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Frequently Asked Questions

yes magistrate is empowered under section 156 (3) crpc can direct the SHO to register the FIR.
Supply of documents provisions in magistrate trial is Sec. 241-c & 265-c in Sessions Trial and it is mandatory.
A. charge is the precise formulation of specific accusation made against the person. The object of the charge is to enable the accused the know the particular accusation made against him in order to meet and to be ready for them before evidences given as to make him able to meet his defence.

B. Particulars of the charge:
01. Specific name of the offence
02. Law or section of the law with which the offence is alleged have been committed
03. Time and place of the offence and the person against whom or the thing it was committed.
04. Data of the previous conviction for which punishment shall be enhanced.

C. The general rule is that accused cannot be convicted of an offence which he was not charged. The case in which a person is charged of one offence still he can be convicted of another offences or exception to this general rule. These exceptions are provided in sections 237 and 238 of CrPC.

D. Police cannot amend the charge on their own and submit challan without the approval of prosecution department. (1991 PCR LJ 723)
Yes. General rule is that for every distinct offence of which any person is accused there shall be a separate charge; every such charge shall be tried separately.
The separate charge for distinct offences: mentioned section 233
Any person may give an application under section 190 to the magistrate to take cognizance of offence and charged the accused. And further more it is provided in the Cr PC under the title amendment in charge governed.
Final report is submitted under section 173 Cr. P C.
Right of carrying a particular case from inferior court to superior court for ascertaining sustainability of judgement.
A. Under Section 249-A A magistrate has a power to acquit an accused at any stage during the pendency of the trial. As 249-A is not the final order because magistrate can recall him on the basis of evidence.

B. If person is acquitted under section 249-A any person being aggrieved by the said order may file an acquittal appeal under section 417 before the High Court. No revision shall lie from said order.
A. Under section 249 magistrates may stop the proceeding when no complainant appears before the court. In the same way under section 249-A magistrate has the power to acquit the accused at any stage during the pendency of the trail.

B. Under section 249 once an accused discharged can be charged again. But under section 249-A magistrate can acquit the accused on the basis of evidence at any stage.
A. Order under 249-A is not final order. Magistrate has power to recall the accused on the basis of evidences established. An appeal can be filed against such order under 417 Cr.P.C

B. For example: If there are three accused and one of them was not found guilty then magistrate can acquit him at that stage of the proceeding and has power tio recall him when required.
A. Acquittal appeal is filed under section 417.

B. Limitation: 30 Days. No special leave to appeal from an order of acquittal shall be entertained by HC after the expiry of 60 days from the date of that order (Government)

C. If in case of application for grant of special leave to appeal from an order of acquittal is refused no appeal from that order of acquittal shall lie

D. Power of appellate to punish, remand.......additional evidence (428)

E. Acquittal appeal once filed cannot be withdrawn.
30 days for private person and 60 days for government
Any aggrieved can file appeal against acquittal. There is limitation time for filing an appeal. As there is no sound difference between them
A. To give or deliver the accused in the hands of sureties. (496)

B. Granting of bail in bailable offences is a right of accused.
01. Right

C. Non bailable
01. It is given when no reasonable grounds for the commission of offence.
02. Any person under the age of 16 years, sick or infirm person, a woman.
03. It is provided as a matter of concession and not as a matter of right.
A. 199 is the constitutional remedy. Remedy under section 491, session judge and HC have power to give remedy. It is a procedural remedy.

B. Habeas corpus can be filed when life of person is in peril/danger. Issued in the case of illegal detention/unlawfully imprisoned.

C. Can be issued when a post card sent to judge by victim or his relative.

D. Habeas corpus means produce the body.

E. This keeps a government from imprisoning people unlawfully. Even given condition of the jail is poor and prisoner suffer.

F. It is filed in the Session Court and High Court.
A. Habeas Corpus under section 491 HC has got jurisdiction in matters pertaining to the custody of minors of tender age and it can be issued against the father and it is the speedy and appropriate remedy because mother’s first right to hold custody of minor in Islam it is also known as HIZANAT.

B. Case of the Japanese Lady: In this case honourable court observed that mother’s cradle is god’s cradle and unless she is disqualified her first right of custody stands fully established. Jurisdiction can be exercised under article 199 of the constitution as well as under Section 491 crpc HIROKU_Muhammad v/s Muhammad Latif (1994 MLD 1682).

C. Recently case of minor Japanese daughter given to her mother in preference to Muslim father (1999 CLC 1202).
A. In the cases where complaint is made against the relative and there after compromise made cannot be withdrawn without the permission of court.

B. Yes complaint can be made again after the dismissal provided under section 200-205.
It is the principle in the criminal that personal action dies with the person. Therefore trial would end with the death of the accused.
Court can call any person as witness to meet the ends of justice under session 540.
No. Because the statement under section 342 is an answer against the allegation and question put to him by the judge if he admits the allegation then he shall be forwarded to the magistrate for recording the confessional statement under section 164 read with 364. Statement under 342 recorded by the concerned judge in whose court case is pending. While the confessional statement is always recorded by magistrate under section 164 read with 364.
A. In criminal cased Burden of proof always lies on the prosecution but there are some exception to this rule which are given under
01. Plea of albi
02. Self defence
03. Insanity
04. Dishonouring of cheque.
In above mentioned cases burden of proof shifts on accused.
Yes, for the sake of preservation of peace if any individual whose sees it broken may restrain. The liability of the person whom, he sees the breaking it , as long as his conduct shows that public peace is likely to be endangered by this act.
A. Section 161 Cr. P C provides that police officer making an investigation may examine any person orally acquainted with the facts and circumstances of the case and such person shall be bound to answer all questions relevant to case except questions the answer to which would tend to expose him to criminal charge or to penalty or forfeiture.

