Cr.PC One Liner Study Notes

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  • Supply of copies to accused where the magistrate thinks that the case is exclusively triable by the court of Sessions. (Sec 208)
  • Subsequent/further Investigation is provided under sec 173(8) of Crpc.
  • Additional challan in a case is allowed on the evidence found in additional investigation.
  • After investigation pertaining to an offence of murder, then police files a cancellation report. Such report can be accepted by a Magistrate.
  • When the court finds that there is gross irregularity then only an order of Re-investigation can be made by High Court under section 482 Crpc or under article 226 of the Constitution of India.
  • Inquest Report is governed by provisions under section 174-176 of Crpc.
  • Whenever there is an unnatural death and the PO has a suspicion that it is caused by someone then this inquest report has to be prepared to find out the apparent cause of Death.
  • When the officer in charge of a police station receives information that a person has committed suicide then he shall immediately give intimidation thereof to the nearest Executive Magistrate empowered to hold Inquests. (Sec 174)
  • Inquest report shall be signed by such police officer and other persons and shall be forwarded to the District Magistrate. (Sec 174(2))
  • District Magistrate, Sub-Divisional Magistrate, Executive Magistrate and police officer have the power to hold Inquests.
  • When the case is of the nature referred to in sec 174(3) clause(i) or (ii), the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sec 174(1), may hold an inquiry into the cause of death instead of or in addition to the investigation held by the police officer. (Sec 176)
  • Under section 176(1), it is mandatory for Executive Magistrate to conduct Inquest proceedings.
  • Under section 176(1A) it is mandatory for Judicial Magistrate to conduct Inquest Proceedings.
  • In case of custodial death, the inquest proceedings will be conducted by Judicial Magistrate under section 176(1A).
  • Section 177 provides that wherever the consequence of the offence was committed, it must be tried by the court having jurisdiction over that area.
  • Sec 178 provides that where it is uncertain in which of several places an offences was committed or where it was partly committed in one and partly in another or where the offence is a continuing one and continues to be committed in more local areas than one or it consists of several acts done in different local areas then it may be inquired into or tried by a court having jurisdiction over any of such areas.
  • According to sec 179 offence may be triable at the place where the offence had been done or where its consequence ensued.
  • Section 180 provides that place of trial where act is an offence by reason of relation to other offence.
  • Section 181(1) provides that any offence of being a thug, or murder committed by a thug, of Dacoity, of Dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a court within whose jurisdiction the offence was committed or the accused person is found.

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