Cr.PC One Liner Study Notes

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  • Any offence under any other law shall, when a court is mention in such law, be tried by such court and when no court is so mentioned, may be tried by the High court or any other court by which such offence is triable under 1st schedule. ( sec 26 (b))
  • Any offence not punishable with death or imprisonment for life, committed by any person under the age of 16 yrs when brought before the court, may be tried by Chief Judicial Magistrate or by any court specially empowered under the Children Act, 1960. (Section 27)
  • High court may pass any sentence authorized by law. (Sec 28)
  • A Sessions judge and Additional Sessions Judge may pass any sentence authorized by law but death sentence passed by any such judge shall be subject to confirmation by the High court. (Sec 28)
  • An Assistant Sessions Judge may pass a sentence upto 10 years. (sec 28)
  • A Chief Judicial Magistrate may pass a sentence upto 7 years and/ or any fine. (Section 29)
  • A Judicial Magistrate 1st class may pass a sentence upto 3 years and/or a fine upto 10,000₹. (Section 29)
  • A Judicial Magistrate 2nd class may pass a sentence upto 1 years and/or a fine upto 5,000₹. (Section 29)
  • Sentence of imprisonment in default of fine is provided under section 30(1). According to which a magistrate shall not exceed 1/4th of the term of imprisonment which the magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. 
  • The imprisonment awarded in default of fine may be in addition to a substantive sentence awarded by magistrate for the offence. (Section 30(2))
  • When a person is convicted at a trial of 2 or more offences, the court may, subject to section 71, IPC, sentence him for such offences and such punishments may run either concurrently or consecutively. (Sec 31(1))
  • In case of consecutive sentences the person shall not be sentenced to imprisonment for a period longer than 14 years and also that the aggregate punishment shall not exceed twice the amount of punishment which the court is competent to inflict for a single offence. (Sec 31(2))
  • Police officers superior in rank to IO may exercise the same powers throughout the local area to which they are appointed as may be exercised by such officer. (Sec 36)
  • Public is bound to assist a magistrate or police officer reasonably demanding his aid. (Sec 37)
  • Section 39 provides public to give information of certain offences to be given to police officers.
  • Under section 41 a police officer can arrest a person without an order of the magistrate and without warrant.
  • Under sec 41A a PO shall, issue a notice directing a person against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such place as specified in notice.
  • If the person to whom a notice is issued under sec 41A fails to comply with the terms of notice, the police officer may arrest him for the offence mentioned in the notice.
  • Every PO while making the arrest shall inform the person arrested that he has a right to have a relative or friend named by him to be informed of his arrest. (Sec 41B)
  • The state government shall establish a police control room in every district and at state level. (Sec 41C)

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