Wednesday, 31 August 2017

Thursday, 16 May 2019

The Powers of Police Officer under Code Of Criminal Procedure

The Code of Criminal Procedure (CrPC) is an effective proceeding law of India, which promulgates certain punishments for the offenders or delinquents, under criminal law. It was been authorized in the year 1973 and came into existence or force or commenced on 1st April 1974. Today, we will principally focus upon The Powers of Police Officer under Code Of Criminal Procedure.

The Code of Criminal Procedure possess all the beneficial information regarding and concerned with the procedure that is to be followed, in every investigation, inquiry and trial, for offenses under Indian Penal Code (IPC) or any other relevant law. It deals with certain type of investigations, examination of an accused person, evidences required to prove the accused person guilty or innocent, stating of punishments towards the accused and much more related with aspects only of criminal nature.

The Code of Criminal Procedure (CrPC) is administered by the bodies such as the Supreme Court of India, High Courts, District and Session Judge and Additional District Judges, Executive Magistrates, Judicial Magistrates, Defense Counsels, Public Prosecutors, Police and Correctional Services Personnel. However, today, we are primarily going to lay emphasis upon Powers of Police Officer .

the-powers-police-officer-under-code-criminal-procedure
Powers of Police Officer under Code Of Criminal Procedure



The Powers of Police Officer under Code Of Criminal Procedure :


Under Code Of Criminal Procedure, the Police officer acquires certain powers. These powers of the Police Officer are dealt by Section 36 to Section 40 Criminal Procedure.

(1) Section 36 : Powers of superior officer of police
This section affirms, the powers of superior officer of police. It states that the police officers who possesses the rank of superiority to an officer who is in charge of a police station may implement the same powers, throughout the local area to which they are appointed.

(2) Section 37 : Demand made by magistrate or police must be credible
This section affirms, the demand made by magistrate or police must be credible and sensible in nature. It states that every person is bound to assist a magistrate or police officer credibly, insisting his/her aid.

(iii) Section 38 : Aid to person, other than police officer, implementing warrant
This section affirms, the aid to person other than police officer, implementing warrant. It states that, when a warrant is directed to a person other than a police officer, any person may aid in the implementation of such warrant.

(iv) Section 39 : Public to give information of disparate offences
This section affirms, the public to give information of certain offences. It states that, the duty ceases when information reaches the police through some other source. The duty of a person to inform emerges, only when he/she is aware of the commission of an offence.

(v) Section 40 : Duty of village officers and inhabitants of a village to provide information about disparate offences
This section affirms, the duty of village officers and inhabitants of a village to provide information about disparate offences. The nature of the duty is expeditious and definite.

The Code of Criminal Procedure (CrPC) is prevalent all over the territory of India except the state of Jammu and Kashmir. In India, The Powers of Police Officer under Code Of Criminal Procedure that we discussed so far, are been implemented effectively. Another fact under CrPC is that, the Article which have diminished the powers of the Parliament to authorise in Jammu and Kashmir, is the Article 370 of the Constitution of India. Moreover, any of the provisions, besides the provisions of the code under Chapters VIII, X and XI, are restricted to be implemented in tribal areas and in the state of Nagaland as well.

Definition and Essentials of Battery and Assault

Battery and Assault are two offenses of criminal law or civil law, which are contrasting in their own respective nature. Both of these terms are concerned with the fact of endeavouring to anguish another person intentionally or unintentionally. These are basically, the threats to the life, security and behaviour of human beings. Today, we are going to perceive more about the Definition and Essentials of Battery and Assault.

involves the establishment of an environment, where a person is actually abused or develops the fear within himself/herself of getting being abused. Both Battery and Assault have been operating as contradictory to each other in some regions, while there are still some areas where both of them are considered homogenous and have integrated with each other.

The punishments for both of these offenses are distinctive, on the basis of different courts and nature of the cases. Under Civil Law, the accused is bound to provide financial compensation, while under Criminal Law, the accused may be imprisoned for different duration of time. Moreover, Civil Law and Criminal Law may be integrated together for both of these offenses, depending upon the nature of the case. In order to apprehend and make the concept more perspicuous, let's explore about of Battery and Assault.

definition-and-essentials-battery-assault
Battery and Assault


Definition and Essentials of Battery and Assault

Battery :
Definition -
Battery refers to the application of force to be applied to another person, without any lawful approval. This definition was been put forwarded by Salmond. The attempt to strike with a stick signifies an assault, but to strike actually signifies battery. Battery, is not obligatory to be accompanied by bodily harm. Even to touch a person without his consent or any other legal justification is battery. But if there is the consent of a person, it does not signifies battery.

