The Magistrate tendering pardon has to record the reason for granting pardon. Section 319 empowers the Court to proceed against any person not shown or mentioned as accused if it appears from evidence that such person has committed an offence for which he could be tried together with the main accused against whom an enquiry or trial is being held. But he should exercise the power in exceptional circumstances. If, at any time, after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered. So the High Courts of England , Japan, Burma ,Ceylon and other countries are Foreign Courts. Procedure for executing a Warrant As per section 75, A warrant can be executed by showing the substance of the warrant to the person being arrest.
As per section 262 2 no sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this chapter 21. These Acts defines certain activities related to the focus of the Act as offences. The Magistrate may make a condition that if the approver fails to make a full disclosure of the facts, he may be prosecuted. It was also held in State of U. It was also held in case of A.
Any Police officer receiving such order may exercise the same powers in respect of the investigation except the power to arrest without warrant as an Officer—in-charge of a police station may exercise in cognizable case. Arrest to prevent a cognizable offence:- Another situation of a police officer arresting any person without the order or warrant from magistrate has been provided in sec 151 of the code. Ombudsmen in most countries do not have the power to initiate legal proceedings or prosecution on the grounds of a complaint. Oor trial of warrants cases by Magistrate two procedures are prescribed. The British parliament passed the Criminal Procedure Code, 1861 which continued till post-Independence era and was amended in 1969. Code deals only for the public cases not in the nuisance of private cases.
As per Section 204, if in the opinion of the magistrate taking cognizance of the offence, there is sufficient ground for proceeding, and if the cases is a warrant case, he may issue a warrant or if he thinks fit, he may issue a summons. Sentences which Magistrates may pass:- Sec. Arguments:- When the examination of witnesses for the defence is complete the prosecutor shall sum up his case and accused shall be entitled to reply. Provisions for Bail can be categorized by the type of offence committed i. However it has also been made clear by the Supreme Court a new provision under the code under section 155 4 which incorporates a view of Supreme Court that where a case relates to two or more offences of which at least one is cognizable the case shall be deemed to be a cognizable case, in-spite of the fact that other offences are non-cognizable, where there are both cognizable and non-cognizable offences mixed together the Police Officer can investigate even if there is single cognizable offence. This allows him to move the proper court for bail, make a writ petition for habeas corpus, or make appropriate arrangements for his defence. Apart from the above, a Second Class Magistrate may, if so empowered by the High Court, summarily try an offence punishable with fine or with imprisonment not exceeding six months or the abettment or attempt to commit such an offence.
C-1973 provides that the judgement in every trial in any criminal shall be pronounced in the open court by the presiding officer just after the completion of the trail or at some subsequent time which notice shall be given to the parties or their advocates. This section has a three-fold object that to inform the District Magistrate and Supdtt. The defense can also produce its witnesses and the said witnesses are cross- examined by the prosecution. Introduction:- Generally, a person is arrested by the order of the magistrate or by a warrant. This allows the arrested person and his well wishers to take appropriate legal steps to secure his release. Under this section, an accused shall not be administered an oath and the accused may refuse to answer the questions so asked. In Shivaji Sampat Jagtap v.
The period can be extended for special reason. This only increases the importance of the police officer in charge of a police station. Then, the charge shall be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried. By virtue of Section 143 of N. At present there are several schemes through which an indigent accused can get free legal aid such as Legal Aid Scheme of State, Bar Association, Legal Aid and Service Board and Supreme Court Senior Advocates Free Legal Aid society.
What law prescribes the geographical discrimination implicit in asking for sureties from the court district? Equally important, the burden of his detention frequently falls heavily on the innocent members of his family. Do you want to share anything with us???. Warrantcase case means a case relating to an offence punishable with death, or imprisonment for life, or imprisonment for a term exceeding two years while summonscases means an case relating to an offence, and not being a warrantcase. The purpose of arrest and detention of a person is primarily to make sure that the person appears before the court at the time of trial and if he is found guilty and is sentenced to imprisonment, he must be made available to serve his sentence. Order to pay costs in non-cognizable cases: — Sec. These matters are dealt with in separate acts such as The Prisons Act 1894, The Prisoners Act, 1900, and the Probation of Offenders Act 1958.
If the accused refuses to plead or does not plead or claims to be tried he shall be required to state whether he wanted to cross examine any witnesses for the prosecution whose evidence has been taken. Since denial of bail amounts to deprivation of personal liberty, the court should lean against the imposition of unnecessary restrictions on the scope of Section 438, especially when no such restrictions have been imposed by the legislature in the terms of that section. Section 446 A - When a bond for appearance of a person is forfeited for a breach of condition, the bond executed by the person and the sureties shall stand canceled. That the person shall not leave India without previous permission of the court. It has been held that the charge may be explained to the counsel of the accused and he may be allowed to plead or not to plead on behalf of the accused.