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Showing posts from April, 2021

Constitution Of India Article 31 - Repealed

 Description [Compulsory acquisition of property.] Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, s.6 (w.e.f. 20-6-1979).

Constitution Of India Article 30-1 - Subarticle 1 of Article 30

 Description All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

Constitution Of India Article 30 - Right of minorities to establish and administer educational institutions

 Description (1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. [1](1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause. (2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. ----- 1. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s.4 (w.e.f. 20-6-1979).

Constitution Of India Article 29-2 - Subarticle 2 of Article 29

 Description No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

Constitution Of India Article 29-1 - Subarticle 1 of Article 29

 Description Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same

Constitution Of India Article 29 - Protection of interests of minorities

 Description (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. (2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

Constitution Of India Article 28 - Freedom as to attendance at religious instruction or religious worship in certain educational institutions

 Description (1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds. (2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. (3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

Constitution Of India Article 27 - Freedom as to payment of taxes for promotion of any particular religion

 Description No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

Constitution Of India Article 26 - Freedom to manage religious affairs

 Description Subject to public order, morality and health, every religious denomination or any section thereof shall have the right: (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion; (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law.

Constitution Of India Article 25 - Freedom of conscience and free profession, practice and propagation of religion

 Description (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion. (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law: (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. Explanation I- The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion. Explanation II- In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be

Constitution Of India Article 24 - Prohibition of employment of children in factories, etc

 Description No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

Constitution Of India Article 23 - Prohibition of traffic in human beings and forced labour

 Description (1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

Constitution Of India Article 22 - Protection against arrest and detention in certain cases

 Description (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate. (3) Nothing in clauses (1) and (2) shall apply: (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention. (4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless: (a) an Advisory Board consisting of perso

Constitution Of India Article 21A - Right to education

 Description The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. ----- 1. Ins by the Constitution (Eighty-sixth Amendment) Act, 2002, s.2 (w.e.f. 1-4-2010).

Constitution Of India Article 21 - Protection of life and personal liberty

 Description No person shall be deprived of his life or personal liberty except according to procedure established by law.

Constitution Of India Article 20-3 - Subarticle 3 of Article 20

 Description No person accused of any offence shall be compelled to be a witness against himself.

Constitution Of India Article 20-1 - Subarticle 1 of Article 20

 Description No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

Constitution Of India Article 20 - Protection in respect of conviction for offences

 Description (1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. (2) No person shall be prosecuted and punished for the same offence more than once. (3) No person accused of any offence shall be compelled to be a witness against himself.

Constitution Of India Article 19-2 - Subarticle 2 of Article 19

 Description Nothing in sub-clause(a) of clause(1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

Constitution Of India Article 19-1G - Subarticle 1G of Article 19

 Description To practise any profession, or to carry on any occupation, trade or business.

Constitution Of India Article 19-1B - Subarticle 1B of Article 19

 Description To assemble peaceably and without arms

Constitution Of India Article 19-1A - Subarticle 1A of Article 19

 Description To freedom of speech and expression

Constitution Of India Article 19 - Protection of certain rights regarding freedom of speech, etc.

 Description (1) All citizens shall have the right (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions or [7]co-operative societies; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; [3]and[4] (g) to practise any profession, or to carry on any occupation, trade or business. [1](2) Nothing in sub-clause(a) of clause(1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. (3) Nothing in sub-clause(b) of the said clause shall affect the operation of any existing law in s

Constitution Of India Article 18 - Abolition of titles

 Description (1) No title, not being a military or academic distinction, shall be conferred by the State. (2) No citizen of India shall accept any title from any foreign State. (3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State. (4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State

Constitution Of India Article 17 - Abolition of Untouchability

 Description "Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law.

Constitution Of India Article 16-4B - Subarticle 4B of Article 16

 Description Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.

Constitution Of India Article 16-4A - Subarticle 4A of Article 16

 Description Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class[3] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.

