- According to section 338, whenever any relative or friend of any person detained under the provisions of section 330 or 335 desires that he shall be delivered to his care and custody, the state government may, upon the application of such relative or friend, order such person to be delivered to him.
- Provisions as to offences affecting the Administration of Justice are provided under chapter 26 (Sec 340-353).
- Section 340 provides the procedure in cases mentioned in section 195.
- Section 344 says that Summary procedure for trial against witnesses which gave false evidence.
- Section 345 of Crpc provides for the procedure in cases of contempt under section 175, 178, 179, 180 or section 228 of IPC.
- Section 348 provides that where the Court has under section 345 adjudged any offender to punishment, the court may, in its discretion, discharge the offender or remit his punishment on apology.
- According to section 349 of Crpc, if a witness or a person has been called to produce a thing or document in court refused to answer such questions as put to him or to produce that thing which the court requires him to produce without any reasonable excuse, the court can sentence him to simple imprisonment upto 7 days.
- If the person sent to simple imprisonment under section 349 continues to refuse, he may be dealt with by provisions of section 345 or 346 of Crpc.
- Section 350 provides that a witness may be tried summarily if he refused to attend at the place and time in obedience to summons.
- Appeals from section 344, 345, 349 and 350 shall be filed under section 351.
- The provisions regarding Judgment are prescribed under chapter 27 (Sec 353-365)
- As per section 353 of Crpc, the judgment shall be pronounced in open court.
- As per section 354, the judgment shall be written in the language of the court, shall contain the points of determination, the reasoned decision thereon.
- When the conviction is for an offence punishable with death or, in alternative, with imprisonment for life or for a term of years, the judgment shall state the reasons for the sentence awarded, and, in case of sentence of death, the special reasons for such sentence. (Section 354(3))
- Section 355 talks about judgment by Metropolitan Magistrate.
- Section 357 of Crpc contains the law relating to compensatory justice.
- The compensation to victim under section 357 of Crpc can be passed by the Trial court or Appellate court or the Revisional court.
- The Victim Compensation Scheme under section 357A was incorporated in 2009.
- Victim Compensation Scheme has been provided under Crpc by Crpc (Amendment) Act, 2008.
- As per the Victim compensation scheme, every state government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime.
- Section 357B provides that the compensation payable by the state government under section 357A shall be in addition to payment of Pune to the Victim under section 326A or section 376D of IPC.
- Treatment of victim has been incorporated under Crpc by Criminal Law (Amendment) Act, 2013 under section 357C.
- The hospital run by the central government, the state government, local body or any other persons contravenes he provisions of section 357C, shall be punished under section 166B of IPC.
- In Laxmi vs Union of India, the Supreme Court has given directions for the medical treatment of the victim of acid attack.
- Magistrate by whom the case is heard may award such compensation, not exceeding one thousand rupees to be paid to any person groundlessly arrested by the person so causing the arrest. (Sec 358)
- The maximum default sentence that can be awarded in case of non-payment of compensation under section 358 of Crpc is 30 days.
- Section 359 of Crpc provides that in any complaint of non-Cognizable offence, the court may order the accused to pay costs to the complainant, in addition to the penalty imposed upon him.
- The provisions of Section 360 of Crpc shall not apply to any person above the age of 18 years who is found guilty of having committed an offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Section 360 of Crpc talks about order to release on probation of good conduct or after admonition.
- When a person not under 21 yrs of age is convicted of an offence punishable with fine or with imprisonment for a term upto 7 yrs, and no previous conviction if proved against the offender, if it appears to the court before which he is convicted, regard being had to his age, charter or antecedents, the court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond and to keep the peace and be of good behaviour. (Sec 360(1))
- When a person under 21 yrs of age or any woman is convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the court before which he is convicted, regard being had to his age, charter or antecedents, the court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond and to keep the peace and be of good behaviour. (Sec 360(1))
- If a person is convicted of theft, theft in building, dishonest misappropriation, cheating or any offence under IPC punishable upto 2 yrs or with fine only and no previous conviction is proved against him, the court may instead of sentencing him to any punishment, release him after due admonition. (Sec 360(3))
- An order under section 360 can be made by any Appellate Court or by the High Court or Court of Sessions when exercising its powers of Revision.
- If the court is satisfied that the offender has failed to observe any of the conditions of his recognizance, it may after hearing the case against him, pass sentence. (Section 360(9))
- Under section 362 of Crpc, the review of a judgment or final order is prohibited except to correct a clerical or arithmetical error.
- Section 362 of Crpc provides that no court shall alter the judgment after if has been signed.
