Cr.PC One Liner Study Notes

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  • Section 470(3) says that where before instituting a prosecution, the previous consent or sanction from the government is required then such period for obtaining the consent or sanction shall be excluded.
  • Where the period of limitation expired on a day when the court is closed. The court may take cognizance on the day in which the court reopens. (section 471)
  • In case of continuing offence, a fresh period of limitation shall begin at every moment of the time during which the offence continues. (Sec 472)
  • The court may make cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interest of justice. (Sec 473)
  • Miscellaneous provisions are provided under chapter 37 (Sections 474-484).
  • Section 474 says that if an offence is tried by the High Court otherwise than under section 407, it shall observe the same procedure as a Court of Sessions would observe.
  • Section 475 deals with the provisions relating to delivery to commanding officers of persons liable to be tried by Court-martial.
  • Section 477 provides that the every High Court may, with the previous approval of the State Government make rules.
  • Section 478 deals with the powers of the State Government, after consultation with the High Court, to alter functions allocated to Executive Magistrate.
  • Section 479 says that no Judge or Magistrate shall try any case in which he is personally interested. 
  • Where any Judge or Magistrate is personally interested in a case, he shall neither try not commit for trial such cases, nor shall hear any appeal in such case, provided prior permission of its appellate court has been obtained. (Sec 479)
  • Section 480 provides that a practicing pleader will not sit as Magistrate in the courts where he practices or in any court within the local jurisdiction of that court.
  • Section 481 provides that a public servant having any duty to perform in connection with the sale of any property shall not purchase or bid for the property.
  • Section 482 of Crpc says that inherent powers can be exercised by the High Court.
  • Under section 482 of Crpc a joint trial can be split up.
  • A high court under its inherent powers conferred under section 482 of Crpc, can quash proceeding of case pending before a criminal court.
  • Form no. 42 of the second schedule of Crpc prescribed the mode of execution of sentence of death that the convict be hanged by the neck until he be dead.
  • In State of Haryana vs. Bhajan Lal, it was directed by the Supreme Court to the High Courts to exercise jurisdiction under section 482 of Crpc.
  • While exercising inherent powers under section 482 of Crpc, the High Court can’t review its own judgment of order or to give police custody from judicial custody or to convert itself into a court of appeal when legislature has not authorized it expressly or indirectly.
  • Section 483 of Crpc provides that there is a duty upon every High Court to exercise its superintendence over the courts of Judicial Magistrate subordinate to it.
  • Offences against other laws (except IPC) are punishable with imprisonment for 3 years and upwards but not more than 7 years then it will be cognizable and non-bailable.
  • Classification of bailable and non-bailable offences in Crpc is provided under first schedule of Crpc.
  • Form no. 32 of the second schedule of Crpc provided the format for framing of Charges.

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