Constitution Of India Article 16-4 - Subarticle 4 of Article 16

 Description Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. (4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class[3] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State. (4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancie

Constitution Of India Article 16 - Equality of opportunity in matters of public employment

 Description (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. (3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory[1] prior to such employment or appointment. (4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the S

Constitution Of India Article 15-5 - Subarticle 5 of Article 15

 Description Nothing in this article or in sub-clause(g) of clause(1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause(1) of article 30.

Constitution Of India Article 15-4 - Subarticle 4 of Article 15

 Description Nothing in this article or in clause(2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

Constitution Of India Article 15-3 - Subarticle 3 of Article 15

 Description Nothing in this article shall prevent the State from making any special provision for women and children.

Constitution Of India Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

 Description (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. (2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to- (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. (3) Nothing in this article shall prevent the State from making any special provision for women and children. [1](4) Nothing in this article or in clause(2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. (5) Nothing in this article or in sub-clause(

Constitution Of India Article 14 - Equality before law

 Description The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Constitution Of India Article 13-3 - Subarticle 3 of Article 13

 Description (3) In this article, unless the context otherwise requires, (a) law includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; (b) laws in force includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

Constitution Of India Article 13 - Laws inconsistent with or in derogation of the fundamental rights

 Description (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. (3) In this article, unless the context otherwise requires, (a) law includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; (b) laws in force includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. [1](4) Nothing in this article shall

Constitution Of India Article 12 - Definition

 Description In this Part, unless the context otherwise requires, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India

Constitution Of India Article 11 - Parliament to regulate the right of citizenship by law

 Description Nothing in the foregoing provisions of this Part shall derogate from the power of Parliament to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.

Constitution Of India Article 10 - Continuance of the rights of citizenship

 Description No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.

Constitution Of India Article 9 - Persons voluntarily acquiring citizenship of a foreign State not to be citizens

 Description No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.

Constitution Of India Article 8 - Rights of citizenship of certain persons of Indian origin residing outside India

 Description Notwithstanding anything in article 5, any person who or either of whose parents or any of whose grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted), and who is ordinarily residing in any country outside India as so defined shall be deemed to be a citizen of India if he has been registered as a citizen of India by the diplomatic or consular representative of India in the country where he is for the time being residing on an application made by him therefor to such diplomatic or consular representative, whether before or after the commencement of this Constitution, in the form and manner prescribed by the Government of the Dominion of India or the Government of India.

Constitution Of India Article 7 - Rights of citizenship of certain migrants to Pakistan

 Description Notwithstanding anything in articles 5 and 6, a person who has after the first day of March, 1947, migrated from the territory of India to the territory now included in Pakistan shall not be deemed to be a citizen of India: Provided that nothing in this article shall apply to a person who, after having so migrated to the territory now included in Pakistan, has returned to the territory of India under a permit for resettlement or permanent return issued by or under the authority of any law and every such person shall for the purposes of clause (b) of article 6 be deemed to have migrated to the territory of India after the nineteenth day of July, 1948.

Constitution Of India Article 6 - Rights of citizenship of certain persons who have migrated to India from Pakistan

 Description Notwithstanding anything in article 5, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the commencement of this Constitution if: (a) he or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act, 1935 (as originally enacted); and (b) (i) in the case where such person has so migrated before the nineteenth day of July, 1948, he has been ordinarily resident in the territory of India since the date of his migration, or (ii) in the case where such person has so migrated on or after the nineteenth day of July, 1948, he has been registered as a citizen of India by an officer appointed in that behalf by the Government of the Dominion of India on an application made by him therefore to such officer before the commencement of this Constitution in the form and manner prescribed by that Government: Provided that no person shall be so registe

Constitution Of India Article 5 - Citizenship at the commencement of the Constitution

 Description At the commencement of this Constitution, every person who has his domicile in the territory of India and: (a) who was born in the territory of India; or (b) either of whose parents was born in the territory of India; or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India.