B. The statement under 161 is not signed by the person making it.

C. The statement under 164 is always recorded by the magistrate it may be confessional statement or it is self explanatory matter. A confession may be recorded by any magistrate. This statement cannot always dealt as confessional statement.

D. Statement under 364 is also recorded by magistrate in which procedure for the examination is given. In case he is making confessional statement.
A. Criminal conspiracy is defined under section 120-A PPC which says when two or more persons agreed to do or cause to be done
01. An illegal act or
02. An act which is not illegal by illegal means, such n agreement is designated a criminal conspiracy
03. Punishable with death or impoundment of life or rigorous punishment for a term of 2 years or upward and per crime abetted.
06 months punishment
Criminal remedy against the dishonouring of the cheque is given in 489-F which says whoever dishonestly issues a cheque towards repayment of a loan or fulfilment of an obligation which is dishonoured on the presentation, shall be punishable with imprisonment extend to 03 years, with fine or with both unless he can establish, for which the burden of proof shall rest on him that he had made arrangements with his bank to ensure that the cheque would be honoured and that banks was at fault in not honouring the cheque.
A complaint is filed before Sessions Judge under section 3, 5, and 7 of illegal dispossession Act, 2005 before the sessions court.
An application under 22-A (6) clause 1 and 3 (by Justice of peace) and application under section 156 (3) before magistrate. And direct complaint 200 crpc.
A. It is first information report dealt in section 154 Cr. P C. It is not a substantive piece of evidence. Its objective is to put law in motion.

B. Challan is mentioned in 173 Cr P C. When the investigation report is completed the station officer shall submit a report to magistrate to take the cognizance of the office is known as Challan. It contains 07 columns
A. Procedure when investigation cannot be completed in 24 hours fixed by the section 61 Cr. P C and there are grounds for believing that the accusation or information is well founded, the officer in charge of police station or police officer making the investigation shall forth with transmit to the nearest magistrate.

B. There are two types of remands
1. Judicial remand: means accused is sent to the judicial custody or judicial lock up.
2. Physical remand: means accused is given in the custody of police for the further investigation.
Civil law deals with relationships between two or more individuals and is addressed in civil court. Here, the person injured (the “plaintiff”) by another person files a lawsuit against that person (the “defendant”).Normally, if the plaintiff wins, the defendant has to pay compensation to the plaintiff.

Criminal law, on the other hand, is concerned with relationships between an individual and the federal, state, or local government. If someone (the “defendant”) breaks a criminal law, the government (the “prosecutor”) files a criminal complaint against the defendant.

If the defendant loses, he may be liable to pay a fine or may be imprisoned or both. But, sometimes a single event may be tried in both courts depending on the circumstances. For example, a defendant may be tried in criminal court for conducting murder, and later the same defendant may be sued in civil court by the victim’s family for causing wrongful death.
The period of limitation is different for different types of offences. The period of limitation is –
1. 6 months, if the offence is punishable with fine only.
2. 1 year, if the offence is punishable with term up to 1 year.
3. 3 years, if the offence is punishable with imprisonment of more than 1 year but not exceeding 3 years.

The limitation starts –
1. From the date of the offence.
2. Where the commission of offence was not known, from the day when the police officer or aggrieved person first comes to know of the commission of offence.
3. Where the identity of the offender was not known, from the day when the identity of the person is first made known to the police officer conducting investigation or the aggrieved person.

However, under section 473, any court may take cognizance after the expiry of period of limitation, if it is satisfied, on the facts and the circumstances of the case, that the delay has been properly explained or that it is necessary to do so in the interests of justice. There is no period of limitation for taking cognizance in relation to an offence punishable with more than 3 years imprisonment.
Real estate law is a branch of civil law covering rights to possess, use, and enjoy land and the permanent manmade establishment attached to it. This also includes the capacity to hold interests in real property, permissible interests in real property, relations between owners, relations between owners and the community and that of the relation between landlord and tenant , the transfer of interests in real property, and real property financing, including deeds and mortgages.

Real estate transactions, such as purchases, sales, and leases, are governed by a wide body of national and state law. The requirements established by state law often differ from state to state. it includes various law incld. Law of Contract, Transfer Of Properties Act, Etc.
There are various categories of Courts. All categories can be classified under Courts of First instance and appellate Courts. As per Section 15 of Civil Procedure Code every suit shall be instituted in the Court of the lowest grade competent to try it.

Every Court has specific pecuniary and territorial jurisdiction. So we cannot file suits as per our convenience.

Rules regarding filing of suits are guided by various provisions of Civil Procedure Code.

Before filing a suit one should know where or before which Court the suit has to be filed. It is called place of suing. Place of suing is subjected to two limitations:
(1) territorial jurisdiction of the Court; and
(2) pecuniary jurisdiction of the Court, Territorial jurisdiction depends upon the nature of the suit, i.e. subject matter of the dispute. Depending upon the nature of subject matter, suits are divided into 3 categories. They are-
1. Suits relating to immovable property.
2. Suits relating to compensation for wrongs to person and movables.
3. Other suits.