triable under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code, give notice ... section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code.] [Inserted by Criminal Law (Amendment
Section 82 in The Code of Criminal Procedure, 1973
82. Proclamation for person absconding.
(1) If any Court has reason to believe (whether after taking ... 436, 449, 459, or 460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time
chapter XXXIII of the Code of Criminal Procedure , 1973.
5
Section 436 deals with situation, in what kind of cases bail
should be granted. Section ... could
be granted were sections 437 and 439 of the Code. Section 438
was incorporated in the Code of Criminal Procedure , 1973 for the
first
final report on a wrong interpretation of Section 170 of the Code of Criminal
Procedure (hereinafter referred to as “the Code” for short), an endeavour ... that the principle to be deduced from the various sections in the
Criminal Procedure Code was that grant of bail is the rule and refusal
under Section 438 of the Code is exactly
like the orders of bail passed under Sections 437 and 439 of
the Code; the Code does ... 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
provisions of Law,
Section98(2) of Gujarat Prohibition Act , it will prevail over the
procedural law I.e. Criminal Procedure Code , Section451.
Therefore ... Constitution
of India and generally the Criminal Courts by virtue of Section 4 of the
Criminal Procedure Code, should try the offence. Section
words ?Nothing in this Code? in Section 482 of
the Code of Criminal Procedure, but, the
powers under Section 482 of the Code of
Criminal ... Section 19(3)(c) of the 1988 Act.
(e) The exercise of power either under Section
482 of the Code of Criminal Procedure or under
Report
under Sections 420 / 468 / 471 / 34 / 120-B IPC can be
quashed either under Section 482 of the Code of
Criminal Procedure or under ... Code to quash
Criminal proceedings or FIR or complaint were
4
not circumscribed by Section 320 of the Code of
Criminal Procedure.
5. While
Section 436 in The Code of Criminal Procedure, 1973
436. In what cases bail to be taken.
(1) When any person other than a person ... provisions of sub-Section (3) of Section 116 [or section 446-A] [Inserted by Act 63 of 1980, Section
Section 120B read with Sections 302 & 307 read with Section 120-
B IPC, sub-Sections (2), (3) & (5) of Section 3 and Section ... Section 302 read with Section 120-B IPC (it would be more
appropriate to say Section 120-B read with Section 302 IPC) and Section
