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Home > Criminal Law > Criminal Law And Procedure > 2nd Edition, 1987 with Supplement 1990 (POD) |
The main objective of the book is to give authoritative answers to every day problems in criminal law justice and administration.
The author has carefully studied and noted the effect of significant amendments and case-law at the appropriate places in the book. Important topics discussed are:-
PREFACE III TABLE OF CASES XIX
What constitutes First Information Report 1 Evidentiary value of First Information Report 8 First Information Report lodged by a person who is subsequently put on Trial 10 Delay in Lodging First Information Report 11 Omission in First Information Report 14 Important decisions on F.I.R. 18
Investigation is to be conducted ordinarily in the manner prescribed by the Criminal Procedure Code 33 What is investigation 33 Provisions in the Criminal Procedure Code relating to investigation 34 Have Magistrates and the High Courts any power to interfere with investigation by the police 55 Power of police to make further investigation after report under Section 173(2), Cr.P.C, 1973 61 Power of State Government to superintend over investigation and to order for further investigation 61 Power of taking cognizance 63 What constitutes taking of cognizance 65 Cognizance is taken of an offence and not of an offender 66 Power of Court, in which any inquiry or trial is proceeding against some accused, to proceed against other persons also 68 Whether taking of cognizance is obligatory under Section 190, Cr.P.C. 70 Taking of cognizance by Court of Session 73 Bar of limitation 73 Powers of a Magistrate in dealing with Police Reports Submitted under Section 173, Cr.P.C. 79 Effect of Irregularity or Illegality in Conducting Searches 83 Effect of other illegality or irregularity in investigation 88
Object of test identification parades 102 Mode of conducting test identification parades 103 Value of test identification parade 105 To what extent is admissibility of evidence as to identification in test identification parade affected by the provisions of Sections 162 and 164 of the Cr.P.C. 109 Avoidance of delay in holding test identification parade 115 Notes of Important Decisions 115
What is charge 123 When is a charge to be framed 123 Form and contents of charge 126 Joinder of charges 131 Meaning of the words ''same transaction'' 136 How far is Section 239, Cr.P.C., 1898 and corresponding Section 223, Cr.P.C. 1973, controlled by other sections in the same Chapter and are the provisions of different clauses of these sections mutually exclusive 138 At what stage the question of joinder of charges and accused persons to be considered 143 Errors and omissions in charges, and amendment of charges 143 Effect of errors and omissions in charges 145 Some important decisions of the Supreme Court 154
Recording of Statements by the Police during Investigation 170 Use of statements of persons examined by the police in course of investigation 172 What constitutes contradiction? 176 Use of statements, made to the police in course of investigation, by the Court in exercise of its powers under Section 165, Indian Evidence Act 181 Evidentiary value of statement of witnesses to police during investigation 184 Statements not to be obtained by pressure or inducement 186 Recording of joint or identical statements of witnesses 187 Copies of statements of witnesses to be supplied to accused 188 Some important decisions of the Supreme Court 189
When is Commitment Necessary 196 Procedure for commitment under the Code of 1973 199
Inadmissibility of Oral Evidence which is not Direct 204 Admissibility of Dying Declarations 205 Proof of Dying Declaration 210 Evidentiary Value of Dying Declarations 212 Some important decisions of the Supreme Court 214
A fact can be proved by the Evidence of a Single Witness 225 Frailties of Oral Evidence 225 Duty of the Court to sift the evidence : Maxim ''falsus in uno falsus in omnibus'' is not a sound rule 226 Necessity of Corroboration 231 Independent witness, partisan witness, natural witness, and chance witness 235 Corroboration in case of sexual offences 244
Provisions in the Evidence Act about accomplices 254 Who is an Accomplice 255 Defects and infirmities in evidence of an accomplice 255 Corroboration of accomplice evidence and nature of corroboration 256 Important decisions on Accomplice Evidence 257
Evidence and proof 264 What is circumstantial evidence 265 Importance of circumstantial evidence 265 Principles applicable in appreciating circumstantial evidence and in adopting such evidence as the sole basis of conviction 266 Some important decisions of the Supreme Court 268 Does a false defence or a false explanation by the accused constitute a link in chain of circumstantial evidence 274
Definition of ''Expert'' and admissibility of evidence of an expert 276 Mode of proof of opinion evidence of an expert 277 Evidentiary value of expert opinion 281 Some important decisions of the Supreme Court 282
What is Confession 292 Admissibility of Confessions 298 Can Conviction be based on confession alone 318 Can Conviction be based on retracted confession 320 Use of confession of an accused as against a co-accused 322 Can a confessional statement or admission be split up and only a part be used against the accused 329 Evidentiary value of extra-judicial confession 341 A confession may be admitted without being made to any particular person 345 Statement leading to discovery (Section 27 of the Evidence Act) 348
Motive for a crime 365 Evidence of motive in criminal trials 365 Some important decisions of the Supreme Court 367
No particular number of witnesses required for proving a fact 372 It is open to the prosecution not to examine any witnesses who are available for proof of relevant facts 372
