If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides, and thereupon the court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper. A systematic examination of the Code was subsequently undertaken by the Law Commission not only for giving concrete form to the recommendations made in the Fourteenth Report but also with the object of attempting a general revision The main task of the Commission was to suggest measures to remove anomalies and ambiguities brought to light by conflicting decisions of the High Courts or otherwise to consider local variations with a view to securing and maintaining uniformity, to consolidate laws wherever possible and to suggest improvements where necessary Suggestions for improvements received from various sources were considered by the Commission. Cognizance of offences by Courts of Session. Where the case is before the court of Judicial Magistrate in any area in sub-division, where the headquarters of the District Magistrate are situated, by the District Magistrate; or b. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods.
Where the person summoned cannot, by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. Act 24 of 1968 sec. For the Purpose of sub-section 6 , the persons constituting the Haryana State Prosecution Legal Service Group A or Haryana State Prosecution Legal Service Group B , shall be deemed to be a regular Cadre of Prosecuting Officers. Added by Act 45 of 1978 sec. Illustration sub-section 1 a A rescues B a person in lawful custody, and in so doing causes grievous hurt to C, a constable, in whose custody B was, A may be charged with, and convicted of, offences under sections 225 and 333 of the Indian Penal Code 45 of 1860. Any Powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred. Still, I earn very little.
Every person is bound to assist a Magistrate or police officer reasonably demanding his aid- a in the taking or preventing the escape of any other person whom such magistrate or police officer is authorised to arrest; or b in the prevention or suppression of a breach of the peace; or c in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property. 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. Recording of confessions and statements. Warrant may be directed to stay persona. Place of inquiry or trial.
When an act is an offence, due to anything, which has been done, and of a consequence, which has ensued, the offence may be inquired into or tried by a court within whose local jurisdiction such thing has been done or such consequence has ensued. If, upon consideration of the record of the case and the documents submitted herewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing. When in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial; the Magistrate shall satisfy himself that he has complied with the provisions of section 207. The Criminal Procedure Code, 1861 was passed by the British parliament. When the proceedings have been instituted upon complaint and any day fixed for the hearing of the case, the complainant is absent and the offence lawfullly cmpounded or is not a cognizable offence, the Magistrate may in his discretion, notwithstanding anything herein before contained, at any time before the time has been framed, discharge the accused. Code of Criminal Procedure is very comprehensive law with hundreds of section and lengthy schedules at the end of code. He may be convicted of criminal breach of trust under the said section 406.
Medical examination of the victim of rape. Prosecution of offences under section 498A of the Indian Penal Code. The charge should be in those words. No formal proof of certain documents. Judgment in cases tried summarily. Record of evidence in absence of accused. Magistrate may direct search in his presence.
Evidence to be taken in presence of accused. The charge must set out the manner obstructed B in the discharge of his functions. 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. The officer making the arrests or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe Custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person. Illustrations to sub-section 3 i A wrongfully strikes B with a cane. I was ranked one in my law college for 5 out of 10 semesters and also overall for 5 years.
Act 24 of 1988 sec. If, after considering the statements on oath if any of the complainant and of the witnesses and the result of the inquiry or investigation if any under section 202, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false property-mark, without reference to the definition, of those crimes contained in the Indian Penal Code; but the sections under which the offence is punishable must, in each instance, be referred to in the charge. Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district. Issue of warrant in lieu of, or in addition to, summons. The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of this Code and nothing in such other provisions shall be constructed to constrain the meaning of any provision of this Chapter. Magistrate or Magistrate of the first class or Judicial Magistrate of the First Class.
Pursuit of offenders into other jurisdictions. Commitment of case to Court of Session when offence is triable exclusively by it. Reports of certain Government scientific experts. Place of trial for offences triable together. Service of summons on witness by post.
A may be separately charged with and convicted of, offences under sections 3 17 and 304 of the Indian Penal Code 45 of 1860. Rajasthan: In section 24, for sub-section 6 shall be substituted by the following, namely. When an act is an offence by reason of its relation to any other act which is also all offence or which would be an offence if the doer were capable of committing all offence, the first-mentioned offence may be inquired into or tried by a court within whose local jurisdiction either act was done. Procedure in respect of person present in court. The Code has been amended from time to time by various Acts of the Central and State Legislatures The more important of these were the amendments brought about by Central legislation in 1923 and 1955 The amendments of 1955 were extensive and were intended to simplify procedures and speed up trials as far as possible In addition, local amendments were made by State Legislatures of which the most important were those made to bring about separation of the Judiciary from the Executive. Security for good behaviour from habitual offenders.