This is a reference made under Section 318 of the Code of Criminal Procedure by the Addl. Sessions Judge, Balod, Distt. Durg (CG) in Sessions ... offence punishable under Section 376(2)(f) of IPC and referred the matter to this Court under Section 318 , Cr.PC, for passing an appropriate
before the Court can refer a case under Section 341 (analoguous to Section 318 of present Cr.P.C .) for orders to the High Court ... procedure prescribed under Section 341 , Cr.P.C. should be followed.
9. It has to be noticed that in so far as Section
RESPONDENT
(By Sri.M.J.Alva, Adv.)
Crl.R.C. is registered as required under Section
318 Cr.P.C. as per the order ... IPC . Accused
No.1 is deaf and dumb. Therefore, the learned Sessions
Judge has made a reference under Section 318 Cr.P.C.
Crl
Section 319 Cr.P.C., this Court held that the power is discretionary and
should be exercised only to achieve criminal justice and that ... shell, it means that for exercise of discretion under
Section 318 Cr.P.C, all relevant factors, including the one noticed above,
have
Veerendra vs State Of Madhya Pradesh on 13 May, 2022
Author: Indira Banerjee
Bench: C
Section 81 IPC. One of its exception is Section 84 IPC dealing with overt acts of persons of unsound mind.
13. The very Section ... person, unable to understand the Court proceedings is dealt with under Section 318 Cr.P.C., while the case of a insane (non compos mentis
Judgment
1. This is an office reference made under Section 318 of the
Criminal Procedure Code, 1973 (in short ' ... then, it referred the matter to this Court under Section
318 of the Cr.P.C. for passing appropriate order.
4. Learned counsel appearing
under Sections 302 read with Section 34 IPC and Section 324 read with Section 34 IPC. Under Section 302 read with 34 IPC , the accused ... Section 318 of the code corresponds to Section 341 of the old Code (Act V/1898). Section 318 reads as follows:
"318. Procedure where
what is the effect of Section 399 read with Section 3 of the Code of Criminal Procedure, and with Section ... having provided in Section 2 of Act V of 1876 for the gradual repeal of Section 318 of the Criminal Procedure Code
318 of the
Code of Criminal Procedure, 1973 (for short CRPC) have not been followed
which sum and substance provide that while trying ... 318
of CRPC. In order to appreciate the said issue, it is apposite to refer certain
provisions of the Code of Criminal Procedure
