TAXMANN® Chapter 1 SOURCES OF LAW 1.1 Chapter 2 CONSTITUTION OF INDIA 2.1 Chapter 3 INTERPRETATION OF STATUTES 3.1 Chapter 4 GENERAL CLAUSES ACT, 1897 4.1 Chapter 5 ADMINISTRATIVE LAW 5.1 Chapter 6 LAW RELATING TO TORTS 6.1 Chapter 7 LIMITATION ACT, 1963 7.1 Chapter 8 CODE OF CIVIL PROCEDURE, 1908 (CPC) 8.1 Chapter 9 INDIAN PENAL CODE, 1860 9.1 Chapter 10 CRIMINAL PROCEDURE CODE 10.1 Chapter 11 INDIAN EVIDENCE ACT, 1872 11.1 Chapter 12 SPECIAL COURTS, TRIBUNAL UNDER COMPANIES ACT AND OTHER LEGISLATIONS 12.1 Chapter 13 ARBITRATION AND CONCILIATION ACT, 1996 13.1 I-5 CHAPTER-HEADS
®TAXMANN I-6 Chapter 14 INDIAN STAMP ACT 14.1 Chapter 15 REGISTRATION ACT, 1908: REGISTRATION OF DOCUMENTS 15.1 Chapter 16 RIGHT TO INFORMATION ACT, 2005 16.1 Chapter 17 INFORMATION TECHNOLOGY ACT, 2000 17.1 IMPORTANT CASE LAWS C.1
TAXMANN® I-7 CONTENTS 1 SOURCES OF LAW 1. 1.1 2. 1.1 3. 1.2 4. 1.2 5. 1.3 6. 1.3 7. 1.3 8. 1.4 9. 1.5 10. 1.5 11. 1.6 12. 1.6 13. 1.7 14. 1.7 15. 1.8 16. 1.8 17. 1.9 18. 1.10 19. 1.10 20. 1.11 21. 1.12 22. 1.12
®TAXMANN I-8 2 CONSTITUTION OF INDIA 1. 2.1 2. 2.1 3. 2.2 4. 2.2 5. 2.2 6. 2.3 7. 2.4 8. 2.4 9. 2.5 10. 2.5 11. 2.5 12. 2.8 13. 2.8 14. 2.9 15. 2.9 16. 2.9 17. 2.10 18. 2.11 19. 2.11 20. 2.12 21. 2.12 22. 2.13 23. 2.13 24. 2.13 25. 2.15 26. 2.16 27. 2.16 28. 2.16 3 INTERPRETATION OF STATUTES 1. 3.1 2. 3.1 3. 3.1 4. 3.2 5. 3.2
TAXMANN® I-9 6. 3.2 7. 3.3 8. 3.3 9. 3.4 10. 3.4 11. 3.5 12. 3.6 13. 3.7 4 GENERAL CLAUSES ACT, 1897 1. 4.1 2. 4.1 3. 4.2 4. 4.6 5. 4.7 6. 4.8 7. 4.9 5 ADMINISTRATIVE LAW 1. 5.1 2. 5.1 3. 5.2 4. 5.2 5. 5.2 6. 5.3 7. 5.3 8. 5.4 9. 5.4 10. 5.4 11. 5.5 6 LAW RELATING TO TORTS 1. 6.1 2. 6.1 3. 6.1
®TAXMANN 4.I-10 6.2 5. Damnum sine injuria 6.2 6. Injuria sine damno 6.2 7. 6.3 8. Mens rea 6.3 9. 6.3 10. 6.3 11. Rylands Fletcher 6.4 12. 6.5 13. Ryland Fletcher 6.5 14. 6.6 15. 6.6 16. 6.6 17. 6.7 18. 6.7 19. 6.7 20. 6.8 21. 6.8 22. 6.8 7 LIMITATION ACT, 1963 1. 7.1 2. 7.1 3. 7.2 4. 7.2 5. 7.3 6. 7.3 7. 7.3 8. 7.4 9. 7.4 10. 7.4 11. 7.5 12. 7.6 13. 7.6 14. 7.6
