Anonymous
01 May 2011 at 19:54
a person i know having two Identities means
one passport with 'x' name and with '19xx' date of birth and second with 'y' name with '19yy' name. how can i inform the indian authorities or this is common in india and nothing can be done?
ess
01 May 2011 at 17:37
Can a victim engage his counsel in a criminal case ? Is there any limitation on the role of that counsel ?
Which are the sections of Cr.P.C. under which this can be done ?
Any case laws on the subject may please be indicated.
Anonymous
01 May 2011 at 17:23
In Challan (charge sheet as you referred) Column No.1 contains the list of the accused who have been found guilty by police during investigation or after the completion of investigation and the Column No. 2 contains against whom the police finds no case or they are not found to be culprit by the police.
However it is upon the Magistrate either to accept or reject the police report. But how many columns are there in a charge sheet. Can anyone give me the format or copy of the charge sheet in the state of Maharashtra?
Which Section says that High court will not interfere the police investigation? so what about section 482 of the crpc it has no value. So we can say that section 482 is not applicable during investigation.
Thanks.
Thanks.
Anonymous
01 May 2011 at 17:21
F.I.R. means First Information Report, made to police, about commission of a cognizable offence, In effect, it amounts to putting law in to motion by giving information relating to the commission of a cognizable offence to an officer in charge of a police station, (which shall be reduced into writing and read over to the informant) and shall be signed by the person giving such information. So if the offence is non-cognizable offence than it is not called FIR but it is called as a NC. Tell me the section which says that if the offence is cognizable offence and given to the police & reduced in writing is called as FIR & if the complaint is of non-cognizable offence than it is called as a NC.
So there is a difference between FIR & NC Right?
1) Cognizable offence given to police than FIR Right?
2) Non- cognizable offence given to police than NC Right?
Provide me the section on the above mention point no 1 & 2.
Thanks.
Anonymous
01 May 2011 at 13:06
For bail-able offence does the police officer has the power to grant the bail or we have to go to the court than only we will get the AB. If the police has the powers than pls provide me the section. Also it has been said that bail can be granted by session court & second class magistrate only so pls provide me the section which says that AB is granted by the above mentioned court only? If answer is yes than why the second class magistrate has powers for AB & why not to chief judicial because as per section 29 (1) chief judicial has more powers than second class? Right
Thnk.
Anonymous
01 May 2011 at 12:59
Code of Criminal Procedure 1973 THE FIRST SCHEDULE
Query: Crpc, 1973 First Schedule says that which of the offence are triable or cognizable by which magistrate. But I have a query in mind after reading the Crpc, 1973 section 29 sub - section (3) Says That The court of a Magistrate of the Second Class may pass a sentence of imprisonment for a term not exceeding one years, or of fine not exceeding One thousand rupees, or both. Right But the First Schedule says that section 295 & 295A are cognizable or triable by any magistrate how it is possible? It should be mentioned only by the First Class or any higher rank in magistrate right. The belowmentioned for read reference.
Also section 29(4)
Chief Metropolitan Magistrate & Metropolitan Magistrate but what are their limits. It has been said that Chief Metropolitan Magistrate has the powers of (“Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class”) so can we say that the offence triable or cognizable by the mentioned magistrate under sub section (1)&(2) of section 29 can be triable by the Chief Metropolitan Magistrate ?
Also I would like to known that under session court which magistrate sits for the proceedings.
Also difference between Chief Metropolitan Magistrate & Metropolitan Magistrate because sub section 4 of section 29 uses the word (AND) for the powers given
29. Sentences, which Magistrates may pass.
(1) 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.
(2) 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 five thousand rupees, or both.
(3) 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 one thousand rupees, or of both.
(4) 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
State Of Maharashtra
S ection 295. Injuring or defiling place of worship with intent to insult the religion of any class
Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as a insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 295A. Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs
1[295A. Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs.
Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of 2[citizens of India], 3[by words, either spoken or written, or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to 4[three years], or with fine, or with both.]
4. Subs. by Act 41 of 1961, s. 3, for "two years" (w.e.f. 27-9-1961)
Thanks.
Anonymous
01 May 2011 at 12:26
Dear sir,s
Can you please inform what section 151 and how to get relief from it.
regards
Anonymous
01 May 2011 at 11:20
Respected Experts,A criminal case of IPC Sections 201,419,420,467,468 and 471 was filed against me in a magesterial court.In all there are 22 witnesses including the Panchas.Of these 22 witnesses one is from one company and the rest eighteen are from the another same company.The other three are the I/O and two panchs.The single witness from one company can attribute a set of forged document by deposing that the documents were presented to him by me and he had signed on them because he knew me.Please tell me how can I defend myself in this circumstances.
Neeraj Kaushal
01 May 2011 at 10:40
498A I.P.C. only against mother in law not against husband can be attracted or not.
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criminal law proceedings
Dear sir,
if wife had filled dv case with all false allegation.
there are any procedure or case filling through which we can appeal with proper evidence.
wife has filled dv case if husband filled divorce case it will make impact on the dv case.
thanks in advance.