view of express stipulation contained in Section 167 of the
Code of Criminal Procedure, 1973. Also, in case where an
accused is released on anticipatory ... true legal position,
thus,
“(1) The power under Section 438 , Criminal
Procedure Code, is of an extraordinary
character and must be exercised sparingly in
exceptional
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
Special Courts. Similarly Section 31
deals with Application of Code of Criminal Procedure , 1973 to
proceedings before a Special Court; whereas, Section 33 deals
with ... profitably
referred in this regard:-
"31. Application of code of Criminal Procedure,
1973 to proceedings before a Special Court.- Save
as otherwise provided
limiting the scope of the applicability of the provisions of
Criminal Procedure Code regarding bail, in our view, it
cannot be held that the High ... Court's powers to grant
bail under Section 439 Criminal Procedure Code are
.
not subject to the limitation mentioned under Section 37
of Narcotic
What is the interplay between the provisions of the
Code of Criminal Procedure (hereinafter referred to as
“ CrPC ” for short) and the Drugs ... rules made thereunder.
22(2)The provisions of the Code of Criminal
Procedure , 1973 (2 of 1974)] shall, so far as
may be, apply
very purpose of the proviso
to Section 167(2) of the Criminal Procedure Code and
further would make an illegal custody to be legal, inasmuch ... accordance with law and in conformity with the
provisions of the Criminal Procedure Code , and as such,
could be violative of Article
judis.nic.in
Crl.R.C.No.78 of 2020
19. Chapter VIII of the Criminal Procedure Code .—This consists of
sections ... proceeding in a
criminal court is a judicial proceeding. Section 4 , sub-section (m), of the
Code of Criminal Procedure defines a judicial proceeding
This Transfer Petition is filed under section 406
of the Code of Criminal Procedure, 1973 (for short
“ CrPC ”) read with Order XXXIX ... Criminal
Procedure in 1973 as there existed conflict in the
decisions of various High Courts as regards
commission of offence of criminal misappropriation
and criminal
cognizable and non-bailable-(1)
Notwithstanding anything contained in the Code
of Criminal Procedure , 1973 (2 of 1974)--
(a) every offence punishable under this ... section (1) are in addition to the
limitations under the Code of Criminal Procedure ,
1973 (2 of 1974) or any other law for the time
possible also to bear in mind the procedure as laid down in the Criminal Procedure Code for trial of summons cases. Section 14 prescribes ... significant departure from the power and procedure for arrest and detention as contained in the Criminal Procedure Code . Upon a holistic consideration of the provisions