TAXMANN® I-11 8 CODE OF CIVIL PROCEDURE, 1908 (CPC) 1. 8.1 2. 8.1 3. 8.1 4. 8.2 5. 8.3 6. 8.3 7. 8.3 8. 8.3 9. res sub judice 8.4 10. 8.4 11. Res judicata 8.4 12. 8.5 13. 8.6 14. 8.6 15. 8.7 16. 8.7 17. 8.8 18. 8.8 19. 8.9 9 INDIAN PENAL CODE, 1860 1. 9.1 2. 9.1 3. 9.2 4. mens rea 9.2 5. 9.3 6. 9.3 7. 9.5 8. 9.6 9. 9.6 10. 9.7 11. 9.8 12. 9.9 13. 9.9
®TAXMANN 14.I-12 9.10 15. 9.10 10 CRIMINAL PROCEDURE CODE 1. 10.1 2. 10.1 3. 10.3 4. 10.3 5. 10.4 6. 10.4 7. 10.5 8. 10.6 9. 10.6 10. 10.6 11. 10.7 12. 10.7 13. 10.8 14. 10.8 15. 10.8 16. 10.9 17. 10.9 18. 10.10 19. 10.10 20. 10.10 21. 10.10 22. 10.11 11 INDIAN EVIDENCE ACT, 1872 1. 11.1 2. 11.1 3. 11.1 4. 11.2 5. 11.2 6. 11.2 7. 11.3 8. 11.3 9. 11.3
TAXMANN® I-13 10. 11.4 11. 11.4 12. 11.4 13. 11.5 14. 11.5 15. 11.6 16. 11.7 17. 11.7 18. 11.7 19. 11.8 20. 11.8 21. 11.8 22. 11.9 23. 11.9 24. 11.10 25. 11.10 26. 11.10 27. 11.11 28. 11.11 29. 11.11 30. 11.12 31. 11.12 32. 11.12 12 SPECIAL COURTS, TRIBUNAL UNDER COMPANIES ACT AND OTHER LEGISLATIONS 1. 12.1 2. 12.1 3. 12.2 4. 12.2 5. 12.3 6. 12.3 7. 12.4 8. 12.5 9. 12.6 10. 12.6 11. 12.7 12. 12.7
®TAXMANN 13.I-14 12.7 14. 12.8 15. 12.8 16. 12.8 17. 12.9 18. 12.9 19. 12.10 13 ARBITRATION AND CONCILIATION ACT, 1996 1. 13.1 2. 13.1 3. 13.2 4. c 13.2 5. e 13.3 6. f 13.3 7. g 13.3 8. 13.4 9. 13.4 10. 13.4 11. 13.5 12. 13.5 13. 13.6 14. 13.6 15. 13.6 16. 13.7 17. 13.7 18. 13.8 19. 13.8 20. 13.9 21. 13.10 22. 13.10 23. 13.11 24. 13.11
TAXMANN® I-15 14 INDIAN STAMP ACT 1. 14.1 2. 14.1 3. 14.2 4. 14.3 5. 14.3 6. 14.4 7. 14.4 8. 14.5 9. 14.5 10. 14.5 11. 14.6 12. 14.6 13. 14.6 14. 14.7 15. 14.7 16. 14.7 17. 14.8 18. 14.8 19. 14.8 20. 14.9 21. 14.9 22. 14.10 15 REGISTRATION ACT, 1908: REGISTRATION OF DOCUMENTS 1. 15.1 2. 15.1 3. 15.2 4. 15.2 5. 15.3 6. 15.3
®TAXMANN 7.I-16 15.4 8. 15.4 9. 15.4 10. 15.5 11. 15.5 12. 15.5 13. 15.6 14. 15.6 15. 15.7 16. 15.7 17. 15.7 16 RIGHT TO INFORMATION ACT, 2005 1. 16.1 2. 16.2 3. 16.4 4. 16.5 5. 16.5 6. 16.5 7. 16.6 8. 16.7 9. 16.7 10. 16.8 11. 16.9 12. 16.10 13. 16.10 14. 16.11 15. 16.12
TAXMANN® I-17 17 INFORMATION TECHNOLOGY ACT, 2000 1. 17.1 2. 17.1 3. 17.1 4. 17.2 5. 17.4 6. 17.4 7. 17.5 8. 17.5 9. 17.5 10. 17.6 11. 17.6 12. 17.7 13. 17.7 14. 17.8 15. 17.8 16. 17.9 Important Case Laws C.1
Cognizable
The law of criminal procedure is meant to be complimentary to criminal law.
