Explainer | Appeal On Ground Of Religion & Use Of Religious Symbols For Votes As 'Corrupt Practice' Under RP Act

In this election season, all voters need to understand how the law prohibits the appeal to votes on the ground of religion and the use of religious symbols in elections.Section 123 of the Representation of the People Act, 1951 specifies the acts which are deemed to be "corrupt practices" in elections. Sub-sections (3) and (3A) are relevant for the purposes of this article.Section 123(3) reads...

The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-XI]

SPECIAL INTERMEDIATE STAGE OF “ACQUTTAL” IN A SESSIONS TRIAL – Section 232 Cr.P.C.Q.48 What is the special intermediate stage of acquittal in a “sessions trial” ? Ans. If after the prosecution evidence is over the Judge considers that there is “no evidence” to show that the accused committed the offence alleged, the Judge shall record an order of acquittal. Such...

The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-X]

SECTION 313 EXAMINATIONQ.43 What is meant by Section 313 examination? Ans. Section 313 Cr.P.C. clothes every criminal court with the power to examine the accused for the purpose of enabling him to personally explain any incriminating circumstance appearing in the evidence for the prosecution. This examination can be conducted by the Court at two stages – At any stage the Court...

The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-IX]

P R O S E C U T I O N E V I D E N C EQ.37 When is the case posted for prosecution evidence ? Ans. Ordinarily when the accused “pleads not guilty”, the case is posted for prosecution evidence. Q.38 What is meant by “evidence” ? Ans. As per Section 3 of the Indian Evidence Act the expression “evidence” means – Oral evidence of witnesses ...

The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-VIII]

STARTING OF TRIAL IN A “WARRANT CASE”(Ss. 242 (1), 246 (4), 230 Cr.P.C.) Q.35 When does the trial starts in a “warrant case” ? Ans. Trial in a “warrant case” starts when the accused “pleads not guilty” to the charge framed against him and “claims to be tried” under – Section 242 (1) Cr.P.C. in a “warrant case” instituted on a “Police...

The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-VII]

FRAMING OF CHARGE BY A MAGISTRATE IN A “WARRANT CASE”(Sections 240 (1) and 246 (1) Cr.P.C.) Q.31 What are the criteria to be satisfied by a Magistrate for framing charge against the accused in a “warrant case” instituted on a Police Report? Ans. If upon consideration of the “prosecution records” and hearing both sides, the Magistrate is of opinion that – 1) ...

The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-VI]

STARTING OF TRIAL IN A “SUMMONS CASE” BEFORE A MAGISTRATEQ.26 When does the trial start in a “summons case” before a Magistrate ? Ans. When the accused appears in response to the process issued against him, the Magistrate shall comply with Section 207 Cr.P.C. (If it is a Police Report) or Section 208 Cr.P.C. (if it is a complaint case) by furnishing the accused with...

The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-V]

TYPES OF CASES Q.24 Which are the types of cases envisaged by the Cr.P.C.? Ans. Cases coming up for trial before Criminal Courts are either “summons cases” punishable with imprisonment upto 2 years and “warrant cases” punishable with imprisonment exceeding 2 years. Cases triable by Magistrates as “summary trials” under Chapter XXI are mild forms of “summons...

Summary Trial Explained By Justice V Ramkumar [Q and A]

We have already seen that there are only two types of cases, namely, “summons cases” and “warrant cases”. Since as per the exclusionary definition under Section 2 (w) Cr.P.C., a “summons case” is one relating to an offence not being a “warrant case”, we have to find out as to what exactly is a “warrant case”. Section 2 (x) Cr.P.C. defines a “warrant case” to mean...

The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-IV]

COMMENCEMENT OF PROCEEDINGS – Chapter XVISections 204 to 210 Cr.P.C. Q.19 When can it be said that “proceedings” have been commenced before a Magistrate? Ans. “Proceedings”, can be said to have commenced before a Magistrate when the Magistrate, after taking cognizance of the offence, issues process to the accused under Section 204 Cr.P.C. Even in a case where...

The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-III]

Q.11 What is meant by “taking cognizance of an offence” ? Ans. Every case instituted before a Criminal Court alleging a “cognizable offence” or a “non-cognizable offence” will have to be scrutinized by the Court and the alleged offence will have to be taken cognizance of under Section 190 Cr.P.C. Taking cognizance of an offence broadly means “taking judicial notice by...

Default Bail: The Infirmities Noted In Section 187 Of The Bharatiya Nagarik Suraksha Sanhita, 2023

C O N T E N T S Sl. Order. I N N E R T I T L E S Para No. 1 COMPARATIVE TABLE SHOWING SECTION 167 Cr.P.C AND SECTION 187 OF BNSS 2 MY COMMENTS ON SECTION 187 OF BNSS 1 to 6 3 The change from the “nearest judicial ...