bailable. (2) Notwithstanding anything contained in the Code of
(1) Notwithstanding contained in the Code of Criminal Procedure , 1973 (2 of 1974), no
Criminal Procedure ... seven years and with fine. The Second Schedule to the
Criminal Procedure Code relates to classification of offences against other
laws and in terms
IPC can be
quashed either under Section 482 of the Code of
Criminal Procedure or under Article 226 of the
Constitution, when the accused ... Code to quash
Criminal proceedings or FIR or complaint were
4
not circumscribed by Section 320 of the Code of
Criminal Procedure.
5. While
complete code on the subject it
covers. He referred to how the NDPS Act sometimes overrides the
Code of Criminal Procedure , 1973 (“ CrPC ... person who has been arrested. Coming to the provisions
of Code of Criminal Procedure , Section 161 empowers a
police officer making an investigation to examine
there was no provision
similar to Section 438 in the old Criminal Procedure Code . The Law
Commission in its 41st Report recommended introduction ... recommendation,
Section 438 was incorporated, for the first time, in the Criminal
Procedure Code of 1973. Looking to the cautious
recommendation of the Law Commission
Section 300 in The Code of Criminal Procedure, 1973
300. Person once convicted or acquitted not to be tried for same offence.
(1) A person
CRL) 354
Author: P. Sathasivam
Bench: Swatanter Kumar , P. Sathasivam
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL ... Supreme Court (Enlargement of Criminal Appellate
Jurisdiction) Act, 1970 and under Section 379 of the
Criminal Procedure Code against the final judgment and
1
order
commitment. [224 G-H, 225 A-C]
8. The procedure provided in Criminal Procedure Code
for imposing capital punishment for murder and some other
capital ... history of the relevant
provisions of the Indian Penal Code and the Code of Criminal
Procedure , it is clear that in our country there
recording of statements of
witnesses under Section 161 of the Code of Criminal Procedure ( CrPC ), the
medical examination, holding of the test identification ... IPC to run
concurrently and that the benefit under Section 428 CrPC would be given
wherever applicable. He further recommended that appropriate compensation
read with 34 of the
Indian Penal Code , 1860 ( IPC ). He was serving as Director of
Technical Education in the State of Maharashtra ... away, there has to be fair, reasonable
and just procedure. Referring to Section 41(1)(b) Cr.P.C. it was
submitted that arrest could
information” without qualifying the said word. Section 139 of the
Code of Criminal Procedure of 1861 (Act 25 of 1861) passed by the
Legislative Council ... undoubtedly true that Section 438 of the Code of Criminal
Procedure, which is available to an accused in respect of offences
under the Penal Code