The code of criminal procedure, 1973 crpc 2nd page. What are some of the mustknow ipc and crpc sections for an. Section 197 of crpc prosecution of judges and public servants 1 when any person who is or was a judge or magistrate or a public servant not removable from his office save by. Discharge under section 239 criminal procedure code, 1973. Section 197 in the code of criminal procedure, 1973. Students will be taught the procedure to be followed by the police, the courts and other stakeholders when a crime has been committed. Pdf crpc pdf download criminal procedure code pdf 2020. Very recently, the delhi high court received a reference under section 395 of the criminal procedure code, 1973 cr. Therefore, the police has the power to directly register the fir under section 154 cr.
Be it enacted by parliament in the twentyfourth year of the republic of india as follows. Whether sanction under section 197 of the code of criminal procedure, 1973 hereinafter referred to as crpc is required to initiate criminal proceedings in respect of offences under sections 420, 468, 477a, 120b read with 109 of the. Supportive contentions a the officials of the public sector undertakings and the government companies which. Crpc 1973 code of criminal procedure sections, law, case. How to prosecute the subinspector, crpc 197 whom to apply. This section also embodies an exception to the general rule that any person having knowledge of commission of an offence may set the law in motion by instituting a complaint of the offence.
A taxpayer shall be entitled to an amortization deduction with respect to any amortizable section 197 intangible. Prevention of corruption act, 1988, section 19, criminal procedure code, 1973, section 197 public servant offence uss 409, 406, 467, 468, 120b ipc and ss. The crpc was created first time ever in 1882 and then amended in 1898, then according to 41st law commission report in 1973. The government of maharashtra last year amended section 1563 and 190 of crpc wherein no complaint can now be filed against public officials without valid sanction from a competent. Summary notes of criminal procedure code, 1973 kcctutorials. Analysis of the crpc amendment by maharashtra government. The provisions of this section apply to cases when the magistrates take cognizance of an offence on complaint under section 190 i a of the code. Here is a beautiful, mobile perfect pdf for criminal procedure code, 1973. The practical lawyer section 197 crpc visavis public. Crpc chapter xxxvi limitation for taking cognizance of certain offences from the code of criminal procedure of 1973, a mobile friendly and searchable bare act, by advocate raman devgan, chandigarh. Code prescribes procedure in respect of criminal justice system in india.
Section 196 in the code of criminal procedure, 1973. The state government may, by notification, direct that the provisions of sub section 2 shall apply to such class or category of the members of the forces charged with the maintenance of public order as may be specified therein. Section 452 empowers the criminal court to pass final orders. Crpccode of criminal procedur free software downloads. Starting from the filing of an fir right to the investigation of. It provides the machinery for the investigation of crime. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or. This course is meant to be an overview of the code of criminal procedure, 1973 crpc which underpins the functioning of the criminal justice system. Prosecution of judges and public servants is defined under section 197 of crpc 1973. The amount of such deduction shall be determined by amortizing the adjusted basis for purposes of determining gain of such intangible ratably over the 15year period beginning with the month in which such intangible was acquired.
When any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take. The code of criminal procedure crpc is the main legislation on procedure for administration of substantive criminal law in india. Objective questions on criminal procedure code 1973. May 14, 2015 ipc indian penal code, 1860 it is a substantive law which lays down definitions of crimes, defines scope and extent of punishments. What is the procedure for filing an application under section 1563 of criminal procedure code before the magistrate to direct the police to conduct investigation in an offence under section 420 ipc cheating case. The code of criminal procedure, 1973 crpc 1st page. Upon the filing of the fir in a cognizable case, the police are required to follow thecrpc or the code of criminal procedure. The law in this regard has been delineated by the apex court more particularly in paragraphs 12 to 21 thereof, after relying on some of the leading decisions on that point, which reads as follows. G who is his appointing authority and not by the state government or central government.
Currently offered and recognized by the issuing organization. When any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court. How to get back property upon conclusion of trial under. Some relevantsectionsofthecrpc linkedin slideshare. The article discusses definition of wife under the aforesaid code especially inadequacy of law in view of bigamous marriage where factum of first marriage is concealed and the second wife disowned becomes destitute but still ineligible for maintenance under the code. Apr 07, 2016 maintenance is legal, social and moral responsibility. The object of this section is to guard some important categories of public servants performing onerous and responsible functions against vexatious or mala fide proceedings. The code of criminal procedure, 1973 table of contents section details introduction preamble chapter 1 preliminary section 1 short title, extent and commencement section 2 definitions section 3 construction of references section 4 trial of offences under the indian penal code and other laws section 5 saving.
