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Showing posts from September, 2023

Q: Who are special metropolitan magistrates ?

  Ans:  Section 18 of Cr.P.C mentions about the special metropolitan magistrate.  The High Court may, if requested by any Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Metropolitan Magistrate, in respect to particular cases or to particular classes of cases in any metropolitan area within its local jurisdiction; Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify. Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct. The High Court or the State Government, as the case may be, may empower any Special Metropolitan Magistrate to exercise, in any local area outside...

Q: Write about the court of Chief Judicial Magistrate ?

Ans: Section 12 of Cr.P.C mentions Chief Judicial Magistrate and Additional Chief Judicial Magistrate.  The Chief Judicial Magistrate's Court exercises jurisdiction on original side in criminal matters arising in the district. The Court of Chief Judicial Magistrate may impose any punishment prescribed by law except death or imprisonment for life or imprisonment exceeding seven years.

Q: Elaborate court of Judicial Magistrate ?

Ans: Court of Judicial Magistrate is mentioned under section 11 of criminal procedure code.   On criminal side, the lowest court is that of the Judicial Magistrate 1st class. Civil Judge (Junior Division) decides civil cases of small pecuniary stake. Judicial Magistrates decide criminal cases, which are punishable with imprisonment of up to three years.

Q: Which cases are triable by court of Session and Magistrate Court ?

Ans: Basing on the seriousness of the offence, criminal cases are categorized under two heads viz: Summons cases; and Warrant cases. Among warrant cases, the cases which are more serious in nature are triable by the Court of Session, while less serious cases are triable by the Courts of Magistrate. A Court of Session cannot take cognizance of any offence, though it is triable by it. A competent Magistrate takes cognizance of any offence and commits the case for trial by a Court of Session. Trial of Criminal cases may be explained with reference to the following heads: Trial (of Warrant-Cases) before a Court of Session. Trial of Warrant-Cases by Magistrates. Trial of Summons-Cases by Magistrates. Summary Trials.

Q: What is Territorial Jurisdiction ?

Ans: Territorial jurisdiction refers to jurisdiction over cases arising in or involving persons residing within a defined territory. 

Q: What do we mean by metropolitan area ?

Ans: The 74th Amendment to the Indian Constitution defines a metropolitan area as An area having a population of 10 Lakh or 1 Million or more. It is mentioned under section 8 of Cr.P.C. 

Q: Elaborate the classes of criminal courts ?

Ans:  Section 6 of CrPC:  Classes of Criminal Courts.—Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:— (i) Courts of Session; (ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates; (iii) Judicial Magistrates of the second class; and (iv) Executive Magistrates. Executive magistrates are also under classes of Criminal Courts. 

Q: Elaborate chapter 30 of Cr.P.C ?

Ans : Chapter 30 of Cr.P.C mentions about revision and  reference.  Section 395 of Cr.P.C mentions about reference and section 397 and section 401 mentions about revision.   Sections 395 to section 405 mentions about revision and reference. 

Q: Elaborate section 482 of Cr.P.C ?

Ans:  Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. The quashing of FIR is done under section 482 of Cr.P.C. 

Q: Is there any review in criminal procedure code ?

Ans: In view of the clear provision of Section 362, the High Court has no jurisdiction under Section 482 of the Code of Criminal Procedure to alter the earlier judgment after it has been signed. No criminal court can review its own judgment after it is signed.