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Home > Judgement |
This book is divided into three parts. Under the first part titled 'The Concepts ', the author enlightens the reader about the basic ideas of the rule of law, administrative law, value of judicial precedents and criminal justice. The second part, 'The Skilled ', deals with the nature and scope of various inquiries and trials before criminal courts. While dealing with this part, the author covers almost all aspects of criminal law. The third part on 'Attitudes ' deals with nature, scope and effect of orders and judgments in inquiries and trials passed by various courts including the appellate courts. The various charts and diagrams explain the complex problems arising in criminal trials. The book is a boon and the best guide to judicial magistrates, junior criminal practitioners, presiding officers of criminal courts and senior criminal lawyers.
TABLE OF ABBREVIATIONS XXI ABBREVIATIONS OF REPORTS XXII TABLE OF CASES XXVI
Equality before the Law 4 What is Law 5 Dispensation of Justice and the Judge 8 The Judge and his task 8 English Judges and the Law 10 Department in Court 10 The Court and the Executive 11 The Court and the Parties 13 Duty of Courts 14 Function of a Judge 14 Judges, right to put questions to witnesses 15 Should a Judge come prepared with a case 15 Some Canons of Judicial ethics 16 The Court and the Counsel 17 Counsel's duty towards Court 18 The function of the Counsel 18 Duty of the prosecution 20 The Public Prosecutor or the District Government Counsel 21 The Counsel for Defence 21 Counsel at Government expense 22 Argument to be heard 23 Arguments to be oral and written 24
Civil and Criminal Justice 25 Wrongs-Civil and Criminal 26 Purposes of Criminal Justice 26 Punishment 27 The Judicial machinery (Criminal side) 30 Principles to measure punishment 34 Measure of Punishment 35 Circumstances to considered 36
Precedents are sources of Law 39 Persuasive Precedents 45 'Precedent' and 'obiter dicta' 46 Case-Law and How it should be dealt with in Judgments 47 Weight and Value of Reported Cases 48
PREVENTIVE ORDER FOR SECURITY 60 Security for keeping the peace on conviction 60 The term and contents of the order 61 Security for keeping the peace in other cases 62 Scope 63 Nature 63 Territorial jurisdiction 66 Liability of surety 68 Security for dissemination of sedition or defaming Judge Where action under Section 109, Cr. P.C. is proper 69 Security for good behaviour from habitual offenders Scope and Object 72 General precautions in Preventive Orders 73 Nature of Preventive Proceedings 74 Whether the amount of bond ordered under Section 116(3) can be reduced 74 PREVENTIVE ORDERS IN CASES OF PUBLIC NUISANCE 75 URGENT CASES ON NUISANCE OR APPREHENDED DANGER 76 Meaning of ''Persons'' 80 Long standing nuisances 80 The inquiry under Section 137, Cr.P.C. (Act II of 1974) 81 PREVENTIVE ORDERS IN DISPUTES AS TO IMMOVABLE PROPERTY 82 Scope of inquiry and procedure 86 Procedure 87 Nature of proceedings under Sections 145 & 146, Cr.P.C. 88 Recording evidence 90 The value of a police report 90 Exceptional jurisdiction 91 Order under Section 145 of the Code 91 Incurable defects 92 The final order 93 Orders under Section 146, Cr.P.C. 93 Conditions precedent for action under Sections 145 and 146 95 Orders in such proceedings 95 Order under Section 145 to precede order under Section 146 96 Possession contemplated 97
Criminal offences-How entertained by courts 101 Scope of inquiry under Section 202, Cr.P.C. 103 Wide discretion to Magistrate entering complaint 104 Second complaint on same facts 105 Object of recording statement under Section 16A, Cr.P.C 105 The charge 106 What must the charge contain 107 Its form and requirements 107 Joinder of charges 109 What the charge must contain 110 Joinder of charges 113 Charge in the alternative 114 Joinder of accused 115 Where no charge has been framed 116 Alteration of charge 116 Consequence of alteration or amendment 117 Framing of charges under Sections 34 and 149, I.P.C. 118 Can charge under Section 149 be converted to one under Section 34, I.P.C. 119 Non-framing of charge 119 CHARGES Charges with one head 119 Charges with two or more heads 121 Charges for theft after previous conviction 122