Thereafter the accused is put to trial for framing of charges against him, by the concerned court. Chartered retirement planning counselor crpc definition. The complete indian code of criminal procedure crpc presented in a readable and searchable format. Jun 23, 2014 after an inquiry or trial is concluded it is the duty of the court to order the disposal of the property regarding which an offence was alleged to have been committed and to get back the property you need to file an application under section 452 of the criminal procedure code, 1973. The state government may, by notification, direct that the provisions of sub section 2 shall apply to such class or category of the members of the forces charged with the maintenance. Trial court dismissed the petition basing its order only on the allegations in the charge sheet. No documents marked or witnesses examined at that stage. What are some of the mustknow ipc and crpc sections for. You can get this pdf for free or by paying any small amount and helping me. The facts and reasons, as stated in the impugned order, read as follows. Section 198 of code of criminal procedure, 1973 cr.
Election constitutional validity sections 125, 126, 171 of indian penal code, 1860, section 197 of criminal procedure code, 1973, section 114 of indian evidence act and constitution 39th amendment act appeal against high courts decision invalidating appellants election on ground. The appellant moved the high court under section 482 of the code of criminal procedure, 1973 hereinafter referred to as crpc, which was declined by the impugned order. Section 156, 157, 158 and 159 of code of criminal procedure 1973 police officers power to investigate, cognizable case, procedure for investigation, report how submitted and power to hold investigation or preliminary inquiry are defined under section 156, 157, 158 and 159 of crpc 1973. Section 197 crpc gives protection to the officers removable by the central or state government.
If that was the legislative intention, the words a. The article discusses definition of wife under the aforesaid code especially inadequacy of law in view of bigamous marriage where factum of first marriage is concealed and the second wife disowned becomes destitute but still ineligible for. The new law bore a close resemblance to an old colonial law, section 197 of the criminal procedure code of 1898, except that this was called section 197 of the criminal procedure code of 1973. Whether sanction under section 197 of the code of criminal procedure, 1973 hereinafter referred to as crpc is required to initiate criminal proceedings in respect of offences under sections 420, 468, 477a, 120b read with 109 of the indian penal code 45 of 1860 hereinafter referred to as ipc, is the question arising for consideration in these cases. Legal provisions of section 198 of code of criminal procedure, 1973 cr. Dec 17, 2014 the object of section 7 is that if the denial of the public pathway, etc.
Legal provisions of section 197 of code of criminal procedure, 1973 cr. Provided that the provisions of this code, other than those relating to chapters viii, x and xi. None of the witness crpc161 statements are supporting complaiannt allegations. Legal provisions of section 200 of code of criminal procedure, 1973 cr. December 16, 2014 prosecution of judges and public servants. How to file bail application in high court and supreme court. Procedure in cases mentioned in section 195crpcsection340. Criminal procedure code, 1973 india disambiguation page providing links to topics that could be referred to by the same search term this disambiguation page lists articles associated with the title crpc. Apr 23, 2015 whether sanction under section 197 of the code of criminal procedure, 1973 hereinafter referred to as crpc is required to initiate criminal proceedings in respect of offences under sections 420, 468, 477a, 120b read with 109 of the indian penal code 45 of 1860 hereinafter referred to as ipc, is the question arising for consideration. The code of criminal procedure commonly called criminal procedure code crpc is the main legislation on procedure for administration of substantive criminal law in india. Maintenance is legal, social and moral responsibility.
Offences under other laws also as per crpc subject to the provisions therein. Dishonour of cheque section 8 of the negotiable instruments act. Trial of offences under the indian penal code and other laws. The criminal procedure code, 1861 was passed by the british parliament. Supportive contentions a the officials of the public sector undertakings. In the case of buildings and other items of section 1250 property within the meaning of section 1250c of the internal revenue code of 1986 formerly i. The state government may, by notification, direct that the provisions of sub section 2 shall apply to such class or category of the members of the forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub section will apply as if for the expression central government occurring therein, the. Crpc section 198 prosecution for offences against marriage. Article 14 of the constitution does not render section 197, ultra vires as the discrimination is based upon a rational. Under section 198 of the code of criminal procedure, the court can take cognizance of any offence laid down under section 497 and 498 to the indian penal code on complaint of m.