Essentials -
1. Use of force - The first essential which one has to prove in an action for battery, is the use of force to the person of another. Example, slapping or pushing. It may also be done by throwing a stone on a person or setting a dog upon him, without lawful approval. There can be no battery unless there is a contact with the litigant. The contact with the litigant must instantly follow from the act of the litigant. The amount of force is irrelevant. Even to touch a person without his consent or any other legal justification is battery. But accidental contact or touching other person's shoulder does not signifies battery.

2. Force must be intentional - The second essential which one has to prove in an action is that, the use of force must be intentional and without lawful justification. Pushing one another in a crowd is not actionable in battery, if it is not done deliberately. Example, one person of a firing group, fired his gun at a fowl. The shot rebounded against a tree snd injured the litigant . It is not said to be the occurrence of battery. This tort protect not only the interest in freedom from bodily harm, but also freedom from insult. Example, spitting in the face is battery but touching another in crowd is not.

3. Without lawful justification - Consent, expressed or implied signifies a lawful justification. A friendly push or shaking hand is not battery. Similarly, certain acts done under authority or statute do not amount to battery. Example, a parent castigating his/her child, or a policeman laying hand on a thief for arrest under a warrant, does not signifies battery.

Assault :
Definition -
An assault refers to an act of the litigant which causes in the mind of the litigant, admissible apprehension of the imposition of a battery on him by the defendant. This definition was been put forwarded by Dr. Winfield. It usually implies an attempt to apply force to another person. Any one who brings any object into contact with another person purposely, is said to apply force to the person. In assault, force is not actually applied but only attempt is made. Example, Ram and Ramu are standing at a distance of 3feet. If Ram takes a stick and moves it towards Ramu, to attack him purposly, than he is said to commit an assault.

Essentials -
1. Intension to use force - The first essential which the litigant has to show in an action for assault is that, there was some gesture or preparation which constituted a force. Words are not enough or passive conduct. In all cases, the threat must be carried into an effect.

Example, if A while lying on bed says to B 'I will beat you' it will not signify an assault.

2. Capacity to use force - In order to form an assault, it is beneficial that the person assaulting has the cabability to apply the force attempted by him. If it is clear to the litigant that the defendant has no present capability to carry out the threat, because he is too far away to bring the threat into action, there is no assault.

Example, if a man makes a gesture to throw a stone at another man who is sitting at a height, which is impossible for the stone to reach such a height, than the latter has no ground to believe that he will be hit. In such case if one man makes an attempt, there is no assault, as the second man has no reason to believe that the first man can hit him.

Battery and Assault have been amalgamated by some of the administration operating in some provinces. But despite of all, the true nature of Definition and Essentials of Battery and Assault remains congruent or same, making both of these concepts somewhat comparable in general but contradictory in particular.

Tuesday, 14 May 2019

Appellate Court and powers of the Appellate Court

The Supreme Court of India, relishes three types of jurisdictions, which are the Original Jurisdiction, Appellate Jurisdiction and Advisory Jurisdiction. These jurisdictions fall beneath the Article 131, 133-136 and 143 respectively. However, today we are substantially going to focus upon, Appellate Court and powers of the Appellate Court.



An appeal signifies a type of procedure by which a judgement of a subordinate court is been provoked or confronted before it's sub-ordinate court. Usually, the person who files an appeal is called as an Appellant and the court concerned is known as an Appelate Court.

Customarily, the first appeal lies with the High Court, while the second appeal lies with the Supreme Court. Under Appelate Jurisdiction, Supreme Court can hear the matters, only when it is appealled against the command of a High Court. Let's find out about the specific things comcerned with the Appellate Court.




Appellate Court and powers of the Appellate Court


appellate-court-powers-appellate-court
Appellate Court and powers of the Appellate Court

Appellate Court :
An Appelate Court refers to that court which has the authority or the competency to hear the appeals of a trial court or any other lower tribunal. These appeals are those, which are been heard in a trial court or in lower tribunal, already. In order to scrutinize the decision, in an abortive resultant at trial court or lower tribunal, a person or an entity may put forward its appeal to an Appelate Court.

