Such Magistrates shall be called Special Executive Magistrates and shall be appointed for such term as the State Government may, by general or special order, direct. Offence committed on a journey. Where a Magistrate is unable to come to a decision regarding possession on the date of the preliminary order he must refer the matter to the Civil Court. He cannot ignore them on the ground that there is affidavit against affidavit and base his finding of possession on documents or other circumstances. Criminal misappropriation and criminal breach of trust.
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Therefore no question of application of Sections and In India the privilege of refusing to answer has been removed so that temptation codw tell a lie may be avoided.
Service or notification of order. Special right of appeal in certain cases. Provided- first, that no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under Section secondly, that the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive; thirdly, that when the person in respect of whom the inquiry is made is a minor, the procedute shall be executed only by his sureties.
Provided that he shall pay for the same unless the Magistrate for some special reason thinks fit to furnish it free of cost.
Procedure where lunatic detained under section or is declared fit to be released.
First information not proved, effect. The fact that outsiders attested the panchnama contrary to SectionCr. Magistrate need not go into the question of rights of the parties.
Code of Criminal Procedure (India) - Wikipedia
State order is liable to be quashed. Unless such person then gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained such portion being deemed to cofe a ciminal equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have be entitled to releasethe District Magistrate or Chief Presidency Magistrate may remand such person to prison to undergo such unexpired portion.
Where warrant may be executed. When Civil litigation is pending, the Magistrate should choose Section as a choice proceeure Section and Section West Bengal Act 8 ofS. List of stolen articles.
Code of Criminal Procedure (India)
In its application to the Union territories, for Section 30, substitute the following namely: Prosecution for certain offences relating to documents given in evidence. Statement of cfiminal recorded by a village Mukhiya before arrest-Whother admissible in evidence-Whether the court could reject the exculpatory part and accept the inculpatory part in convicting the accused.
AIR Raj Offences not punishable with death. Trial of offences under Penal Code. Such an action can be taken under Section even though the encroachment or nuisance had been in existance for a reasonably long time on the ground of genuine emergency.
Code of Criminal Procedure, (Act No. V of ).
Occupant of place searched may attend. The following conditions have to be satisfied:. Authorised agents are as much disputants as owners. XLV of to E. Search for persons wrongfully confined. Power vriminal Magistrates 18998 sentence to imprisonment in default of fine. A telegram cannot be treated as a first information report in the teeth of very language of Section as it is not a signed document.
Magistrate may dispense with personal attendance of accused. Where it is doubtful what offence has been committed.
As soon as a Civil Court decides the question of possession so referred to it, the referring Magistrate must dispose of the proceedings in conformity with the decision of the Civil Court in view of Section I.
Act 8 ofSection 3 and Sch.
AIR Guj Note Custody of villagers. Notwithstanding anything contained in sub-section 1the Sessions Judge may, in for any reason he thinks fit so to do, distribute the business referred to in that Subsection amongst the Judicial Magistrates and Benches within the Sessions divisions Consistently with this Code and the rule framed by the High Court. AIR PatIn every case under Sectionthe Magistrate is bound to summon both the parties and give them an opportunity to put in written statements on affidavits and such documents as they choose to file.