10 CHAPTER
The Code of Criminal Procedure creates the necessary machinery for apprehending the criminals, investigating the criminal cases, their trials before the criminal courts and imposition of proper punishment on the guilty person.
1. INTRODUCTION
TAXMANN® 10.1
Inquiry Section 2(g)
Itmeans every inquiry, otherthan a trial, conductedunder this Codeby a Magistrate or Court Investigation - Section 2(h) It includes all the proceedingsunder this Code for the collection of evidenceconductedby a police officer or byany person (otherthan a Magistrate) who is authorisedby a Magistrate in thisbehalf.
Criminal law occupies a pre dominant place among the agencies of social control and is regarded as a formidable weapon that society has forged to protect itself against anti social behaviour.
Criminal Procedure Code
The Code of Criminal Procedure, 1898 (Cr. P.C.) was repealed by the Code of 1973 enacted by Parliament on 25th January, 1974 and made effective from 1.4.1974. IMPORTANT DEFINITIONS offence Section 2(b) It means an offence for which, and "cognizable case" means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. Complaint - Section 2(d) Itmeans any allegation made orally or inwriting to a Magistrate, with a view to histaking butdoesnotincludecommittedsomeunderthisCode,thatactionperson,whetherknownorunknown,hasanoffence,apolicereport
2.
It includes any proceeding in the course of which evidence is or may be legally taken on oath. Non cognizable offence Section 2(l)
reaMens
proceeding.actoftheappointedotherincludessuchtobeinglaworauthorisedmeansCourt,apersonbyunderanyforthetimeinforce,practiceinCourt,andanywithpermissiontheCourttoinsuch
It means an offence for which, and "non cognizable case" means a case in which, a police officer has no authority to arrest without warrant. Offence Section 2(n)
®TAXMANN 10.2 Judicial proceeding
It means any
ProsecutorPublic 2(Section u ) Pleader2(Section q )When used with reference to proceedingany in any
Section 2(i)
Prosecutor.Publicdirectionsunderpersonincludes24,underappointedpersonsectionandanyactingtheofa Mens rea means a guilty mind unless an act is done with a intention,guilty it will not Thuspunishable.criminallybe mens rea is an offenceeveryingredientinessentialcriminal
It means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1871 (1 of 1871).
Summons case Section 2(w)
Itmeans a case relating to an offence, andnotbeing a warrant case Warrant-case Section 2(x) Itmeans a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years
A “bailable offence” means an offence which is shown as bailable in the First Schedule or which is made bailable by any other law for the time being in force.
Complaint [Section 2(d)] Complaint means any allegation made orally or in writing to a Magistrate, that some person, whether known or unknown,has committed an offenceItdoes not include a police reportThere is no particularformat of a complaint.A petition addressed to the Magistrate containing anallegation that an offence has been committed, andending with a prayer that the culprit be suitablydealt withis a complaint Bail It meansthe release of the accused from the custody of the officers of law and entrustinghim to the private custody of personswho are sureties to producethe accused to answer the charge at the stipulatedtime or date Inquiry [Section 2(g)]
3. BAILABLE OFFENCE AND NON-BAILABLE OFFENCE
Bailable offence
It is less serious offence
It may be observed from the First Schedule that non-cognizable offences are usually bailable while cognizable offences are generally non-bailable.
