Section 401 in The Code of Criminal Procedure, 1973
401. High Court's powers of revision.
(1) In the case of any proceeding the record ... finding of acquittal into one of conviction. (4) Where under this Code an appeal lies and no appeal is brought, no proceeding
Bail-Anticipatory Bail- Section 438 of the Code of
Criminal Procedure Code, 1973 (Act 2 of 1974), Scope of-
Judicial balancing of personal liberty ... Code of Criminal Procedure , 1973
(Act 2 of 1974) thus:
(1) The power under Section 438 , Criminal
Procedure Code, is of an extra-ordinary
character
criminal appeal or even suo motu
particularly, in view of the provisions of Section 362 of the Code of
Criminal Procedure, 1973 (hereinafter called ... courts "are bound by the Penal
Code and Criminal Procedure Code " by the very `oath' of the office.
3
(See: Joseph Peter
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
call for
statements of witnesses recorded by a Commission of Inquiry.
Criminal Procedure Code , 1952: Sections 9(6) , 164 , 194 ,
327 , 354(3) --`Place ... proceedings subject, of course, to Jail
Regulations. Section 2 (p) Criminal Procedure Code defines
`place' as including a house, building, tent, vehicle and
vessel
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
compliant and not in any way repugnant
to the Code of Criminal Procedure , 1973. Many suggestions made as practice directions
reflect the mandatory provisions ... death of a person in police action [under Section 46 Criminal
Procedure Code, 1973(“ Cr.PC ”) or Sections 129 to 131 Cr.PC] or death
noticed earlier in this judgment, Section 2(h) of the 1973 Criminal
Procedure Code defines “investigation” in the same terms as the
27
earlier definition ... Procedure Code with this difference – that “investigation” after
the 1973 Code has come into force will now include all the
proceedings under the CrPC
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
Magistrate dismissing the
complaint under Section 203 of the Criminal Procedure Code, 1973 (for short
‘Code’).
3. It is not necessary ... Ghadigaonker and another [14] with reference to Section 202 of the
Criminal Procedure Code, 1898 (corresponding to Section 202 of the present
Code) held that