An Appelate Court scrutinizes all the affirmations from a lower court, in order to make sure whether or not the appeal put forwarded by a lower court can be justified. It cam hear all the appeals except those which are fall under Article 131, that is, under Original Jurisdiction.

According to Article 133, an appeal may be put forwarded before the Supreme Court, only if

(i) The dispute involves a question of law, which is of general importance ; or

(ii) The said question requires the consideration of the Supreme Court, in opinion of the High Court.

If none of the above conditions are contented, than Article 136 states or renders that an appeal may be granted under Special Leave Petition (SLP), where a party may yearn the Supreme Court to concede a special leave to the appeal. If it is conceded, than the matter is been recognized as an appeal, and if not, the appeal is dismissed.



The Powers of an Appellate Court 

After scrutinizing a record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor, if he appears, and in case of an appeal under Section 377 or Section 378, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may -

(a) In an appeal from an order of acquittal, reverse such order and directs that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law.

(b) In an appeal from a conviction -
[i] reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or

[ii] after the finding maintaining the sentence, or 

[iii] with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same.

(c) In an appeal for enhancement of sentence -

[i] reverse the finding and sentence and acquit and discharge the accused or order him to be re-tried by a court competent to try offence, or

[ii] alter the finding maintaining the sentence, or.

[iii] with or without altering the finding, alter the nature or the extent or the nature and extent, of the sentence, so as to enhance or reduce the same.

(d) In an appeal from any other order, alter or reverse such order.

(e) Make any amendment or any consequential or incidental order that may be just or proper.
Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement.



Provided further that the Appellate Court shall not inflict greater punishment for the offence which is opinion the accused has committed, than might been inflicted for that offence by the Court passing the order or sentence under.

Thus, this was a concise analysis of what actually is an Appellate Court and powers of the Appellate Court.

Monday, 13 May 2019

Jurisdiction Of Criminal Courts Inquiries And Trial

Jurisdiction usually implies the authority provided to the court by law, for the purpose of ruling cases on matters of legal, within a particular area or a region of the country. Different courts are based upon different jurisdiction, along with distinct amount of money. For example, State Courts have the jurisdiction over the matters of the state only. However, today we are primarily going to focus on Jurisdiction Of Criminal Courts Inquiries And Trial.



Jurisdiction of criminal courts, refers to the power of criminal courts to hear a case brought by a state, denouncing the defendant of the commission of the crime. The term 'Jurisdiction of criminal courts,' is generally used in constitutional law or public law.




The jurisdiction of criminal courts mainly emphasises on regulation of relationship between states or between one state and another state ; regulation of relationship between federal courts and domestic courts comprising federation ; regulation of the type of cases to be adjudicated within the judicial system, by different classification of courts. The Jurisdiction Of Criminal Courts is been further discussed below.
jurisdiction-of-criminal-courts-inquiries-trial
Jurisdiction Of Criminal Courts 

Jurisdiction Of Criminal Courts Inquiries And Trial


1. Section 177 - Ordinary place of inquiries and trial :

Under this section, the magistrate within whose local jurisdiction, the offence is committed, is competent to take cognizance and to try the case. A magistrate has no jurisdiction outside his jurisdiction limits.

2. Section 178 - Place of inquiry or trial :

Under this section, the local areas refers to the local area to which this code applies. It does not include a local area in a foreign country.

3. Section 179 - Offence triable where act is done or consequence ensues :

This section applies to those offences which are not complete unless a specified consequence has happened. It means that, the consequences must be the necessary elements of the offence. Moreover, this section applies to those offences, which by their definition, consist of an act and it's consequence.



4. Section 180 - Place of trial where act is am offence by reason of relation to other offence :

This section is concerned, where an act is an offence by reason of it's relation to any other act which is also an offence. The following are some of it's illustration
 
(a) A charge of abetment may be inquired into

(b) A charge of receiving or retaining stolen goods may be inquired into

(c) Kidnapping

5. Section 181 - Place of trial in case of certain offences :

This section is concerned, where it is difficult for the complainant to find out, as to where the misappropriation actually occurred. Jurisdiction lies at the place where the property had to be delivered.



