Various Indian laws in relation to Criminal Procedure Code

Manmohan_MMY

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In this thread I intend to provide information relation to the various laws which exist under the provisions of the Criminal Procedure Code of India. I intend to start posting in this thread as soon as possible in order to provide information and create awareness in relation to the various laws which exist and also the rights of the individual charged or an individual aggrieved
 

Manmohan_MMY

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The main object of the code of criminal procedure, 1973 is to provide a mechanism for the sound administration of criminal justice and ensures the accused, a full and fair trial. It provides for effective administration of criminal justice and made various provisions relating to the prevention of offences, removal of public nuisance and maintenance of wife, children and parents. The Preamble of the code states that, it is an act to consolidate and amend the law relating to criminal procedure

- By advocate Prashant Narwade in Aarti Publications
 
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Manmohan_MMY

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The criminal law or law of crimes speaks about crimes. The word crime is not defined anywhere in the Act. It is a public wrong and is an offence against the community or society as a whole. The word offence is used in place of crime under the section 40 of the Indian Penal Code, 1860, the word offence is an act punishable by the court. Section 2n of the code of criminal procedure 1973, offence means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the cattle trespass act 1871

- By advocate Prashant Narwade in Aarti Publications
 
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Vicky

Rajaraja Chola
Dec 1, 2017
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The main object of the code of criminal procedure, 1973 is to provide a mechanism for the sound administration of criminal justice and ensures the accused, a full and fair trial. It provides for effective administration of criminal justice and made various provisions relating to the prevention of offences, removal of public nuisance and maintenance of wife, children and parents. The Preamble of the code states that, it is an act to consolidate and amend the law relating to criminal procedure

- By advocate Prashant Narwade in Aarti Publications
I have always wondered on Traffic criminal regulations in India. For example, if one driver under no alcohol, under speed limit, under no distractions like Mobiles is involved in an accident that may not be his fault, but can result in one death, whats the procedure to deal with it? Just wondering. These are small things but many dont know it and police take poor for a ride. In countries like Canada, the law is clear. The insurance takes care of the family.
 
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Manmohan_MMY

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Nov 30, 2017
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I have always wondered on Traffic criminal regulations in India. For example, if one driver under no alcohol, under speed limit, under no distractions like Mobiles is involved in an accident that may not be his fault, but can result in one death, whats the procedure to deal with it? Just wondering. These are small things but many dont know it and police take poor for a ride. In countries like Canada, the law is clear. The insurance takes care of the family.
Whoever commits culpable homicide not amounting to murder shall be punished with [imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

CLASSIFICATION OF OFFENCE

Punishment Imprisonment for 10 years, or fine, or both Cognizable Non-bailable Triable by Court of Session Non-compoundable.

Where the accused, who inflicted fatal injury to deceased which caused his death, without intention to kill him is liable to be convicted under section 304 Part II
 
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Manmohan_MMY

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Explanation / meaning of complaint

Section 2D of the CrPC says, contain means and alligation made Orra Leone writing to megistrate with a view to his taking action under this code that some person within an hour or known as committed an offence but does not include a police report

In simple words a report made by a police officer in case which discloses after investigation shall be Deemed to be a complaint and the police officer by home says report is made shall be Deemed to be the complainant

- By advocate Prashant Narwade in Aarti Publications
 

Vicky

Rajaraja Chola
Dec 1, 2017
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377
Canada
Whoever commits culpable homicide not amounting to murder shall be punished with [imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

CLASSIFICATION OF OFFENCE

Punishment Imprisonment for 10 years, or fine, or both Cognizable Non-bailable Triable by Court of Session Non-compoundable.

Where the accused, who inflicted fatal injury to deceased which caused his death, without intention to kill him is liable to be convicted under section 304 Part II
The one mentioned above has a lots of assumptions in the form "or". Of course its purely non intentional and maybe even the fault of the deceased. Again if there are no witness to the incident how will the Police turns the issue.

I have an interesting case which happened to my friend in Coimbatore. He and his office colleagues were going in bikes. An drunken guy came came in their name and hit my friend and both fell to the ground. The drunken guy had an head injury (no blood), but his family came and pleaded with my friend not to take it to the police as he is mentally unsound. So he didnt report it to police and he went to hospital to aid to his injuries and paid for small damages to the bike himself.

Now the interesting thing happened. The guy died 2 days later cos of the head injury. The deceased guy relatives forced his then minor son(17) to give complaint against my friend with the intention of getting some compensation cos the family is poor. Now the police arrested him for a day but sent him away the next day after filing of FIR. The police said its your fault for not reporting the accident within 2 hours, asked receipts for bike repair and for the hospital bills for his injuries(not so much as it was few scratches and small clinics and mechanic shops dont give out bills)and as such evidence is not on his side even though his colleagues are sticking up with him. The case is not coming up for hearing in court, in effect the FIR is still sticking up on him and it will prevent him from moving to other countries for any work or tourist purposes. (Though he managed to go Indonesia twice). But countries like Singapore, US, EU will have different rule game. His boss friend is representing him for free as a token of friendship. But his case is not moving. Police is asking for bribe if they want his case file to be moved up.

Honestly man Indian justice system is like.............headache.........
 

Manmohan_MMY

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Section 2c of the Criminal Procedure Code States, cognizable offence means any options for which a police officer May in accordance with the first schedule or under any other law for the time being in force arrest without warrant
 

Manmohan_MMY

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Section 2 I of The Criminal Procedure Code States, non cognizable offence means an offence for which a police officer has no authority to arrest without warrant
 

Manmohan_MMY

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The term trial has not been defined in the code of criminal procedure. It is usually defined as the conclusion by a competent Tribunal, a question of issue of legal proceeding, whether Civil or criminal
 

Manmohan_MMY

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Bailable offence
Under section 2a of CRPC, bailable offence means an offence which is shown as bailable in the first schedule or which is made bailable by any other law for the time being in force; (ii) in this bail is a matter of right for example and offence of voluntary causing hurt
 

Manmohan_MMY

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Non bailable offences
Section 2A of Criminal Procedure Code 1973 States, non bailable offence means any other offence; (ii) these offences are Grave and serious; (iii) in this bail is a matter of discretion, for example an offence of Murder
 

Manmohan_MMY

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Bail

There is no definition of bail given in the code of criminal procedure 1973, although bailable offences and non bailable offences have been defined. Bail has been defined as a security question given or undertaken for the appearance of the accused person from legal custody, by undertaking he/she shall appear at the time and place designated and submit himself/herself to the jurisdiction and judgement of the court
 

Manmohan_MMY

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Appeal

An appeal means the transference of a case from an inferior code to a higher Court in the hope of reversing or modifying the decision of the former. It is also defined as the right of taking a particular case from an inferior to Superior Court with a view to ascertain whether the judgement of a Lower court is sustainable