Constitution Of India Article 4 - Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters

 Description (1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary. (2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

Constitution Of India Article 3 - Formation of new States and alteration of areas, boundaries or names of existing States

 Description (1) India, that is Bharat, shall be a Union of States. [1](2) The States and the territories thereof shall be as specified in the First Schedule. (3) The territory of India shall comprise: (a) the territories of the States; [2](b) the Union territories specified in the First Schedule; and (c) such other territories as may be acquired. 1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s.2, for cl.(2). 2. Subs. by s.2, ibid., for subclause (b).Parliament may by law: (a)form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State; (b) increase the area of any State; (c) diminish the area of any State; (d) alter the boundaries of any State; (e) alter the name of any State: Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the President and unless, where the proposal contained in the Bill affects the

Constitution Of India Article 2 - Admission or establishment of new States

 Description Admission or establishment of new States

Constitution Of India Article 1 - Name and territory of the Union

 Description (1) India, that is Bharat, shall be a Union of States. [1](2) The States and the territories thereof shall be as specified in the First Schedule. (3) The territory of India shall comprise: (a) the territories of the States; [2](b) the Union territories specified in the First Schedule; and (c) such other territories as may be acquired. ----- 1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s.2, for cl.(2). 2. Subs. by s.2, ibid., for sub-clause (b).Description

Constitution Of India - Preamble

 Description WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

INDIAN KANOON SECTION 50 CrPC - Code of Criminal Procedure - Person arrested to be informed of grounds of arrest and of right to bail

 Description Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest. Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

INDIAN KANOON SECTION 49 CrPC - Code of Criminal Procedure - No unnecessary restraint

 Description The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

INDIAN KANOON SECTION 48 CrPC - Code of Criminal Procedure - Pursuit of offenders into other jurisdictions

 Description A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.

INDIAN KANOON SECTION 47 CrPC - Code of Criminal Procedure - Search of place entered by person sought to be arrested

 Description If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him such free ingress thereto, and afford all reasonable facilities for a search therein. If ingress to such place cannot be obtained under Sub-Section (1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority a

INDIAN KANOON SECTION 46 CrPC - Code of Criminal Procedure - Arrest how made

 Description In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action. If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all me ans necessary to effect the arrest. Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life. Save in exceptional circumstances, no women shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.

INDIAN KANOON SECTION 44 CrPC - Code of Criminal Procedure - Arrest by Magistrate

 Description When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody. Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

INDIAN KANOON SECTION 43 CrPC - Code of Criminal Procedure - Arrest by private person and procedure on such arrest

Description Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him 10 be taken in custody to the nearest police station. If there is reason to believe that such person comes under the provisions of section 41, a police officer shall re-arrest him. If there is reason to believe that he has committed a non-cognizable offence and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

INDIAN KANOON SECTION 42 CrPC - Code of Criminal Procedure - Arrest on refusal to give name and residence

 Description When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of such officer, to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained. When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required; Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India. Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

INDIAN KANOON SECTION 41 CrPC - Code of Criminal Procedure - When police may arrest without warrant

 Description Any police officer may without an order from a Magistrate and without a warrant, arrest any person; who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or who has been proclaimed as an offender either under this Code or by order of the State Government; or in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or who is reasonable suspected of being a deserter from any of the Armed Forces of the Union; or

INDIAN KANOON SECTION 40 CrPC - Code of Criminal Procedure - Duty of officers employed in connection with the affairs of a village to make certain report

 Description Every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer, any information which he may possess respecting; the permanent or temporary residence of any notorious receiver or vendor of stolen property in or near such village; the resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects, to be a thug, robber, escaped convict or proclaimed offender; the Commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under section 143, section 144, section 145, section 147 or section 148 of the Indian Penal Code (45 of 1860); the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances or the discovery in or near such village of any c

INDIAN KANOON SECTION 39 CrPC - Code of Criminal Procedure - Public to give information of certain offences

 Description Every person, aware of the Commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely? sections 121 to 126, both inclusive, and section 130 (that is to say offences against the state specified in Chapter VI of the said Code); sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquility specified in Chapter VIII of the said Code); sections 161 to 165A, both inclusive (that is to say, offences relating to illegal gratification); sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.); sections 302, 303 and 304 (that is to say, offences affecting life); va. section 364A (that is to say, offence relating to kidnapping for ransom, etc.); section 382 (that is to say, offence of theft after preparation made for causing death, hurt or restraint in order to the committing of the theft)

INDIAN KANOON SECTION 38 CrPC - Code of Criminal Procedure - Aid to person other than police officer, executing warrant

 Description When a warrant is directed to a person other than a police officer, any person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

INDIAN KANOON SECTION 37 CrPC - Code of Criminal Procedure - Public when to assist Magistrates and police

 Description Every person is bound to assist a Magistrate or police officer reasonably demanding his aid? in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest; or in the prevention or suppression of a breach of the peace; or in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.

