Crpc Quotes

Traditionally, a fault divorce was the only means for a married couple to get divorced. It means that one of the spouses it at fault having committed one or more of: cruelty(mental, emotional, physical) , adultery, or deserted the other spouse for no good reason, impotence, among other grounds. No-fault divorce is a divorce in which the dissolution of a marriage does not require a showing of wrongdoing by either party. It became passed into family/divorce laws in various western nations in 1960s and 1970s. One would imagine that the fault or no-fault of a husband should have an implication on the maintenance amount he can be asked to pay to wife. Unfortunately, things are not that straightforward.

Section 320 CrPC enlists certain offences which are compoundable in nature. Compoundable offences are those offences for which a compromise can be drawn between the parties. The result of compounding is acquittal.[20]Compounding is possible only before the Court when the final report is filed.

Every police station comes under the jurisdiction of an Area (Ilaqua) Magistrate. One may find the list of Area Magistrate from the website of the concerned District Court. The application under Sec. 156 (3) CrPC is to be moved before the Area (Ilaqua) Magistrate having jurisdiction to try the cases registered in a police station.

Before deciding an application under Sec. 156 (3) CrPC, the Court calls for an Action Taken Report (A.T.R) from the S.H.O. concerned[32]. After filing of Action Taken Report, the Court hears arguments on the application and decides it. While deciding the application under Sec. 156 (3) CrPC, the Court evaluates whether a cognizable offence is disclosed from the facts and whether there is a need for registration of F.I.R. While

Section 468 CrPC provides the limitation period for criminal offences as follows— ​(a)​Six months for offences punishable with fine only. ​(b) ​One year if the offence is punishable with imprisonment for a term not exceeding one year. ​(c) ​Three years if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

In cases where the offence is committed by unknown offender, where the case property is to be recovered or forensic aspects are involved, the police investigation is the prudent option. On the other hand, in cases where the offender is known and evidence is in control and reach of the complainant, filing a Complaint case under Sec. 200 CrPC is a prudent option.

Sec. 167 CrPC deals with the power of Judicial Magistrate to remand the accused after the accused is arrested and produced before Court. It provides the procedure for Police and Judicial custody remand. It mandates that the Magistrate cannot authorize the detention of accused in custody for—

Does the period stand extended to next working day?              The answer is negative. Sec. 10 has no applicability to Sec167 CrPC. The indefensible right of the accused arises after lapse of 60/90 days as the case may.[351]Even otherwise on a Holiday Duty Magistrate works in every District Court to attend the urgent matters. In case the 60/90 days are expiring on a holiday, the final report under Sec. 173 CrPC may be put up before the Duty Magistrate. Calculating