Commission submitted in the year 2001, Section
41 of the Code of Criminal Procedure (for short ‘ Cr.PC ), in the present
form came ... vitalised. Section 41A as inserted by Section 6 of the Code of
Criminal Procedure (Amendment) Act, 2008(Act 5 of 2009), which is relevant
sections 436 to 450
of chapter XXXIII of the Code of Criminal Procedure , 1973.
5
Section 436 deals with situation, in what kind of cases ... were sections 437 and 439 of the Code. Section 438
was incorporated in the Code of Criminal Procedure , 1973 for the
first time
Crl.) No. 5986 of 2006
S.L.P. (Crl.) No. 5200 of 2009
3 CRIMINAL APPEAL No. 1410 OF 2011
4
5 CRIMINAL APPEAL ... appellant in Criminal
Appeal No. 1410 of 2011, after tracing the earlier history, viz., the
relevant provisions in the Code of Criminal Procedure
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
section 100 of the [Code of Criminal Procedure, 1882 (10 of 1882)] [Now see Section 97, Criminal Procedure Code
will be
appropriate to refer to Section 351 of the Criminal Procedure Code,
1898 (hereinafter referred to as `Old Code’), where an analogous
provision existed ... scheme of the trial
of a criminal case under the Code of Criminal Procedure , 1973,
viz., Chapter XIV “Conditions requisite for initiation of
proceedings” containing
discretion of the investigating officer. Section 41 of the Code of Criminal Procedure provides for arrest by a police officer without an order from ... Court in this case, the provisions of the Code have been amended by Code of Criminal Procedure (Amendment) Act, 2005 by which Section
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
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
criminal appeal @ SLP(Crl.) No.
9860/2013 is concerned, original accused were facing the
criminal proceedings for the offences under Section 394 of the
IPC ... court while dealing with a petition
under Section 482 of the Criminal Procedure Code.
Subject to the above, the High Court will have to
consider