Can the Sessions Court direct trial of accused not committed by Magistrate 129 Pre-trial detention of accused 130 Police and complaint case in respect of the same offence : How to be dealt with 130
The record in a summons case 133 Procedure at the trial 134 The order 136 Non-appearance of complainant 136 Dismissal on non-appearance of complainant 136 Can a complainant withdraw a complaint against some of the several accused persons in a summon-case 137 Law reform tendencies 138 In cases instituted on police report 139 The Charge 141 Right to cross-examine witnesses before charge 141 Entering on the defence 143 Absence of complainant 143 Certain offences only triable summarily 145 Sentences restricted 145 Procedure to be followed at Summary Trials 146 Object of restriction as to sentence 147 The record 147 The Judgment or Order 148 Trial of petty offences 149 Orders of Metropolitan Magistrates 150
Judges, step by step guide to the trial before a Court of Session 153 Commencement of the trial 155 Who does a Trial Really Commence 158 Requirements of the opening address 160 The indictment 161 The plea of the accused 164 The concept of judicial evidence 165 Arguments 166 Noll prosecuie 167 The evidence for the prosecution 169 Examination of the accused 171 Early history 173 Applies to all trials 174 No oath to be administered 174 Written statement cannot take the place of examination under Section 313, Cr.P.C. 175 Nature of questions to be put to accused 175 To be questioned if he would adduce evidence 176 The defence 177 Accused cannot even give evidence on behalf of prosecution 178 The right to reply by the prosecution 179 Oral arguments and memorandum of arguments 179 Judgment of acquittal or finding of guilt 180 Accused shall be heard on the point of sentence 181
Procedure in case of previous conviction 184 Procedure at trial of person to whom pardon has been tendered 186 Procedure where the accused does not understand the proceedings 190 Procedure in cases of accused being a lunatic 191 Procedure where a Magistrate cannot dispose of a case or cannot pass proper orders 194 Procedure where Magistrate finds case should be committed 195 Procedure in cases of perjury or offences against public justice 196 The object and purpose of the law of contempt 202 Where a person refuses to answer or produce document 219 Procedure for punishment for non-attendance by witness 220 Procedure to be followed at the trial of counter-cases 220 Procedure where accused is absent at the trial 223 Petty offences 225 Procedure for issuing commissions for examination of witnesses 226 Procedure in case instituted under Section 192(2) 228 Set-off 230
General Rules 235 Relevant Facts 237 Special Rules of Evidence 237 Medical evidence 237 Report of chemical or other authorised examiner 238 Test identification 239 Evidence on affidavits 239 No proof of certain documents 239 To prove previous conviction 240 Record of evidence in absence of accused or when accused unknown 240 Interpretation of Statute Law 242
The evidence-And how it should be recorded. Competency of witnesses 246 Evidence to be on oath after excluding other witnesses 246 In the presence of the accused or his pleader 246 Record of Evidence 247 Record of Evidence in other cases 247 Mode of recording evidence 248 To be taken down in narrative form 249 Evidence to be read over to witness and understood by accused 249 Reading over of the deposition to witness 250 In trials before High Court 251 Examination of the Accused-How to be Recorded 252 Full record of examination of accused 252 How to Record a Confession 253 A Solemn act 257 Recording a Dying Declaration 258 Dying declaration: What is 258