The hearing of a case by the court is based upon the repercussion of an alleged crime, which dictates which court will hear what type of case. Jurisdiction Of Criminal Courts Inquiries And Trial comprises these basic and significant sections, discussed so far.

Murder and difference between Culpable Homicide And Murder

The Indian Penal Code refers to the authorised criminal code of India. It encompasses diversed forms of criminal aspects of the country. Moreover, it comprises certain offenses under varied sections, among them are Murder and Culpable Homicide, upon which we are going to put on our focus today. What actually is Murder and difference between Culpable Homicide And Murder, is worthy to have cognizance about, as there's a very thin line that differentiates each of them.



Before knowing more about it, another significant thing is to know a little more about the India Penal Code, as because the topic we are going to cover today comes under the Indian Penal Code itself. So, the Indian Penal Code came into being during the British rule. It was basically commenced on 01 January 1862. It was been started with a basic motive of providing a penal code of India. It comprises 23 chapters and 511 sections.



The offenses, Culpable Homicide and Muder, about which we are primarily going to focus on today, falls under the Chapter of XVI, and under Sections 299 and 300 respectively.To know more let's find out about Culpable Homicide And Murder stated further.


murder-and-difference-between-culpable-homicide-murder
Difference between Culpable Homicide And Murder

Murder and difference between Culpable Homicide And Murder

Murder
Murder is derived from the Proto-Indo-European word 'mrtŕo' which signifies 'to die.'
Murder refers to the unlawful killing of another human which is done without any justification or valid excuse. Murder is basically a crime. It specifies the unlawful killing of a person with malice afore thought.

According to William Blackstone 'when a person of sound memory and discretion, unlawfully kills any reasonable creature in being and under the king's peace, with malice aforethought, either express or implied.' He cited this universal definition of murder in his book 'Commentaries on the Laws of England'

Section 300 of Indian Penal Code is concerned with the case, where Culpable Homicide is murder, thus signifying that a Culpable Homicide is murder only if it falls under any of the clause of Section 300, and if not so, it cannot be referred to murder. Murder includes culpable homicide, but a culpable homicide cannot be referred to murder.




Difference between Culpable Homicide and Murder

Culpable Homicide
1. Definition : Culpable Homicide refers to the killing of a human being by another human being. It may be either lawful or unlawful in nature.

2. Section concerned : Section 299 of Indian Penal Code is concerned or deals with Culpable Homicide.

3. Is not related to murder : All Culpable Homicide is not murder. It can be referred to murder, only if it falls under any of the clause of Section 300.

4. Intention to kill a person : Under the offense of Culpabale Homicide, a person doesn't kill another person intentionally, for which this offense is termed as Culpable Homicide and not Murder. But the bodily injury caused by the offender must be intentional, which may or may not result to the death of that person.

5. Ingredients :

(i) Causing of death of a human being - Death means death of a human being. It does not include the death of an unborn child, such as a child in mother's womb.

(ii) By doing an Act - Death must have been caused by doing an act such as poisoning, starving, striking, drowning etc.

(iii) The Act must have been done
a) With the intention of causing such bodily injury
b) With the knowledge by such act to cause death



Murder

1. Definition : Murder refers to the unlawful killing of another human without any justification or valid excuse. It specifies the unlawful killing of a person with malice afore thought.

2. Section concerned : Section 300 of Indian Penal Code is concerned or deals with murder.

3. Is related to culpable homicide - All murder can be referred ro culpable homicide, without being falling under any Sections.

4. Intention to kill person : Under the offense of Murder, a person kills another person intentionally with his/her full concern of mind, for which this offense is termed as Murder and not Culpable Homicide. The offender here, has full knowledge that the bodily injury caused by him, will definitely lead to the death of the other person.

5. Ingredients :

(i) There must be the presence of bodily injury.

(ii) The nature of the injury must be proven.

(iii) The crime caused, must be intentional in nature, neither for self defence nor accidental nor any other factors that may be proven to be unintentional.



Thus, all about Murder and Difference between Culpable Homicide and Murder, that we glanced so far, was been stated in the brief possible way, to grasp it's main significance within minutes, which I hope it rightly did.

Follow by Email

Subscribe Our Newsletter