Provisions regarding examination of the accused as embodied in the chapters relating to trials 380 Examination of accused under Section 342, Cr.P.C. 1898 and Corresponding Section 313, Cr.P.C. 1973 and the stage of such examination 381 Object of examination under Section 342, Cr.P.C. 1898 and corresponding Section 313, Cr.P.C., 1973 383 Mode of Examination of accused under Section 342 Cr.P.C., 1898 and Section 313 Cr.P.C., 1973 385 Examination of the accused under Section 342 and corresponding Section 313, should not be peerfunctory 386 Effect of non-compliance of the provisions of Section 342, Cr.P.C., 1898 and corresponding Section 313, Cr.P.C., 1973 387 Evidentiary value of statements made by the accused during his examination under Section 342, Cr.P.C., 1898 and corresponding Section 313, Cr.P.C. 1973 388 Can the Lawyer of an accused be examined under Section 342, Cr.P.C., 1898 and Corresponding Section 313, Cr.P.C. 1973 on behalf of the accused 389 Important decisions of the Supreme Court 390
Provisions in the Indian Evidence Act regarding admissibility of evidence as to characters 401 Admissibility of evidence as to character in criminal cases 402 Nature of evidence as to character 402
Provisions of the Indian Penal Code regarding common and separate liability 405 Distinctions between Sections 34, 35 37 and 38, I.P.C. 407 Liability under Section 114 and Section 149, I.P.C. 418 Distinction between Sections 34 and 149, I.P.C. 422 Common intention and common object 423 Applicability of Section 149, I.P.C. when less than five persons are convicted 429 Can there be conviction for the substantive offence either with or without the aid of Section 34, I.P.C. if the trial has been on a charge for the substantive offence with the aid of Section 149, I.P.C. 430 Can there be conviction for the substantive offence if the charge is for the substantive offence read with Section 34, I.P.C. and vice versa 430 Can an accused be convicted for a substantive offence read with Section 34, I.P.C., if the other accused jointly tried with him on the same charge are all acquitted 456
Wide range of penalties as prescribed under different Penal sections 464 Object of providing such wide range of punishments 465 Discretion should be exercised judicially in determining the measure of punishment 470 Hearing on sentence 472 Notes of important decisions of the Supreme Court 475 Imposition of Death Sentence 483
Restriction on powers of taking cognizance 491 Section 197, Cr.P.C. and Section 6, Prevention of Corruption Act, distinguished 498 Object of the provisions relating to sanction 498 Requirements of a valid sanction 499 Is sanction required if the Judge, Magistrate or Public Servant is no longer in service at the time when cognizance is to be taken 504 Meaning of the expression ''while acting or purporting to act in the discharge of his official duty'' as used in Section 197, Cr.P.C. 508
Provisions in the Cr.P.C. relating to withdrawal from Prosecution 539 Effect of withdrawal under Section 494, Cr.P.C., 1898 and corresponding Section 321, Cr.P.C., 1973 544 Special Provision for Non-prosecution in case of trials before the High Court 545 Principles to be followed in filling application for withdrawal and in granting of consent by Court for withdrawal 545
Effect of previous acquittal or conviction as laid down in the Cr.P.C. 557 Rule of issue estoppel in criminal trials 561
By whom can such appeals be filed 575 Scope of Appeals filed to the High Court from Orders of Acquittal 579 Powers of the High Court in disposing appeals against acquittal 580 Limitations in the powers of the High Court in dealing with appeals from acquittals 584 Power of the High Court in appeal against acquittal to convict for an offence other than that for which the accused was charged 603 What sentence can the Appellate Court Impose in an appeal against acquittal 605
Provisions in the Cr.P.C. as to power of appellate court to order retrial or direct taking of additional evidence 610 Circumstances in which power to take additional evidence is to be exercised 611 Circumstances in which power to order retrial should be exercised 612 Some important decisions of Supreme Court 613 Can retrial be ordered on a charge on which there has been acquittal by the trial court, if there is no appeal against the acquittal on that charge 617
Provisions in the Cr.P.C. as to the powers of the High Court in revision against acquittal 620 Circumstances in which retrial may be ordered in a revision against an order of acquittal 622 Some important decisions of the Supreme Court 623
Appeal under Section 417 (3), Cr.P.C., 1898 or Section 378(4), Cr.P.C. 1973 does not abate death of the appellant 629 Appeal under Section 417 (3), Cr.P.C. 1898 or Section 378(4), Cr.P.C. 1973 has to be decided on merits, even after the death of the appellant 631 Effect of death of the complainant 631 Before filing application for Special Leave to appeal under Section 417(3) Cr.P.C., 1898 or Section 378 (4) Cr.P.C., 1973 During Pendency of such Application ; or After granting of special leave but before filing of appeal
No provision in Cr.P.C. for abatement of revisional proceeding on death of accused or complainant 634 Distinction between appeal and revisional proceeding 634 Revisional proceeding is to be decided on merits if effective order can be passed in spite of the death of accused or complainant 635 Revisional proceeding against conviction and sentence may be entertained on abatement of appeal against the conviction due to death of the convicted person 636 Important decisions of the Supreme Court 637
When can action under Section 145, Cr.P.C. be taken 641 When can an order passed under sub-section (1) of Section 145 be interfered with by a Superior Court 642 The dispute must be a bona fide dispute 642 Meaning of the expression ''land or water'' as used in Section 145, Cr.P.C. 643 Decision of the Magistrate is to be as regards Actual Possession only 643 Effect of a decision by Magistrate about possession 645 Provisions relating to attachment, etc. 646 Some other provisions of Section 145 646 Action to be taken if the Magistrate is unable to decide about possession 647 Parallel proceedings under Section 145, Cr.P.C. and in Civil Court 648 Important Decisions of the Supreme Court 649
Property in Custody of Police or Court 653 Provisions in the Cr.P.C. for disposal of property 656 Disposal of property during pendency of any inquiry or trial 656 Disposal of property or conclusion of an inquiry or trial 658 Disposal of property when there is no inquiry or trial pending or concluded 663 Disposal of property seized under Special Statutes 666
SUBJECT INDEX 681
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