If an offence which is punishable with imprisonment for less than 3 years or with fine only, it is bailable For bailable offence, police officer is authorised to arrest with warrant Non bailableoffence
CognizableOffence
Non bailable offence means any other offence other than bailable
Bail is generally granted by police officer in charge or by court
Generally non cognizable
Generally cognizable For non bailable offence, police officer is authorised to arrest without warrant
Example Misappropriation of property
Non bailable offence is an offence which is punishable with a death penalty or life imprisonment for 3 years or more
4. COGNIZABLE OFFENCE AND NON-COGNIZABLE OFFENCE
TAXMANN® 10.3
Cognizable offence means an offence for which a police officer arrest without warrant.
It is generally non bailable and more serious Example Murder
NonOffencecognizable
Non cognizable offence means an offence in which a police officer has no authority to arrest without warrant. It is generally bailable and less serious offence Thus, a non cognizable offence needs special authority to arrest by the police officer.
It is more serious offence
It means every inquiry other than a trial, conductedunder this Code by a Magistrate or CourtFeaturesTheinquiry isdifferent from a trialincriminal matters Inquiry is widerthan trial It stops when trial begins Inquiry may be judicial or non judicial
Summons case means a case relating to an offence and not being a warrant case which means all cases which are not punishable with death, imprisonment for life or imprisonment for a term exceeding 2 years are summon cases A summon case can be converted into warrant case Warrant case [Section 2(x)]
A Warrant case means a case relating to an offence punishable with ImprisonmentDeath, for life or Imprisonment for a term exceeding 2 years. A warrant case cannot be converted into summons case
It includes any proceedingin the course of whichevidenceis or may belegally taken on oath. The term judicial proceedingincludesinquiryand trial but not investigation. SUMMONS AND WARRANT CASES
6. CLASSES OF CRIMINAL COURTS High JudicialCourtsCourtofSession;Magistrates of the first class, and, in any metropolitan area; Metropolitan JudicialMagistratesMagistrates of the second class Executive Magistrates
Investigation [Section 2(h)]
It includesall the proceedingsunderthis Code for the collection of evidence conducted by a police officeror by any person(other than a Magistrate) who is authorised by a Magistrate inthisbehalf. Main object is to collect evidence Investigation is never judicial
5.
Summons case [Section 2(w)]
®TAXMANN 10.4
Judicial Proceeding [Section 2(i)]
TAXMANN® 10.5 7. POWER OF COURTS
Magistrate of first class A Magistrate of the second class may pass a sentence of imprisonment for a term Not exceeding one year, or Fine not exceeding five thousand rupees, or Both. Magistrate of second class
High Court may pass any sentence authorised by law
ChiefMagistrateJudicial Magistrate of the first class may pass a sentence of imprisonment for a term Not exceeding three years or Fine not exceeding ten thousand rupees, or Both.
AssistantJudgeSessions
Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years
OCESTIN28SECTION29
Section 30 - Court of a Magistrate may award such term of imprisonment in default of payment of fine which should not exceed 1/4th of the imprisonment power of the Magistrate.
High Court Session Judge or Additional Session Judge can pass any sentence authorised by law, but any sentence of death passed by any such judge shall be subject to confirmation by the High Court.
Session Judge or AdditionalJudgeSession Assistant Sessions Judge can pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for life of imprisonment for a term exceeding ten years
9. ARREST
If any person who is accused of committing a non cognizable offence does not give his name, residence or gives a name and residence which the police officer feels to be false, he may be arrested. ARREST BY A PRIVATE PERSON
Section 43
The Section authorises a police officer or other person making an arrest to actually touch or confine the body of the person to be arrested and such police officer or other person may use all necessary means to effect the arrest if there is forcible resistance. The word “arrest” consists of taking into custody of another person under authority empowered by law, for the purpose of holding or detaining him to answer a criminal charge and preventing the commission of a criminal offence. When a person is arrested under a warrant: The person arrested to be taken before Magistrate/Police officer within 24 hrs Nearest Magistrate can order custody of maximum 15 days Magistrate can remand custody for maximum 60 days.
