What CrPC 308?
Asked by: Ernest Roob | Last update: February 19, 2022Score: 5/5 (10 votes)
308. Trial of person not complying with conditions of pardon. ... (2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under section 164 or by a Court under sub- section (4) of section 306 may be given in evidence against him at such trial.
What is kalam 308?
308. Attempt to commit culpable homicide. ... Illustration A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder.
What is the punishment under Section 308?
Section 308 states that whoever does any act with intention or knowledge and under such circumstance that if he/she, by that act caused death, he/she would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term, which may extend to 3 years or with ...
What is the procedure if a person who has accepted the tender of pardon has not complied with the condition on which the tender was made?
When the public prosecutor believes or has the reason to believe that the person who has accepted the tender or to whom pardon has been tendered does not fulfil the conditions of the pardon such person may try for the same offence for which he was charged or for many another crime for which he is guilty in connection ...
What CrPC 306?
(1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the ...
Section 308 Cr.P.C. | Trial of person not complying with conditions of pardon | Online Coaching |
What is Article 302 in Indian law?
Section 302 in The Indian Penal Code. 302. Punishment for murder. —Whoever commits murder shall be punished with death, or 1[imprisonment for life], and shall also be liable to fine.
What is sec302 CrPC?
Permission to conduct prosecution. Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted. ...
What is anticipatory bail in CrPC?
Anticipatory bail, as the name suggests, is bail granted to a person in anticipation and apprehending arrest. It is a preventive relief which was not originally included in The Code of Criminal Procedure, 1973 ('CrPC').
Who can tender pardon under CrPC?
306 (1)of the Criminal Procedure Code, 1973. ( for short Said Code)]. The Chief Judicial Magistrate or Metropolitan Magistrate can tender pardon at any stage of Investigation , or Inquiry into, or trial of the offence.
Who is an approver under CrPC?
According to Black Law dictionary “approver” is an accomplice in crime who accuses other of the same offence, and is admitted as witness at the discretion of the court to give evidence against his companions in guilt.
What is a homicidal death?
Homicide is an act of a person killing another person. A homicide requires only a volitional act that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no intent to cause harm.
Is IPC section 307 bailable?
Offence under section 307 is cognizable and a warrant should ordinarily be issued in the first instance. It is non-bailable as well as non-compoundable and is exclusively triable by the Court of Sessions.
Is culpable homicide a bailable offence?
IPC 304 is a Non-Bailable offence.
What is the difference between IPC 307 and 308?
Punishment under Section 307 of IPC
Imprisonment may extend to ten years. ... Section 308 of the Indian Penal Code talks about the attempt to commit culpable homicide. Whoever does any act with intention or knowledge,that by such an act he is likely to cause death, he would be held guilty of culpable homicide.
Is IPC 326 bailable?
Offences committed under IPC 326 are Cognizable and non-bailable, triable by Magistrate of the first class.
What does IPC 325 mean?
325. Punishment for voluntarily causing grievous hurt. —Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
What is the difference between accomplice and approver?
An accomplice is a person who has taken part in the commission of the crime, along with another or others. If an accomplice is arrested and thereafter has been given a pardon, he is referred to as an approver.
Is Interim a bail?
Interim Bail: Interim bail may be a bail granted for a brief period of your time. Interim bail is granted to an accused before the hearing for the grant of normal bail or anticipatory bail.
What is CrPC inquiry?
The term inquiry is defined in Section2(g) Of CrPc 1973. An inquiry is a judicial proceeding which is conducted by the Magistrate or Court to determine whether the further proceedings of the case moves to trial.
What are different types of bail?
There are 3 types of bail Regular, Interim and Anticipatory.
Can a Magistrate open a case for prosecution?
When the magistrate commits a case under Section 209 to the Court of Session and the accused appears or is brought before the Court, the prosecutor is required under Section 226 to open his case by explaining the charge against the accused and also states the evidence by which he will prove the guilt of the accused.
What is Section 202 CrPC?
(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a ...
Can public prosecutor take private cases?
P. C. the Public Prosecutor or the A.P.P. in charge may appeal and plead without any written authority before any Court in which that case is under inquiry, trial or appeal, it further states that if in any such case any private person instructs a pleader to prosecute any person in any court, the pleader so instructed ...
Can a person get bail in 302?
According to section 302 of the Indian penal code, Whoever kills any person, shall be punished with death or with imprisonment for life, as well as with fine. It is a non-bailable, cognizable offense and triable by the Court of Session. This offense is not compoundable.
Can life imprisonment be reduced?
According to the Supreme Court life imprisonment means jail term for the prisoner for entire life. ... The prisoner has no such right as to release. The period of life imprisonment cannot be reduced. It cannot be less than 14 years.