Section 52 gives the power to a police officer to seize offensive weapons while making an arrest. However, a Police officer can arrest an person without warrant for Cognizable offences. Lastly, the author likes to conclude by making a general observation that, many times Sections 107 and 151 have been invoked against people that participate in protests, although there may be no substantial grounds to invoke them. Provided that statement made under this sub-section may also be recorded by audio-video electronic means. Numerous petitions have been filed questioning the constitutional validity with regard to the powers vested in the hands of the magistrate and the police under these sections. But under the proviso to Section 42 1 if such officer has to carry out such search between sunset and sunrise, he must record the grounds of his belief.
Let us see the relevant case law in order to know the power of Magistrate under section 156 3 of Criminal Procedure Code,1973. A person shall be eligible to be appointed in High Court as Public Prosecutor if he has been in practice as an advocate for not less than seven years. Where, the allegations in the F. In Trisuns Chemical Industry Vs. It is to be noted that section 107 does not vest any power in the hands of the police to arrest. Many matters of minor details are omitted from legislation. Whether the magistrate has or has not taken cognizance of the offence will depend on the circumstances of the particular case including the mode in which the case is sought to be instituted, and the nature of the preliminary action, if any, taken by the Magistrate.
It should be exercised sparingly to prevent abuse of process of any Court or otherwise to secure ends of justice 3. Inherent power of subordinate courts The subordinate criminal courts have no inherent powers. Many a times it has been observed that when there is an issue of money for eg. Sir, as we know a kalandra is a notice issued to a person who is suspected of disturbing peace and tranquillity of a place. If he does so, he is not to examine the complainant on oath because he was not taking cognizance of any offence therein. It stipulates that in each sessions district, there shall be · Executive Magistrates · Judicial Magistrate of Second Class · Judicial Magistrate of First Class; and · The Chief Judicial Magistrate Inasmuch as section 156 3 of Cr. Плоды с растения мангустин помогают растопить излишнею липидную ткань.
However, the law is made for the people of this land, India is a democratic country and the welfare of the people is of the utmost importance to the State, hence, it is important for people to believe in preventive arrest laws in India and not think of it as a tool of a totalitarian regime. The right to speedy trial is handicapped because of this one-sided, unfair and biased approach of the investigating agencies which have made this the rule rather than the exception. And further held that the High Court should not encourage this practice and should ordinarily refuse to interfere in such matters, and relegate the petitioner to his alternating remedy, firstly under Section 154 3 and Section 36 Cr. If any person is in trouble or he is having threat to his life he always remember the protector of our rights i. Many a times it has been observed that when there is an issue of money for eg. Such information may be received by a police who has witnessed the said person regarding whom the police may have an apprehension of committing a breach of peace or public tranquility.
But it is being misused ~By Aabad Ponda There can be no fundamental right more precious than that of freedom and personal liberty. He shall, on demand of the police officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein. The investigation of an offence is the field exclusively reserved for the police officers whose powers in this field are unfettered. Chaudhary, the Supreme Court endorsed the law laid down by the Privy Council, that the statutory power of police to investigate cognizable offences could not be interfered with by the courts, King Emperor Vs. Also, the Police have the power to release the accused in case of lack of evidence. Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed.
Can Delhi police send notice under sec 160 to a witness in Haryana. If an effective alternative remedy is available, the high court will not exercise its powers under this section, specially when the applicant may not have availed of that remedy. D: Every information relating to commission of a cognizable offence pertains only to the information so supplied and do not pertain to actual commission of the cognizable offence and that information supplied should be about an alleged commission of a cognizable offence of his truthfulness or otherwise the concerned police official has only to satisfy himself to the extent that information is in respect of a cognizable office. On completion of investigation charge sheet was filed. However, in our opinion, the ratio of this decision would only apply when a proper investigation is being done by the police. The criminal complaint is not required to verbatim reproduce the legal ingredients of the alleged offence. In other words, where on account of credibility of information available, or weighing the interest of justice it is considered appropriate to straightaway direct investigation, such a direction is issued.
It may be that where the provisions of Sections 103 and 165 of the Code of Criminal Procedure are contravened the search could be resisted by the person whose premises are sought to be searched. The order was challenged in appeal to Supreme Court of India. It was held that a given set of facts may make out a purely a civil wrong, or b purely a criminal offence or c a civil wrong as also a criminal offence. Still the Court did not interfere in investigation There is no denial of the fact that the investigation and prosecution of criminal offences is lackadaisical. Rajesh Gandhi and another 1997 Cr. It is a highly debated topic all over the world.
It may be that the Police while exercising the power to investigate a cognisable offence under the Act exceeds its jurisdiction which may be a case of exercise of jurisdiction in excess but the same cannot be said to be without jurisdiction. Section 47, 51, 52, 93, 94, 97, 99, 100 to 103, 105E, 165 and 166 are the significant and relevant sections for search and seizure. This section has specifically vested powers in the hands of an Executive magistrate to show cause such person about whom s he may have received information as stated above. Abuse of Powers of Police under Preventive Arrest There have been many instances when these powers have been misused by the Police as well. Due to this, they must use their powers with utmost care and caution. You may take assistance of your lawyer in the case before you appear before the Police. The inherent power of the high court is an inalienable attribute of the position it holds with respect to the courts subordinate to it.
The inherent jurisdiction possessed by the high court under this section is not confined to cases pending before it, but extends to all the cases which may come to its notice whether in appeal revision or otherwise. The jurisdiction under section 482 is discretionary, therefore the high court may refuse to exercise the discretion if a party has not approached it with clean hands. Code of Criminal Procedure 1973, s 156 3. The word 'may' gives a discretion to the Magistrate in the matter. Sometimes, however, the police officer after submitting the report under Section 173 comes upon evidence bearing on the guilt or innocence of the accused.
Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality. The classification of Magistrates is given in the Code of Criminal Procedure,1973. This expression has not been defined in the Code. Proper scrutiny of each case is to be done to determine whether the arrest is unconstitutional or not. Failure to inform the person to be searched and if such person so requires, failure to take him to the Gazetted Officer or the Magistrate, would amount to non-compliance of Section 50 which is mandatory and thus it would affect the prosecution case and vitiate the trial. Delhi High Court is of the opinion that when a Police officer is investigating an offence, he has to investigate all the facets thereof. The test is whether the allegations in the complaint disclose a criminal offence or not.