Section 374 crpc. Hierarchy of Criminal Courts & Jurisdiction 2019-01-08

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Section 374 Appeal from conviction

section 374 crpc

It is true that P. Security for unexpired period of bond. Uttar Pradesh: After sub-section 3 , the following sub-section shall be inserted, namely. Remarks respecting demeanour of witness. Special summons in cases of petty offence. P1, lot of discrepancies are noticed, and they are all subsequent developments which have been made in order to rope in A-1 and A-2; that the lower Court was not prepared to accept the case of the prosecution in respect of A-2 who was actually the servant maid with whom, according to the prosecution, A-1 developed illicit intimacy which was the reason for the whole trouble; that the reasons which were adduced by the trial Court for rejecting the case of the prosecution in respect of A-2, are equally applicable to A-1 also; that under the circumstances, A-1 should have also been acquitted of the charge, but not done so; that as far as the claim made by the prosecution as if the recovery of the material objects was made pursuant to the confessional statement voluntarily given by A-1 to the Investigator, was concerned, the only witness examined was P.

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CrPC 374: Section 374 of the Criminal Procedure Code

section 374 crpc

The rest are accessories to the process like the police, public prosecutors, defence counsels, prison authorities etc. Courts by which offences are triable. Additional District Sessions Judge, Fast Track Court No. State of Punjab31 and Machhi Singh v. Where after the making of an order under sub-section 1 of section 105E or the issue of a notice under section 105G, any property referred to in the said order or notice is transferred by any mode whatsoever such transfer shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central government under section 160H, then the transfer of such property shall be deemed to be null and void.


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Appeals from convictions

section 374 crpc

An appeal is a method of correction of manly error or solution of human frailty. Power to stop proceedings in certain cases. An Additional Sessions Judge or Assistant Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try. Act 1 of 1984, sec. It usually commences with facts and must indicate careful analysis of evidence. It is thus possible that even a judge may err or commit mistake and his decision may be wrong or faulty. In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal may be proved, in addition to any other mode provided by any, law for the time being in force, — a By an extract certified under the hand of the officer having the custody of the records of the court in which such conviction or acquittal was held, to be a copy of the sentence or order, or b In case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was undergone, or by production of the warrant of commitment under which the punishment was suffered.

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CrPC 372: Section 372 of the Criminal Procedure Code

section 374 crpc

Recall of witnesses when charge altered. Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 204 that the offence is triable exclusively by the Court of Session, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the case comes within sub-section 3 of this section. Sentences, which Magistrates may pass. 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. Report of investigation by subordinate police officer.

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Section 374 of Code of Criminal Procedure, 1973 (Cr.P.C.)

section 374 crpc

Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 374-- Murder - Appeal against conviction - Admittedly, complainant party illegality entered into field of accused in between 4-5 a. Application to High Court to set aside declaration of forfeiture. Both the learned trial Judge and the High Court are clearly wrong in not considering this aspect of the matter and thus fell into a serious and clear error. The case was committed to Court of Session, and necessary charge was framed. Postponement of issue of process. Mike Dottridge Former Director of Anti-Slavery International at the public hearing on the social clause: Human rights promotion or protectionism? Reports of certain Government scientific experts. Conviction on plea of guilty.


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Indian Kanoon CrPC Section 374

section 374 crpc

Similarly, the Assistant Sessions Judge can pass any sentence except for death sentence and life imprisonment or imprisonment exceeding 10 yrs. The learned Senior Counsel for the appellant commented over this by stating that according to P. Sentences which High Courts and Sessions Judges may pass. The appeal lies to Court of Session, except, of course, in cases where under sub-s. His evidence is also in tune with that of D.

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Indian Kanoon CrPC Section 374

section 374 crpc

Local Jurisdiction of Executive Magistrates. Though she took all steps to save the child, she could not; but, the child met its end. Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge or such child, and may compel compliance with such order, using such force as may be necessary. When a Presiding Judge or magistrate has recorded the evidence of a witnesses, he shall also record such remarks if any as he thinks material respecting the demeanour of such witness whilst under examination. Recording of confessions and statements.

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372, 373, 374 CRPC

section 374 crpc

Nothing in this Chapter shall apply to any Juvenile or Child as defined in sub-clause k of section 2 of the Juvenile Justice Care and Protection of Children Act, 2000 56 of 2000. Now the Motor Vehicles Act, 1988 59 of 1988. It is judicial scrutiny which is warranted in respect of the depositions of all witnesses for which different yardsticks cannot be prescribed as for those different categories of witnesses. Such fine may, wholly or in part, be used for the purpose of compensating the victim as per the amendment of 2009. A right of Appeal is not a natural or inherent right.

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