall be discharged. The Code of Criminal Procedure Amendment Act, 1993 40 of 1993 10. The judgment delivered by the Court under section 265G shall be final and no appeal except the special leave petition under Article 136 and writ petition under articles 226 and 227 of the Constitution shall lie in any Court against such judgment.
Appeal from orders requiring security or refusal to accept or rejecting surety forkeeping peace or good behaviour. Ins, by Act 25 of 2005, sec. Resumption of inquiry or trial. Chapter by any order made by it, and the District Magistrate, in the case of an order passed by anExecutive Magistrate under section 117, or the Chief Judicial Magistrate in any other case maymake such cancellation where such bond was executed under his order or under the order of anyother Court in his district 10 Any surety for the peaceable conduct or good behaviour of another person, ordered toexecute a bond under this Chapter may at any time apply to the Court making such order tocancel the bond and on such application being made, the Court shall issue a summons or warrant,as it thinks fit, requiring the person for whom such surety is bound to appear or to be broughtbefore it124. Aid to person, other than police officer, executing, warrant.
Statement by Metropolitan Magistrate of grounds of his decision to be considered byHigh Court. Power to restore possession of immovable property. Local Jurisdiction of Executive Magistrates 1 Subject to the control of the State Government, the District Magistrate may, from time totime, define the local limits of the areas within which the Executive Magistrates may exercise allor any of the powers with which they may be invested under this Code 2 Except as otherwise provided by such definition, the jurisdiction and powers of every suchMagistrate shall extend throughout the district23. Procedure when Magistrate cannot pass sentence sufficiently severe. Act,then the accused not entitled to grant of interim bail; Islamuddin v.
Where any such case is heard before a Bench of Judges and such judges are equally divided in opinion, the case shall be decided in the manner provided by section 392. Summary procedure for punishment for nonattendance by a witness in obedience to summons. Security for keeping the peace in other cases 1 When an Executive Magistrate receives information that any person is likely to commit abreach of the peace or disturb the public tranquillity or to do any wrongful act that may probablyoccasion a breach of the peace or disturb the public tranquillity and is of opinion that there issufficient ground for proceeding, he may in the manner hereinafter provided, require such personto show cause why he should not be ordered to execute a bond with or without sureties forkeeping the peace for such period, not exceeding one year, as the Magistrate thinks fit 2 Proceeding under this section may be taken before any Executive Magistrate when either theplace where the breach of the peace or disturbance is apprehended is within his local jurisdictionor there is within such jurisdiction a person who is likely to commit a breach of the peace ordisturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction 86. No influence to be used to induce disclosure. If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,- a if the complaint is in writing, return it presentation to the proper Court with an endorsement to effect; b if the complaint is not complainant to the proper Court. Sentences, which Magistrates may pass. Expenses of complaints and witnesses.
Order for maintenance of wives, children and parents. Procedure in regard to such evidence when completed. Act 1 of 1984, sec. Local jurisdiction of Executive Magistrates. The provisions contained in this Chapter relating to a summons and warrants, and their issue. Interpreter to be bound to interpret truthfully.
Offence triable where act is done or consequence ensues -When an act is an offence by reason of anything which has been done and of a consequencewhich has ensued, the offence may be inquired into or tried by a Court within whose localjurisdiction such thing has been done or such consequence has ensued180. Magistrate may dispense with personal attendance of accused - 1 Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense withthe personal attendance of the accused and permit him to appear by his pleader 2 But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of theproceedings, direct the personal attendance of the accused, and, if necessary, enforce suchattendance in the manner hereinbefore provided 145. The person injured afterwards dies. Prosecution of commissioner of Receiver appointed by civil court. Inspection of weights and measures. Suspension of sentence pending the appeal; release of appellant on bail. The alleged previous conviction, and shall record a finding thereon: Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 229 or section 235.