INDIAN KANOON SECTION 36 CrPC - Code of Criminal Procedure - Powers of superior officers of police

 Description Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.

INDIAN KANOON SECTION 35 CrPC - Code of Criminal Procedure - Powers of Judges and Magistrates exercisable by their successors-in-office

 Description Subject to the other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office. When there is any doubt as to who is the successor-in-office of any Additional or Assistant Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceeding or order thereunder, be deemed to be the successor-in-office of such Additional or Assistant Sessions Judge. When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.

INDIAN KANOON SECTION 34 CrPC - Code of Criminal Procedure - Withdrawal of powers

 Description The High Court or the state Government, as the case may be, may withdraw all or any of the powers conferred by it under this Code on any person or by any officer subordinate to it. Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.

INDIAN KANOON SECTION 33 CrPC - Code of Criminal Procedure - Powers of officers appointed

 Description Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Code throughout any local area is appointed to an equal or higher office of the same nature, within a like local area under the same State Government, he shall, unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.

INDIAN KANOON SECTION 32 CrPC - Code of Criminal Procedure - Mode of conferring powers Description

 In conferring powers under this Code, the High Courts or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally by their official titles. Every such order shall take effect from the date on which it is communicated to the person so empowered.

INDIAN KANOON SECTION 31 CrPC - Code of Criminal Procedure - Sentence in cases of conviction of several offences at one trial

 Description When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several punishments, prescribed therefore which such Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently. In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court; Provided that? in no case shall such person be sentenced to imprisonment for a longer period than fourteen years; the aggregate punishment shall not exceed twice the amount of punishment whi

INDIAN KANOON SECTION 30 CrPC - Code of Criminal Procedure - Sentence of imprisonment in default of fine

 Description The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law; Provided that the term? is not in excess of the powers of the Magistrate under section 29; shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 29.

INDIAN KANOON SECTION 29 CrPC - Code of Criminal Procedure - Sentences which Magistrates may pass

 Description The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees, or both. The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding five thousand rupees, or of both. The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.

INDIAN KANOON SECTION 28 CrPC - Code of Criminal Procedure - Sentences which High Courts and Sessions Judges may pass

 Description A High Court may pass any sentence authorised by law. A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court. An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years.

INDIAN KANOON SECTION 27 CrPC - Code of Criminal Procedure - Jurisdiction in the case of juveniles

 Description Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders.

INDIAN KANOON SECTION 26 CrPC - Code of Criminal Procedure - Courts by which offences are triable

 Description Subject to the other provisions of this Code,- any offence under the Indian Penal Code (45 of 1860) may be tried by- the High Court, or the Court of Session, or any other Court by which such offence is shown in the First Schedule to be triable; Provided that any offence under section 376, section 376A, section 376B, section 376C, section 376D or section 376E1 of the Indian Penal Code shall be tried as far as practicable by a Court presided over by a woman. any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by.- the High Court, or any other Court by which such offence is shown in the First Schedule to be triable. 1 Criminal Law (Amendment) Act, 2013

INDIAN KANOON SECTION 25A CrPC - Code of Criminal Procedure - Directorate of Prosecution

 Description The State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit. A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, only if he has been in practice as an advocate for not less than ten years and such appointment shall be made with the concurrence of the Chief Justice of the High Court. The Head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function under the administrative control of the Head of the Home Department in the State. Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution. Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under Sub-Section (1), or as the case may be, Sub-Section (8), of section 24 to conduct cases in the High Court shall be subordinate to the Director of

INDIAN KANOON SECTION 25 CrPC - Code of Criminal Procedure - Assistant Public Prosecutors

 Description The State Government shall appoint in every district one or more Assistant public Prosecutors for conducting prosecutions in the Courts of Magistrates. 1A. The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates. Save as otherwise provided in Sub-Section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor. Where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case; Provided that a police officer shall not be so appointed? if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or if he is below the rank of Inspector.

