Cr.PC One Liner Study Notes

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  • Any court may issue a search warrant for document or thing but only District magistrate or Chief Judicial Magistrate can grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority. (Sec 93)
  • Under section 93 a search warrant is issued.
  • Search warrant under section 93 can also be issued in cases where the court has no knowledge about the document or thing to be in the possession of a person.
  • A declaration of forfeiture under section 95 can be set aside by High court.
  • An application to High Court to set aside declaration of forfeiture must be made within 2 months from the date of publication of such declaration in the official gazette. (Sec 96)
  • Section 97, Crpc resembles with the writ of Habeas corpus.
  • A district magistrate, sub-divisional magistrate or judicial magistrate of the 1st class may make an order to compel restoration of abducted females. (Sec 98)
  • For a search under section 100, 2 independent and respectable inhabitants of the locality to witness the search must be called, search memo must be signed by witnesses to search and the attendance of occupant of the place during search is also necessary.
  • Power of police officer to seize certain property is by virtue of section 102.
  • Any magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search warrant. (Sec 103)
  • The term “contracting state” is defined under section 105A
  • Under section 106 Crpc, provision for security for keeping the peace on conviction exists. The power to release the offender on such security is with Sessions court, Judicial Magistrate 1st class and Appellate or Revisional Court.
  • The time period for which security is taken from such person for keeping the peace does not exceed 3 years. (Sec 106)
  • An Executive Magistrate is empowered under section 107 to take security from a person for keeping peace in other cases, and this time period for which security is taken shall not exceed 1 year.
  • Under section 108 Crpc, an Executive Magistrate upon receiving information that a person might disseminate seditions matter, then such Magistrate may take security for good behaviour from such suspected person. The time period for this security is taken shall not exceed 1 year.
  • Under section 109 Crpc, an Executive Magistrate upon receiving information that a person might commit a cognizable offence, then such Magistrate may take security for good behaviour from such suspected person. The time period for this security is taken shall not exceed 1 year.
  • When an Executive Magistrate receives information that a habitual offender is within his local jurisdiction, then such Magistrate may take security for good behaviour from such habitual offender. The time period for which this security is taken shall not exceed 3 years.
  • If a person in respect of whom an order requiring security is made under section 106 or 117 of Crpc is, at the time such order is made, undergoing a sentence of imprisonment, the period for which such security is required shall commence on the expiration of such sentence.
  • Penalty under security bond can’t be remitted.
  • An order for maintenance of wives, children and parents under Crpc can be filed by Judicial Magistrate of the 1st class.

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