Section 378 in The Code of Criminal Procedure, 1973
378. Appeal in case of acquittal.
- [(1) Save as otherwise provided in sub-section ... subject to the provisions of sub-sections (3) and (5),- (a) the District Magistrate may in any case, direct the Public Prosecutor to present
controlled by Section 147
and the scheme contemplated by Section 320 of the Code of
Criminal Procedure [Hereinafter ` CrPC '] will ... Stricto sensu, however,
the table appended to Section 320 of the Code of
Criminal Procedure is not attracted as the
provisions mentioned therein refer only
Appeals.—
(1) Notwithstanding anything contained in the Code of Criminal Procedure,1973 (2 of 1974), an appeal shall lie, from any judgment, sentence or order ... Notwithstanding anything contained in sub-section (3) of section 378 of the Code of Criminal Procedure, 1973 (2 of 1974), an appeal shall
Section 120-
B IPC, sub-Sections (2), (3) & (5) of Section 3 and Section 4(b) of POTA and
Sections 3 & 4 ... 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
criminal appeal or even suo motu
particularly, in view of the provisions of Section 362 of the Code of
Criminal Procedure, 1973 (hereinafter called ... Cr.P.C. closely resemble Section
151 of Code of Civil Procedure, 1908, (hereinafter called the ` CPC '),
and, therefore, the restrictions which
complete code on the subject it
covers. He referred to how the NDPS Act sometimes overrides the
Code of Criminal Procedure , 1973 (“ CrPC ... section 41 or section 42 officer
was also hit by section 25 of the Evidence Act. He added that the
special procedure in section
observed:
13
“6. It is undoubtedly true that Section 438 of the Code of Criminal
Procedure, which is available to an accused in respect ... impugned
provision under Section 18 , which is before us. The exclusion of
Section 438 of the Code of Criminal Procedure in connection with
offences under
view of
Section 18 of the Act, there is no application of Section 438 of the
Code of Criminal Procedure but in view ... Notwithstanding anything contained in
sub-section (3) of Section 378 of the Code of
Criminal Procedure, 1973 (2 of 1974), an appeal
shall
4-6 and 8-
Sessions Case-Whether trial Court entitled to call for
statements of witnesses recorded by a Commission of Inquiry.
Criminal Procedure Code ... proceedings subject, of course, to Jail
Regulations. Section 2 (p) Criminal Procedure Code defines
`place' as including a house, building, tent, vehicle and
vessel
acquitted co-accused Pooran Singh
recorded under Section 164 of Criminal Procedure Code [for short
' Cr.P.C ] by Shri D.K. Palliwal ... Officer claims to
have recorded statement of the child witness under Section 161 Cr.P.C
on the next day of the incident
