CrPC 1973

Ans:  Section 41 of Cr.P.C: When  Police may arrest without warrant.   Section 42 of Cr.P.C:  Arrest on refusal to give name and residence. Section 43 of Cr.P.C: Arrest by private person and procedure of such arrest. Section 44: Arrest by Magistrate  Section 45:  Protection of members of the Armed Forces from arrest. Section 46: Arrest how made. Section 47: Search of place entered by person sought to be arrested.

Ans: Arrest is mentioned from section 41 to section 47 of Cr.P.C.  

Ans: Sentences are also mentioned in Cr.P.C in sections 28 to 31.  Section 28: Sentences which High Court and Session Judges may pass Section 29 : Sentences which are passed by Magistrates.  Section 30: Sentence of imprisonment in default of fine.   Section 31: Sentences in case of conviction of several offences in one trial. 

Ans: Public Prosecutors are mentioned under section 24 of Cr.P.C. Assistant Public Prosecutors are mentioned under section 25 of Cr.P.C and Directorate of Prosecution is mentioned under section 25A of Cr.P.C.  

Ans: Judicial magistrates are mentioned from section 11 to section 19 of Cr.P.C.   Section 11: Court of Judicial Magistrate  Section 12: Chief Judicial Magistrate and Additional Chief Judicial Magistrate  Section 13: Special Judicial Magistrate  Section 14: Local Jurisdiction of Judicial Magistrate  Section 15: Subordination of Judicial Magistrates  Section 16: Court of Metropolitan Magistrates  Section 17: Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate.  Section 18: Special Metropolitan Magistrates  Section 19: Subordination of Metropolitan Magistrates. 

Ans: Section 9 and Section 10 of Cr.P.C deals with Session Judges.  Section 9 of Cr.P.C deals with court of Session and Section 10 of Cr.P.C deals with subordination of Assistant Session Judges. 

Ans: Section 9 to section 23 of Cr.P.C deals with Judges and Magistrates. 

Ans: According to section 2(r) of Cr.P.C,  a " police report" means a report forwarded by a police officer to Magistrate under sub- section (2) of section 173. 

Ans:  SECTION 30 CrPC - Code of Criminal Procedure mentions Sentence of imprisonment in default of fine.  Description The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law; Provided that the term? is not in excess of the powers of the Magistrate under section 29; shall not, where imprisonment has been awarded as part of the substantive sentence , exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 29. Second class Magistrate: 12/4 =3  First Class Magistrate: 36/4 = 9 Chief Judicial Magistrate: 84/4= 21 Assistant Session Judge: 120/4 = 30

Ans:  According to section 29 of Cr.P.C:  The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees, or both. The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding five thousand rupees, or of both. The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class.

Ans:  The juvenile convict in the 2012 Delhi Gang Rape was tried as a minor and escaped the full burden of the law despite being 17 years old. An uproar to change the law gathered momentum after the youngest convict of the 2012 Delhi gang rape was released from detention. The parents of the victim campaigned to fight for justice for their daughter. To avoid such cases in future the Indian parliament in 2015 had passed a bill which allowed the trial of juveniles between 16 and 18 years of age as adults for serious crimes like rape or murder. Before the bill, those under 18 could only be sentenced to a maximum of three years in a reform facility. The Legislation confirmed that if children within the age of 16 to 18 undertake gruesome and violent murders and rapes, they would be tried and punished as adults. Thus, Criminal law (Amendment Act) 2013 commonly known as “Anti Rape Bill” was passed on 19 March 2013.  The sixth minor member was just sent to the reformation facility for ...

Ans: The Parliament passed the Protection of Children against Sexual Offences Act, 2012 (POCSO) on 22 May 2012. It came into force on 14 November 2012. This law was implemented to protect children from offences of sexual assault, sexual harassment and pornography against persons below the age of 18 years. Even after the excessive need for its provisions and regulation, this law remains largely unimplemented and unknown. It aims to provide relief and rehabilitation as soon as the complaint is made. Committing an offence, abetting or aiding the sexual abuse of a child is also punishable under POCSO. The trial has to be conducted in special children’s courts to aid speedy disposal with the establishment of special procedures to avoid children not seeing the accused at the time of testifying. 

Ans: According to section 27 of Cr.P.C,  any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders.

Ans: Subject to the other provisions of this Code,- any offence under the Indian Penal Code (45 of 1860) may be tried by- the High Court, or the Court of Session, or any other Court by which such offence is shown in the First Schedule to be triable;

Ans: Section 25 A mentions about the directorate of Prosecution.   The State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit. A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, only if he has been in practice as an advocate for not less than ten years and such appointment shall be made with the concurrence of the Chief Justice of the High Court. The Head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function under the administrative control of the Head of the Home Department in the State. Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution. Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under Sub-Section (1), or as the case may be, Sub-Section (8), of section 24 to conduct ...

Ans:  The State Government shall appoint in every district one or more Assistant public Prosecutors for conducting prosecutions in the Courts of Magistrates. 1A. The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates. Save as otherwise provided in Sub-Section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor. Where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case; Provided that a police officer shall not be so appointed— if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or if he is below the rank of Inspector.

Ans: 1. The State Government shall appoint in every district one or more Assistant public Prosecutors for conducting prosecutions in the Courts of Magistrates. 1A. The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates. 2. Save as otherwise provided in Sub-Section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor. 3. Where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case; Provided that a police officer shall not be so appointed— if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or if he is below the rank of Inspector.

Ans: For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutor, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or State Government, as the case may be. The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case or class of cases in any district, or local area. For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district; Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another district. The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of perso...