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Trial Of Warrant Cases Explained By Justice V Ramkumar [Part-1]

TRIAL OF “WARRANT CASES” BY MAGISTRATES INSTITUTED ON A “POLICE REPORT” – Chapter XIX Cr.P.C.The relevant Sections are –238 - Compliance with Section 207 Cr.P.C.239 - When accused shall be discharged.240 - Framing of charge.241 - Conviction on “pleading guilty”. (No TRIAL)242 - Evidence for prosecution.243 - Evidence for defence.248 - Acquittal or conviction on...

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Q 1. Based on the testimony of the prosecution witness who was not the eyewitness to the incident, the trial court summoned the person to add as an additional accused under Section 319 of Cr.P.C. Decide.a. Mere testimony of the prosecution witness is sufficient to invoke powers under Section 319.b. Testimony given by the prosecution witness is not trustworthy as he wasn't an eyewitness to...

Trial Of Summons Cases Explained By Justice V Ramkumar [Part-II]

TRIAL OF “SUMMONS CASES” – Ch. XX Cr.P.C. - Let us now examine the procedure for trial of a summons case instituted on a “complaint”. TRIAL OF SUMMONS CASE INSTITUTED ON A COMPLAINTS.251: Substance of accusation to be stated - When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence shall be stated to him, and he shall be...

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Q 1. Recently, in an important ruling of ______________ the Supreme Court clarified the legal requirements and sanctity of Hindu marriages under the Hindu Marriage Act 1955. Also, the court held that the registration of marriage doesn't confer sanctity to the marriage but only acts as proof of the marriage.a. Baby Rani v. Manish Kumar Chanchalb. Dolly Rani v. Manish Kumar Chanchalc. Dolly Rani...

Trial Of Summons Cases Explained By Justice V Ramkumar [Part-I]

TRIAL OF “SUMMONS CASES” – Ch. XX Cr.P.C. - It has already been seen that a “summons case” is one relating to an offence punishable with imprisonment for 2 years and below in view of Section 2 (w) read with Section 2 (x) Cr.P.C. A “summons case” can be instituted either on a “Police Report” or on a “complaint”. Let us first examine the procedure for trial of...

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Q 1. Based on the protest petition filed by the complainant against the closure report of the police, the magistrate had taken cognizance of the offence and issued a summons to the accused. The magistrate treated it as a police case, whereas the accused contended that the magistrate ought to treat it as a complaint case u/s 200 Cr.P.C. Decide.a. The magistrate had rightly issued a summons to...

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 ...

Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Q 1. Upon a suit of a plaintiff, a civil court passes a decree restraining the encashment of the cheque given to the respondent by the plaintiff only for security purposes, however, on the other hand, the criminal court proceeded against the decree-holder/plaintiff for the dishonor of cheque under the Negotiable Instruments Act, 1882. Decide the liability of the plaintiff/decree-holder.a....

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...