Know the Law
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...
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...
Explainer : Booth Capturing During Elections As 'Corrupt Practice' Under RP Act
As India entered the first phase of Lok Sabha Elections 2024 on April 19, there were reports about incidents of booth capturing and destruction of Electronic Voting Machines (EVMs) in certain places.In this backdrop, the offence of booth capturing, the penalties that it attracts and the observations made by courts on the subject assume significance. This article, accordingly, attempts to...
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...