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H.P. Varshni's  Criminal Trial and Judgment H.P. Varshni's  Criminal Trial and Judgment
H.P. Varshni's Criminal Trial and Judgment
by (Revised by) D.P. Varshni
Edition: 3rd Edition, 1981  Reprinted with Supplement 1990
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Product Details:
Format: Hardcover
Pages: 482 pages
Publisher: Eastern Book Company
Language: English
Dimensions: 24.2 CM X 2.80 CM X 16 CM
Shipping Weight: 0.784(Kg)
Publisher Code: B/454
Date Added: 2001-01-01
Search Category: Textbooks
Overview:

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.

Reviews
  • India Instite of Public Administration : This book is a useful guide for the study of criminal justice at various operational levels and will be of considerable help to the academic as well as the administrator.
  • Gujarat Law Reporter : This is the third edition of the treatise which has been well received by the criminal lawyers as well as the prosecution. This edition which has been enriched in view of the latest juristic thinking is sure to be widely acclaimed by the members of the Bench and the Bar.
  • Madras Law Journal : The notes and suggestions are lucid and the exposition is marked by a high degree of accuracy and precision. The book is a valuable contribution to the procedural law of criminal courts.
  • Kerala Law Times : This topically titled treatise is a work of solid scholarship and in-depth study on criminal trial and judgments. Quotes from ancient texts, eminent scholars, philosophers, jurists and Judges enlighten the views expressed by the author. Statutory provisions are referred to at appropriate places and principles of law coming under the relevant provisions are clearly explained with reference to the decided cases. Its readers will admire this book as a mine of information, a practical reference book and a valuable addition to the body of legal literature.

Table Of Contents:
                   TABLE OF ABBREVIATIONS XXI
                   ABBREVIATIONS OF REPORTS XXII
                   TABLE OF CASES XXVI

PART I : THE CONCEPTS
CHAPTER I : THE RULE OF LAW
                   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

CHAPTER II : THE ADMINISTRATION OF JUSTICE
                   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

CHAPTER III : JUDICIAL PRECEDENTS AND THEIR VALUE
                   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

PART II : THE SKILLS
CHAPTER IV : SYSTEMS APPROACH TO CRIMINAL JUSTICE
CHAPTER V : PREVENTIVE ORDERS
                   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

CHAPTER VI : COGNIZANCE OF OFFENCES BY MAGISTRATES AND THE CHARGE
                       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

CHAPTER VII : PRELIMINARY INQUIRY
                   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

CHAPTER VIII : TRIAL BEFORE MAGISTRATES
                   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

CHAPTER IX : THE SESSIONS TRIAL
                   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

CHAPTER X : SPECIAL PROCEDURE AT THE TRIAL IN CERTAIN CASES
                   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

CHAPTER XI : RULES OF EVIDENCE IN CRIMINAL CASES AND INTERPRETATION OF PENAL STATUTES
                   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

CHAPTER XII : THE RECORD OF THE CASE
                   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

CHAPTER XIII : HOW TO ASSESS EVIDENCE AND DEAL WITH CONFESSIONS
                   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

PART III : ATTITUDES
CHAPTER XIV : THE LAW RELATING TO BAILS AND REMAND
                   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

CHAPTER XV : ORDERS IN CERTAIN SPECIAL CASES
                   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

CHAPTER XVI : MISCELLANEOUS
                   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

CHAPTER XVII : JUDGMENT IN CRIMINAL CASES
                   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

CHAPTER XVIII : JUDGMENTS OF TRIAL COURTS
                   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

CHAPTER XIX : APPELLATE JUDGMENTS
                   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

APPENDIX A
                   Constitution and Powers of Criminal Courts and Offices 396

APPENDIX B
                   Forms Relating to Preventive Orders 411

APPENDIX C
                   Ordinary Powers of State Magistrates 419
                   SUBJECT INDEX 423

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