Section 337(1A) of the Code of Criminal Procedure mandates that any Magistrate who tenders a pardon to an accomplice must record the reasons for their decision. This requirement ensures judicial transparency and accountability, allowing higher courts to review the basis upon which the pardon was granted during the trial process.
3622
Under Section 503 of the Code of Criminal Procedure (Cr.P.C), what authority is granted to the Court of Session and the High Court?
Section 503 of the Code of Criminal Procedure empowers the High Court and the Court of Session to issue a commission for the examination of a witness. This is typically utilized when the attendance of a witness cannot be procured without an amount of delay, expense, or inconvenience that would be unreasonable under the circumstances of the case.
3623
In what year was Schedule 1 of the Code of Criminal Procedure (Cr.P.C) repealed?
Schedule 1 of the Cr.P.C. was a section outlining the procedures for various offenses. It was repealed in 1914, signifying a change in the legal framework governing criminal proceedings in the region. This historical amendment adjusted how specific criminal matters were handled under the colonial legal system.
3624
In the context of criminal law, what is the legal meaning of the term 'abscond'?
The term 'abscond' in a legal context refers to the act of an accused person intentionally hiding, fleeing, or concealing themselves to avoid the service of legal process, such as a warrant of arrest, or to evade the jurisdiction of the court during ongoing criminal proceedings.
3625
In the event of a prisoner on parole falling ill, to which facility should they be referred by the Parole Officer or employer?
When a prisoner released on parole experiences a medical emergency, the established procedure requires the Parole Officer or the employer to facilitate immediate medical attention. The regulation mandates that the individual be sent to the local S.A.S (Sub-Assistant Surgeon or equivalent local health facility) to ensure timely treatment while maintaining the oversight required by the parole conditions.
3626
Under which section of the Code of Criminal Procedure (Cr.P.C.) is a proclamation issued for a person absconding?
Section 87 of the Code of Criminal Procedure, 1898, empowers a court to issue a proclamation requiring an accused person to appear at a specified place and time if the court has reason to believe that the person has absconded or is concealing themselves to avoid the execution of a warrant.
3627
What is the primary purpose of Section 170 of the Code of Criminal Procedure (CrPC)?
Section 170 of the Code of Criminal Procedure mandates that if, upon investigation, it appears to the officer in charge of a police station that there is sufficient evidence or reasonable ground to justify forwarding the accused to a Magistrate, the officer shall forward the accused under custody to the Magistrate empowered to take cognizance of the offence upon a police report.
3628
Under which section of the Code of Criminal Procedure (CrPC) is a police officer authorized to arrest a person without a warrant for a cognizable offence?
Section 54 of the Code of Criminal Procedure (CrPC) provides the legal authority for police officers to arrest individuals without a warrant under specific circumstances, particularly when there is reasonable suspicion or evidence that the person has been involved in a cognizable offence. This power is essential for maintaining public order and preventing the escape of suspects in serious criminal matters.
3629
Which party is the court empowered to examine under Section 342 of the Code of Criminal Procedure?
Section 342 of the Code of Criminal Procedure (CrPC) grants the court the authority to examine the accused at any stage of the trial. This examination is intended to provide the accused an opportunity to explain any circumstances appearing in the evidence against them, ensuring the principles of natural justice and a fair trial are upheld.
3630
What is the nature of the court's power under Section 540 of the Code of Criminal Procedure?
Section 540 of the Cr.P.C. grants the court the power to summon any person as a witness or examine any person in attendance. This power is discretionary in that the court may choose to exercise it, but it is also mandatory in the sense that the court is duty-bound to exercise this power if it appears essential to the just decision of the case.