The Code of Criminal Procedure, 1973 (CrPC) is the main legislation in India that lays down the procedures to be followed by the criminal justice system while dealing with cases of criminal offenses. It is a comprehensive code that provides for all matters relating to the administration of criminal justice, from the investigation of a crime to the trial and appeal of a case.
Section 100 of the CrPC deals with the right of private defense. It states that every person has the right to defend himself or any other person, against any unlawful force or show of force, in the exercise of the right of private defense. The right of private defense is not only available to the person who is being attacked, but also to any other person who is in danger of being attacked.
The right of private defense can be exercised in two situations:
When there is an actual or imminent threat of an unlawful force or show of force: In this situation, a person can use such force as is reasonably necessary to defend himself or any other person. The force used should be proportional to the threat faced.
When there is an attempt to commit a theft, robbery, mischief, or criminal trespass: In this situation, a person can use such force as is reasonably necessary to prevent the commission of the offense.
It is important to note that the right of private defense can only be exercised if there is no other means of escaping or preventing the attack. It should also not be exercised in a manner that goes beyond what is necessary for the purpose of defense.
In conclusion, the right of private defense is an important provision in the CrPC that allows a person to defend himself or any other person against any unlawful force or show of force. It is a crucial part of the criminal justice system in India and helps to ensure the safety and security of individuals.
Section 100 CrPC, The Code Of Criminal Procedure, 1973: Persons in charge of closed place to allow search.
Seema Tiwari vs State Of U. The Governor of a State is appointed by the President on the advice of the a Prime Minister b Vice- President c Chief Minister d Chief Justice Answer: Prime Minister List of 100+ Landmark Cases of Supreme Court India 2. Which of the following is not true regarding the payment of the emoluments of the President? Basu case and subsequent amendments in the CrPC, the arresting officer is to inform a friend, a relative or nominated person of the arrestee. Factual Query - If a Police Officer wants to search a closed place in regards to a case that he is investing, offers someone to be a witness under section 100 4 of the CrPC but that person refuses to do so, can the Police Officer arrest such person for refusing to be a witness? NCR remains in the records of the police station, it is not sent to the court. During his career, he has been involved in some of the most complicated and high profile cases, and participated in several ground-breaking litigation cases. In March 2018, I started WritingLaw. The court found the seizure by the authorities to be well-reasoned and in compliance with the law.
Police also do not investigate for it. In the current days of deteriorating law and order situation, strict compliance of the rules regulating search and seizure demands a rational approach. Persons in charge of closed place to allow search - 1 Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant and on production of the warrant, allow him free ingress thereto and afford all reasonable facilities for a search therein. Popularly known as the Criminal Procedure Code CrPC , it is the primary legislation regarding the procedural aspects of criminal law. We offer initial consultations over the telephone and in person at no cost. I am a law graduate. Having been trained and mentored by some of best lawyers, he brings a unique perspective and varied experience to his practice.
भारत का संविधान एक पवित्र दस्तावेज है इसमें विश्व के प्रमुख संविधान ओं की विशेषताएं समाहित हैं यह संविधान निर्मात्री सभा के 2 वर्ष 11 माह 18 दिन के सतत प्रयत्न, अध्ययन विचार, विमर्श चिंतन एवं परिश्रम का निचोड़ है इसे 26 जनवरी 1950 को संपूर्ण भारत पर लागू किया गया। List of 100+ Landmark Cases of Supreme Court India भारत के संविधान की प्रमुख विशेषताएं निम्नांकित हैं- 1. Whereas under section 100 8 of the Code prescribes Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Indian Penal Code, 1860 Smt. Schedule a Consultation with our Criminal Lawyer. In criminal law, it is an essential aspect so that the accused is made to face the process of law and also prevents him from absconding. Persons in charge of closed place to allow search. What is Anticipatory Bail in India? It was also alleged that no copy of the seizure list was handed over to the owner or driver in accordance with law. Under CrPC the cases in which the accused is entitled to bail are referred to as bailable offences.