®TAXMANN 10.6 8. ARREST OF PERSONS - SECTION 41
A police officer may arrest a person without an order from a Magistrate and without a warrant such as: Who has been concerned in any cognizable offence Who has in possession of any implements of house breaking without lawful excuse Who obstructs a police officer while in the execution of his duty Who is suspectedreasonablyofbeinga deserter from any of the armed forces of the union For whose arrest any requisition has been received from another police himauthorisedofficertoarrestwithoutwarrant ON REFUSAL TO GIVE NAME AND RESIDENCE - SECTION 42, ARREST BY A PRIVATE PERSON - SECTION 43 & BY MAGISTRATE - SECTION 44
ARREST ON REFUSAL TO GIVE NAME AND RESIDENCE
ARREST
ARREST BY MAGISTRATE Section 44
Section 42
A private person may arrest any person who in his presence commits a non bailable offence. Person so arrested should be handed over to the nearest police station.
The Magistrate has been given power to arrest a person who has committed an offence in his presence.
10. ARREST HOW MADE - SECTION 46
ARREST HOW MADE - Section 46
A summon is issued either for appearance or for producing a document or thing which may be issued to an accused person or witness. Every summons issued by the Court shall be in writing, in duplicate, signed by the Presiding Officer of such Court or by such officer as is authorised by the High Court and shall bear the seal of the Court (Section 61).
Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court, and shall bear the seal of the Court. It is an order given to the police officer or the authorised person to arrest the person. The form of warrant of arrest is Form No. 2 of the Second Schedule Such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed. (Section 70) It must be in writing. It must bear the name and designation of the person who is to execute it It must give full name and description of the person to be arrested It must state the offence charged It must be signed by the presiding officer It must be sealed Person accused shall be presented before the court within 24 hours of his arrest excluding the journey time from one place of arrest to magistrate court
TAXMANN® 10.7 11. SUMMONS
The summons should be clear and specific in its terms as to the title of the Court, the place at which, the day and time of the day when, the attendance of the person summoned is required.
The summons shall be served by a police officer or by an officer of the Court or other public servant (Section 62).
The service of summons on a corporation may be effected by serving it on the secretary, local manager or other principal officer of the corporation, or by letter sent by registered post, addressed to the Chief Officer of the corporation in India. (Section 63) The word “corporation” in this Section means an incorporated company or other body corporate and includes a society registered under the Societies Registration Act, 1860 OF ARREST
12. WARRANT
Arrest to prevent the commission of Cognizable offence
If a Court has reason to believe that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, the Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than 30 days from the date of publishing such proclamation
Sections 150 and 151 This section authorises a police officer to prevent injury to public property, movable or immovable.
Prevention of injury to Public Property
Inspection of weights and measures Section 153
This section authorises a police officer to prevent the commission of any cognizable offence.Police to prevent Cognizable offence
Where a warrant remains unexecuted, the Code provides for two remedies:
(1) where the Court has reason to believe that a person summoned to produce any document or other thing will not produce it (2) where such document or thing is not known to the Court to be in the possession of any person (3) where a general inspection or search is necessary. However, a search warrant may be general or restricted in its scope as to any place or part thereof.
2. Attachment and sale of property (Section 83)
(i) Any officer incharge of the police station may without a warrant enter any place within his jurisdiction for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that the weights, measures or instruments for weighing are false. (ii) If he finds such things, he may seize the same and shall give information of such seizure to a Magistrate having jurisdiction.
14. SEARCH WARRANT SECTION 93
While issuing proclamation, the Magistrate must record to his satisfaction that the accused has absconded or is concealing himself. The object of attaching property is not to punish him but to compel his appearance
Section 152
Section 149
®TAXMANN 10.8 13. PROCLAMATION AND ATTACHMENT
1. Issuing a proclamation (Section 82)
According to Section 93, a search warrant can be issued only in the following cases:
15. PREVENTIVE ACTION OF THE POLICE AND THEIR POWERS TO INVESTIGATE
The arrested person can be detained in custody only for 24 hours unless his further detention is required under any other provsions of this Code or of any other law.