INDIAN KANOON SECTION 24 CrPC - Code of Criminal Procedure - Public Prosecutors

 Description For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutor, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or State Government, as the case may be. The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case or class of cases in any district, or local area. For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district; Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another district. The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names

INDIAN KANOON SECTION 23 CrPC - Code of Criminal Procedure - Subordination of Executive Magistrates

 Description All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Magistrate. The District Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Executive Magistrates subordinate to him and as to the allocation of business to an Additional District Magistrate.

INDIAN KANOON SECTION 22 CrPC - Code of Criminal Procedure - Local Jurisdiction of Executive Magistrates

 Description Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code. Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

INDIAN KANOON SECTION 21 CrPC - Code of Criminal Procedure - Special Executive Magistrates

 Description The state Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrate, as it may deem fit.

INDIAN KANOON SECTION 20 CrPC - Code of Criminal Procedure - Executive Magistrates

 Description In every district and in every metropolitan area. The State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate. The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have the powers of a District Magistrate under this Code or under any other law for the time being in force as may be directed by the State Government. Whenever, in consequence of the office of a District Magistrate becoming Vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Code on the District Magistrate. The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magi

INDIAN KANOON SECTION 19 CrPC - Code of Criminal Procedure - Subordination of Metropolitan Magistrates

 Description The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge, and every other Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate. The High Court may, for the purposes of this Code, define the extent of the subordination if any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate. The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Metropolitan Magistrates and as to the allocation of business to an Additional Chief Metropolitan Magistrate.

INDIAN KANOON SECTION 18 CrPC - Code of Criminal Procedure - Special Metropolitan Magistrates

 Description The High Court may, if requested by any Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Metropolitan Magistrate, in respect to particular cases or to particular classes of cases in any metropolitan area within its local jurisdiction; Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify. Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct. The High Court or the State Government, as the case may be, may empower any Special Metropolitan Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first class.

INDIAN KANOON SECTION 17 CrPC - Code of Criminal Procedure - Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate

 Description The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area. The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct.

INDIAN KANOON SECTION 16 CrPC - Code of Criminal Procedure - Courts of Metropolitan Magistrates

 Description In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify. The presiding officers of such Courts shall be appointed by the High Court. The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area.

INDIAN KANOON SECTION 15 CrPC - Code of Criminal Procedure - Subordination of Judicial Magistrates

 Description Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate. The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him.

INDIAN KANOON SECTION 14 CrPC - Code of Criminal Procedure - Local Jurisdiction of Judicial Magistrates

 Description Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 11 or under section 13 may exercise all or any of the powers with which they may respectively be invested under this Code; Provided that the Court of a Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established. Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. Where the local jurisdiction of a Magistrate, appointed under section 11 or section 13 or section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which he ordinarily holds Court, any reference in this Code to the Court of Session, Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall, in relation to such Magistrate, throughout the are

INDIAN KANOON SECTION 13 CrPC - Code of Criminal Procedure - Special Judicial Magistrates

 Description The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate[ of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area; Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify. Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct. The High Court may empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.

INDIAN KANOON SECTION 12 CrPC - Code of Criminal Procedure - Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.

