Section 55 of the Code of Criminal Procedure grants police officers the authority to arrest certain categories of persons without a warrant, specifically those identified as vagabonds or habitual robbers. This power is granted to prevent potential criminal activity and maintain public safety. The law recognizes that individuals with a history of criminal behavior or those without visible means of support who are suspected of criminal intent pose a risk that justifies immediate police intervention.
3852
Which section of the Code of Criminal Procedure (Cr.P.C.) stipulates that a person arrested by a police officer cannot be discharged except on their own bond, bail, or a special order from a magistrate?
Section 63 of the Code of Criminal Procedure (Cr.P.C.) explicitly mandates that no person who has been arrested by a police officer shall be discharged except on their own bond, or on bail, or under the special order of a magistrate. This provision ensures that the liberty of an individual is protected by requiring judicial oversight or formal security before an arrested person is released from police custody.
3853
Under the Executive Orders on Parole (1934), which form is used by the Jail Superintendent to request the transfer of a prisoner to a concentration jail upon sanctioning of parole?
According to the procedural requirements set forth in the Executive Orders on Parole, 1934, Form 3.1 is the official document utilized by the Superintendent of the Jail to initiate the transfer of a prisoner to a designated concentration jail once parole has been formally approved.
3854
Which legal subject matter is addressed under Section 154 of the Code of Criminal Procedure?
Section 154 of the Code of Criminal Procedure is the foundational provision that governs the registration of the First Information Report (FIR). It stipulates that information relating to the commission of a cognizable offense, if given orally to an officer-in-charge of a police station, must be reduced to writing, read over to the informant, and signed by them, with a copy provided to the informant free of cost.
3855
Under Section 340 of the Criminal Procedure Code, what is the legal nature of the right granted to the accused?
Section 340 of the Cr.P.C. grants a specific legal right to the accused to be a competent witness in their own defense. Because this right is explicitly conferred by a legislative enactment (the Code of Criminal Procedure), it is classified as a statutory right, distinct from rights that might be inherent or derived directly from constitutional provisions.
3856
Through which official must a police officer's report be submitted to the Magistrate?
Under the Criminal Procedure Code, the police report (often referred to as the challan or report under Section 173) is typically routed through the Public Prosecutor to ensure legal scrutiny and compliance before it is formally presented to the Magistrate for cognizance of the offense.
The Code of Criminal Procedure classifies offences primarily into two categories: bailable and non-bailable offences. This classification is fundamental to the criminal justice system as it determines the procedural rights of the accused regarding their release from custody pending trial. While some legal systems may have further sub-classifications, the Cr.P.C focuses on this binary distinction for bail purposes.
3858
Under Section 176 of the Code of Criminal Procedure (CrPC), what is a Magistrate empowered to inquire into?
Section 176 of the Code of Criminal Procedure empowers a Magistrate to hold an inquiry into the cause of death in cases where a person dies while in police custody or under suspicious circumstances. This provision is a vital check on police power, ensuring judicial oversight in instances where a death occurs while an individual is under the control of law enforcement agencies.
3859
Which specific powers of a Magistrate are addressed under Section 37 of the Code of Criminal Procedure (CrPC)?
Section 37 of the Code of Criminal Procedure, 1898, specifically empowers the Provincial Government to confer additional powers upon Magistrates. These powers are supplementary to the ordinary powers already vested in them by the Code, allowing for greater flexibility in the administration of criminal justice at the district level.
3860
What is the maximum term of imprisonment for a person whose surety bond is forfeited under Section 514 of the Code of Criminal Procedure (CrPC)?
Under Section 514 of the Code of Criminal Procedure, if a penalty for a forfeited bond cannot be recovered, the court may order the imprisonment of the person in the civil jail for a term which may extend to six months, unless the amount is paid sooner.