(Section 173) Search by police officer
Section 190 relates to cognizance of offences AnyMagistrates.byMagistrate of first class and of the second empoweredspeciallyclass may take cognizance of an offence upon: (1) receiving a complaint of facts constituting such (2)offence;apolice report of such facts; (3) personreceivedinformationfromanyotherthan a police officer; (4) his knowledgeown that such offence has been committed.
In case of a cognizable offence the police officer may conduct investigations without the order of Magistrate.a Police officer’s powers to investigate cognizable case Section 156
The Court of Session does not cognizancetake of any offence, as a Court of Magistrate.bycommittedhasunlessjurisdictionoriginalthecasebeentoitacompetent
Section 155
The above information given to a police officer and reduced to writing is known as First Information Report(FIR). Any person aggrieved by a refusal on the part of an officer incharge of a police station to record the information may send in writing and by post to the Superintendent of concerned.Police 154
When information is given to an officer incharge of a police station of the commission within the limits of such station of a non cognizable offence, he shall enter the information in the prescribed book and refer the informant to the Magistrate. The police officer is not authorised to investigate a non cognizable case without the order of Magistrate having power to trycasessuch Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case Information as to non cognizable cases and investigation of such cases
ofCourtsbyoffenceanofCognizance SessionMagistratebyoffenceanofCognizance
TAXMANN® 10.9 16. INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
17. POWERS OF MAGISTRATE
This Section authorises general search if the police officer has reason to believe that anything necessary for the purpose of an investigations may be found, such officer must record in writing his reasons for making of search.a Every investigation must be completed without undue delay. On completion of investigation, the competent police officer under the Code shall forward a police report with the prescribed details to a Magistrate empowered to take cognizance of the offence and send along with the report all documents or relevant extracts on which the prosecution intends to rely.
Information in cognizable cases Section
Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction and be read over to the informant. A copy of information shall be given to the informant.
®TAXMANN 10.10 18. LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
Except as otherwise specifically provided in the Code, no Court shall take cognizance of an offence after the expiry of the period of limitation mentioned below: ) Six months if the offence is punishable with fine only. (b) One year if the offence is punishable with imprisonment for a term not exceeding one year (c) Three years if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years OF THE PERIOD OF LIMITATION - (SECTION 469)
(a
19. COMMENCEMENT
The period in relation to an offender commences (a) on the date of the offence (b) if the commission of the offence was not known to the person aggrieved or to the police officer, the first day on which either such offence comes to the knowledge of such person or to any police officer, whichever is earlier (c) where the identity of the offender is not known, the first day on which such identity becomes known either to the person aggrieved or the police officer whichever is earlier
20. SUMMARY TRIALS iii 21. PROVISIONS FOR SUMMARY TRIALS bac viiiviiiiiiiiivvviix
TAXMANN® 10.11 22. RECORD IN SUMMARY TRIALS & JUDGMENT IN SUMMARY TRIALS
Record in summarytrials
The register containingthe particulars mentionedabove forms the record in a summary trial Judgment in summarytrials
(i) In everycase tried summarily in whichthe accused doesnotplead guilty, the Magistrate shall record the substance of the evidence and a judgmentcontaining a brief statement of the reason for thefinding Theconcerned Magistrate must sign such record andjudgment (ii) Thequestionwhether a case may be tried summarily by a Magistrate as provided in this Section and if the offence issummarilytriable, it is a matter of discretion of the Magistrate, which is to be judicially exercised with due care as well as consideringthe circumstances of the case
The Magistrate shallenter in the prescribed form the following particulars in everycase tried (1)summarily:theserial number of the case (2) thedate of the commission of the offence (3) thedate of the report or complaint (4) the name of thecomplainant (if any) (5) the name, parentageand residence of the accused (6) the offence complained of and the offence proved,and the value of the property in respect of whichthe offence has been committed (7) theplea of the accused andhis examination if any (8) thefindings (9) the sentence or otherfinalorder (10) thedate on whichproceedings terminated
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