 Description In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to the Chief Judicial Magistrate. The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct. ? The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires. Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court m

INDIAN KANOON SECTION 11 CrPC - Code of Criminal Procedure - Courts of Judicial Magistrates

 Description In every district (not being a metropolitan area), there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify; Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrate of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established. The presiding officers of such Courts shall be appointed by the High Courts. The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first c

INDIAN KANOON SECTION 10 CrPC - Code of Criminal Procedure - Subordination of Assistant Sessions Judges

 Description All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction. The Sessions Judges may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges. The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

INDIAN KANOON SECTION 9 CrPC - Code of Criminal Procedure - Court of Session

 Description The State Government shall establish a Court of Session for every sessions division. Every Court of Session shall be presided over by a Judge, to be appointed by the High Court. The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session. The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct. Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall ha

INDIAN KANOON SECTION 8 CrPC - Code of Criminal Procedure - Metropolitan areas

 Description The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code. As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to be declared under Sub-Section (1) to be a metropolitan area. The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million. Where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but n

INDIAN KANOON SECTION 7 CrPC - Code of Criminal Procedure - Territorial divisions

 Description Every State shall be a sessions division or shall consist of sessions divisions; and every sessions division shall, for the purposes of this Code, be a district or consist of districts; Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district. The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts. The State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions. The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Code, shall be deemed to have been formed under this section.

INDIAN KANOON SECTION 6 CrPC - Code of Criminal Procedure - Classes of Criminal Courts

 Description Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely; Courts of Session; Judicial Magistrate of the first class and, in any Metropolitan area, Metropolitan Magistrate; Judicial Magistrate of the second class; and Executive Magistrates.

INDIAN KANOON SECTION 5 CrPC - Code of Criminal Procedure - Saving

 Description Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

INDIAN KANOON SECTION 4 CrPC - Code of Criminal Procedure - Trial of offences under the Indian Penal Code and other laws

 Description All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained. All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the lime being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

INDIAN KANOON SECTION 3 CrPC - Code of Criminal Procedure - Construction of references

 Description In this Code; any reference, without any qualifying words, to a Magistrate shall be construed, unless the context otherwise requires; in relation to an area outside a metropolitan area, as a reference to a Judicial Magistrate; in relation to a metropolitan area, as a reference to a Metropolitan Magistrate; any reference to a Magistrate of the second class shall, in relation to an area outside a metropolitan area, be construed as a reference to a Judicial Magistrate of the second class, and, in relation to a Metropolitan area, as a reference to a Metropolitan Magistrate; any reference to a Magistrate of the first class shall; in relation to a Metropolitan area, be construed as a reference to a Metropolitan Magistrate exercising jurisdiction in that area; in relation to any other area, be construed as a reference to a Judicial Magistrate of the first class exercising jurisdiction in that area; any reference to the Chief Judicial Magistrate shall, in relation to a Metropolita

INDIAN KANOON SECTION 2 CrPC - Code of Criminal Procedure - Definitions

 Description In this Code, unless the context otherwise requires; "bailable offence" means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and "non-bailable offence" means any other offence; "charge" includes any head of charge when the charge contains more heads than one; "cognizable offence" means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant; "complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. "High Court" means; in relation to any Stale, the High Court for that State; in relation to a Union territo

NDIAN KANOON SECTION 1 CrPC - Code of Criminal Procedure - Short title, extent and commencement

 Description This Act may be called the Code of Criminal Procedure, 1973. It extends to the whole of India except the State of Jammu and Kashmir; provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply? to the State of Nagaland, to the tribal areas but the concerned State Government may, by notification apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification. It shall come into force on the 1st day of April, 1974.

Order 13 CPC - Code of Civil Procedure - PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS

 Order 13 CPC Description 1[1. Original documents to be produced at or before the settlement of issues (1) The parties or their pleader shall produce, on or before the settlement of issues, all the documentary evidence of in original where the copies thereof have been filed along with plaint or written statement. (2) The Court shall receive the documents so produced Provided that they are accompanied by an accurate list thereof prepared in such form as the High Court directs. (3) Nothing in sub-rule (1) shall apply to documents,- (a) produced for the cross-examination of the witnesses of the other party, or (b) handed over to a witness merely to refresh his memory.] 1. Subs, for rule 1 and 2 by Act No. 46 of 1999, section 23 (w.e.f. 1-7-2002). 1[2. Omitted.] 1. Subs, for rule 1 and 2 by Act No. 46 of 1999, section 23 (w.e.f. 1-7-2002). 3. Rejection of irrelevant or inadmissible documents The Court may at any stage of the suit reject any document which it considers irrelevant or otherwi