Appreciation of evidence 261 Inference from facts-Absolute certainty not needed 261 Where particular care necessary 262 Witnesses attempting to reproduce conversation 263 Police witnesses 263 Testimony of a single eyewitness 264 Dying declaration as evidence 265 Dying declaration, its evidentiary value 266 Medical evidence 267 Presumptions on non-production of material evidence 268 Inferences on withholding of witnesses 268 Evidence of child witness 269 Expert evidence 270 Approver's evidence 271 Who is an accomplice 272 Confession of prisoner or of co-accused 273 Circumstantial evidence 273 Reports of Public Officials and Authorities 274 The First Information Report and its importance 274 The contents and use of the F.I.R. 275 The case diary 276 Use of previous statement as substantive evidence at the trial 276 How the Magistrate should proceed 278 Rules of appreciation 278 Evidence as to identification 279 Value of such evidence 280 Assessment of evidence in riot cases 282 Burden of proof 283 Benefit of doubt 283 Confessions and how they are to be dealt with 284 When admissible 285 Confession of a co-accused 287 Probative value of a confessional statement 287 In England 287 In U.S.A. 287 Need of caution 288 Value of retracted confession 288
Bail and Recognizance 291 Object of bail 291 Bail and its Amount 292 Offences Bailable and Non-bailable 296 Historical Perspective of Law of Bails 296 The Yardsticks to be Applied in Granting or Refusing bail 297 Power of Sessions Judge to grant bail 298 Where Bail Granted Earlier, should Magistrate take Accused into Custody on Committal 299 Cancellation of bail 302 Forfeiture of Bonds 304 Discharge of Sureties 305 Anticipatory bail 305 Remand 309
Where accused is absent at the trial 314 Transfer of cases when necessary 315 Supreme Court power to transfer 318 Orders in cases where accused is a first offender or juvenile 320 Order as to imprisonment may be consecutive or concurrent 323 Where a sentence of death is passed by a Court of Session 324 Orders for disposal of property 324 Summoning material witnesses or examining a person present 326 Can an accused charged with abetment be convicted of the substantive offence 327
Where can a Court be held? 329 Court to be Open 330 Local inspection 332 Is co-accused a competent witness after separation of his trial 334 Fresh prosecution after order of discharge 335 Irregularities which vitiate proceedings 338 Control of cross-examination of witnesses by Court 339 Referred trials 341 Protection of members of Armed Forces from arrest 343 Service of summons on witnesses by post 343 Suspension of sentence appeal in bailable offences 343 Adjournment costs can be imposed on prosecution as well as the accused 344 Limitation for taking cognizance of certain offences 345
Definition 348 Judgment to be formally pronounced 349 Judgment to be signed and pronounced in presence of accused 350 Judgment and order 351 Death of Judge after delivering judgment in open Court 351 Distinction between motive, intention and knowledge 351 Commencement 352 Statement of facts 352 Reason for the decision 353 To be complete by itself 354 Simplicity to be aimed at 355 Length or volume of judgment 355 Its style and language 356 Some common defects in judgments 356 Unusual requirements of the judgment of a Magistrate 357
Local requirements 360 Contents of judgment 362 Points for determination 362 The decision thereon 363 Reasons for the decision 365 The standard of proof 365 Judgment-How to be written and pronounced 366 Delivery of judgment 366 A Successor Judge can pronounce judgment 367 A Successor Magistrate can also deliver judgment 368 When the judgment is complete 369 Procedure on delivery of judgment 370 Strictures in Court 370
Form or memorandum of appeals 372 No dismissal in default 373 Calling for the record and the prisoner 373 Appellant to be given opportunity of being heard 374 Admitting appeal on question of sentence 374 Judgment on summary dismissal 374 Judgment in appeals 375 Where and when to interfere 376 Appeal from acquittal 377 Appellate powers in orders of acquittal 379 Appeals from conviction 380 Attendance of appellant at delivery of judgment 381 Revisional orders 381 Illustrations of interlocutory orders 384 Illustrations of final orders 387 Second revision : When not maintainable 388 Second revision : When maintainable 390 Revisional powers : Scope of 391 When further enquiry to be ordered 392 References 393 Remarks about Subordinate Courts 394 Principles for expunging of remarks from judgments 394
Constitution and Powers of Criminal Courts and Offices 396
Forms Relating to Preventive Orders 411
Ordinary Powers of State Magistrates 419 SUBJECT INDEX 423
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