Code of Criminal Procedure (CrPC): Explained for the UPSC Exam
It comes under the polity, governance, law, and internal security segments of the CrPC UPSC Notes:- Aspirants should enhance their preparation by solving now!! This was decided in the case of Premananda Saha and Ors. These cases include among others Murder, Rape, etc. P on 24 November, 2006 State Of Rajasthan vs Jag Raj Singh Hansa on 29 June, 2016 Mohd. And Others 2013 the Allahabad High Court held that if two independent witnesses as required were not available, the search can not be held to be invalid. .
A female can also not be arrested after sunset and before sunrise, except in exceptional circumstances with the prior permission of a Magistrate. The Code contains 484 sections spread along 37 chapters, along with 2 schedules and 56 forms. The Code also provides for an anticipatory bail in case any person is apprehending arrest, i. This information is often registered as a complaint by the person who is the victim of such a crime. It also contains certain provisions that are not strictly procedural in nature which include provisions pertaining to the prevention of nuisance Section 133 and Maintenance of Wife and Children Sections 125-128. Is there a case law for the same? Supreme Court of India Important Judgments And Case Law Related to Section 100 of Criminal Procedure Code 1973: State Of Punjab vs Balbir Singh on 1 March, 1994 Tofan Singh vs The State Of Tamil Nadu on 29 October, 2020 Kirpa Ram D Tr. Aspirants can go through the relevant links provided below to prepare comprehensively for the topic related to code of criminal procedure — Indian Penal Code IPC Civil Procedure Code — CPC Subordinate Judiciary — Facts and DetailsÂ Narco Analysis — Meaning, Procedure Malimath Committee — Objectives, Recommendations National Crime Records Bureau NCRB Difference between Civil Law and Criminal Law International Criminal Court ICC Indian Judiciary — Supreme Court, High Court, District Court Cybercrime: Definition, Seriousness and Laws in India Central Bureau Of Investigation CBI Public Interest LitigationÂ 25 Important Supreme Court JudgementsÂ Powers And Functions Of The High Court In India Citizenship in India — Articles 5,6,7,8,9,10 and 11 What is Bail? One hundred questions and answers from Constitution of India.
FIR is a written document prepared by police after receiving information about some cognizable offence. The procedure laid down is basically a procedure to ensure that the rights of individuals are protected against the strong state machinery. The Code has also been supplemented well by the Relevant Links The offence in which the police suo motu takes cognizance of crime and does not need approval of a court is known as a cognizable offence. I hope you have a fruitful time here. Code of Criminal Procedure CrPC - UPSC Notes Section 144 CrPC was invoked by the police forces across the country to contain the nation-wide protests against the Citizenship Amendment Act.
Section 100 of CrPC has no applicability on seizure of vehicles containing forest produce: High court of Calcutta
Important question answers in Hindi from Constitution. Ikram Hussain vs State Of U. The CrPC is a comprehensive document designed to provide due process to the accused by laying down a procedure for cognizance, arrest, bail, collection of evidence, trial and determination of innocence or guilt. The petitioner in the first petition, runs a timber business and was transporting his products on a vehicle owned by Satyendra Singh, the second petitioner. The President gives his resignation to the a Chief Justice b Parliament c Vice President d Prime Minister Answer: Vice President 3. I was my college topper for five years.
In cognizable offences, the police can arrest a person without any warrant, also, a court order is not required to start an investigation. State of West Bengal and Ors. Who among the following holds office during the pleasure of the President? On the other hand, non-bailable are those cases where the release on bail is to be decided by a competent court. Cognizable are heinous crimes such as murder, rape, theft, kidnapping, counterfeiting, etc. According to Section 2 h of the Code, an investigation is a process of collecting evidence by either a police officer or any other person that is authorised by a Magistrate to do so. Instead, the provisions of specific legislations like the Forest Act shall be applied. If the Court convicting the accused considers it expedient to release the offender, it may do so either on probation of good conduct or after due admonishment.