Crpc section 197 prosecution of judges and public servants. Conditions requisite for initiation of proceedings duration. It was enacted in 1973 and came into force on 1 april 1974. Be it enacted by parliament in the twenty fourth year of the republic of india as follows. Crpc 1973 code of criminal procedure sections, law. Code of criminal procedure act, 1973 bare acts law. Know the crpc code of criminal procedure, 1973 sections. Hc to examine plea challenging amended crpc provision delhi. Criminal proceedings challenged on the ground that the accused being public servant was entitled to protection us 197 of the cr. Legal provisions regarding the extent and application of the code of criminal procedure, 1973 under section 1 of the code of criminal procedure, 1973. Code of criminal procedure,1973 crpc sections at a glance. Discharge under section 239 criminal procedure code, 1973 the general process of law is that after the police on completing its investigation, files the final charge sheet against the accused.
Dec 07, 2015 it was pointed out in baldev singh vs state of punjab, air 1991 sc 31 that the statement recorded under section 161 of the crpc shall not be used for any purpose except to contradict a witness in the manner prescribed in the proviso to section 162 1 and that the first information report is not a substantial piece of evidence. Constitution of criminal courts and offices 6 classes of criminal courts 7 territorial divisions. Its purpose was to protect public servants from unnecessary demoralisation, by removing the threat of prosecution. The central government or the state government may, before according sanction 2 under sub section 1 or sub section 1a and the district magistrate may, before according sanction under sub section 1a and the state government or the district magistrate may, before giving consent under sub section 2, order a preliminary investigation by a police officer not being below the 1 subs. Prosecution against government servants i section 197 crpc. The explanation is liable to be quashed since it defeats the purpose and object of section 197 crpc and is in complete violation and against the scheme an spirit of crpc 1973 and the constitution. Mar 05, 20 the new law bore a close resemblance to an old colonial law, section 197 of the criminal procedure code of 1898, except that this was called section 197 of the criminal procedure code of 1973. Ipc indian penal code, 1860 it is a substantive law which lays down definitions of crimes, defines scope and extent of punishments. The object of this section is to guard some important categories of public servants performing onerous and responsible functions against vexatious or. In police forces the minimum rank for whom sanction is required for prosecution is dy. The issues presented to the high court are detailed in the order of 11. Chartered retirement planning counselor crpc is a professional financial planning designation awarded by the college for financial planning. Application of the code of criminal procedure, 1973 section.
The code of criminal procedure act 2 of 1973 follows a two part structure. Code of criminal procedure 1973 section 164 judgments. An act to consolidate and amend the law relating to criminal procedure. Public servant within the meaning of section 197 of. Preliminary 1 short title, extent and commencement 2 definitions 3 construction of references 4 trial of offences under the indian penal code and other laws 5 saving chapter ii. A perusal of the averments in the complaint, sworn statement of the complainant.
Mar 28, 20 the code of criminal procedure, 1973 crpc 1st page. The present volume lexisnexis short notes and multiple choice questions. Section 197 of code of criminal procedure, 1973 cr. The offence of cheating under section 420 ipc is a cognizable offence. As per section 1 of the code of criminal procedure, 1973, the code extends to the whole of india except the state of jammu and kashmir. It is provided both under personal law and code of criminal procedure. What is the section 197 of the code of criminal procedure. Section 197 of the criminal procedure code, 1973 as they cannot be treated on a par with the government servants based on the following supportive and rival contentions. Summary notes of criminal procedure code, 1973 i am giving the summary notes of criminal procedure code, which are very helpful for students appearing in exams like company secretary. In this blogpost, priyanshu upadhyay, student, christ university, bangalore, writes about the analysis of the crpc amendment pertaining to section 1563 and 190 by maharashtra government. Section 200 of code of criminal procedure, 1973 cr. Section 197 of the code of criminal procedure, 1973 provides that protection against the prosecution of judges and public servants. Wife under section 125 of criminal procedure code indian. This is the basic law of procedure prescribed for criminal law in india be it enacted by parliament in the twentyfourth year of the republic of india as follows.
1046 1576 857 862 69 622 1000 178 980 469 1414 316 883 1346 964 724 256 1044 361 360 1074 1063 1148 917 1322 771 286 4 284 827 411 398 217 1080 977 643 1212 673 872 956 733 1169 1432 1214 421