ALL
Consti
Section 227
Section 227 of the Code of Criminal Procedure, 1973 (CrPC)
states that a judge must release the defendant and justify their
reasoning if they decide there is insufficient evidence to
proceed with the case.
335
Whenever the finding states that the accused person com-
mitted the act alleged, the Magistrate or Court before whom or
which the trial has been held, shall, if such act would, but for
the incapacity found, have constituted an offence,-
(a) order such person to be detained in safe custody in such
place and manner as the Magistrate or Court thinks fit; or
(b) order such person to be delivered to any relative or friend of
such person.
325
Procedure when Magistrate cannot pass sentence sufficiently
severe.
(1) Whenever a Magistrate is of opinion, after hearing the
evidence for the prosecution and the accused, that the accused
is guilty, and that he ought to receive a punishment different
in kind from, or more severe than, that which such Magistrate
is empowered to inflict, or, being a Magistrate of the second
class, is of opinion that the accused ought to be required to
execute a bond under section 106, he may record the opinion
and submit his proceedings, and forward the accused, to the
Chief Judicial Magistrate to whom he is subordinate.
322
Procedure in cases which Magistrate cannot dispose of.
(1) If, in the course of any inquiry into an offence or a trial
before a Magistrate in any district, the evidence appears to him
to Warrant a presumption-
(a) that he has no jurisdiction to try the case or commit it for
trial, or
(b) that the case is one which should be tried or committed for
trial by some other Magistrate in the district, or
(c) that the case should be tried by the Chief Judicial
Magistrate, he shall stay the proceedings and submit the case,
with a brief report explaining its nature, to the Chief Judicial
Magistrate or to such other Magistrate, having jurisdiction, as
the Chief Judicial Magistrate directs.
(2) The Magistrate to whom the case is submitted may, if so
em- powered, either try the case himself, or refer it to any
Magistrate subordinate to him having jurisdiction, or commit
the accused for trial.
320
Statues
Section 173 crpc-
Report of police officer on completion of investigation.
(1) Every investigation under this Chapter shall be completed
without unnecessary delay.
(2) (i) As soon as it is completed, the officer in charge of the police
station shall forward to a Magistrate empowered to take cognizance
of the offence on a police report, a report in the form prescribed by
the State Government, stating-
Section 207
207. Supply to the accused of copy of police report and other
documents. In any case where the proceeding has been instituted
on a police report, the Magistrate shall without delay furnish to the
accused, free of cost, a copy of each of the following:-
(i) the police report;
(ii) the first information report recorded under section 154;
(iii) the statements recorded under sub- section (3) of section 161 of
all persons whom the prosecution proposes to examine as its
witnesses, excluding therefrom any part in regard to which a
request for such exclusion has been made by the police officer
under sub- section (6) of section 173;
(iv) the confessions and statements, if any, recorded under section
164;
(v) any other document or relevant extract thereof forwarded to the
Magistrate with the police report under sub- section (5) of section
173: Provided that the Magistrate may, after perusing any such part
of a statement as is referred to in clause (iii) and considering the
reasons given by the police officer for the request, direct that a copy
of that part of the statement or of such portion thereof as the
Magistrate thinks proper, shall be furnished to the accused:
Provided further that if the Magistrate is satisfied that any
document referred to in clause (v) is voluminous, he shall, instead
of furnishing the accused with a copy thereof, direct that he will
only be allowed to inspect it either personally or through pleader in
Court.
Section 397
397. Calling for records to exercise powers of revision.
(1) The High Court or any Sessions Judge may call for and examine
the record of any proceeding before any inferior Criminal Court
situate within its or his local jurisdiction for the purpose of
satisfying itself or himself as to the correctness, legality or propriety
of any finding, sentence or order,- recorded or passed, and as to the
regularity of any proceedings of such inferior Court, and may, when
calling for such record, direct that the execution of any sentence or
order be suspended, and if the accused is in confinement, that he
be released on bail or on his own bond pending the examination of
the record. Explanation.- All Magistrates whether Executive or
Judicial, and whether exercising original or appellate jurisdiction,
shall be deemed to be inferior to the Sessions Judge for the
purposes of this sub- section and of section 398.
(2) The powers of revision conferred by sub- section (1) shall not be
exercised in relation to any interlocutory order passed in any
appeal, inquiry, trial or other proceeding.
(3) If an application under this section has been made by any
person either to the High Court or to the Sessions Judge, no further
application by the same person shall be entertained by the other of
them.
Section 311
311. Power to summon material witness, or examine person
present. Any Court may, at any stage of any inquiry, trial or other
proceeding under this Code, summon any person as a witness, or
examine any person in attendance, though not summoned as a
witness, or. recall and re- examine any person already examined;
and the Court shall summon and examine or recall and re- examine
any such person if his evidence appears to it to be essential to the
just decision of the case.
240
Framing of charge.
(1) If, upon such consideration, examination, if any, and
hearing, the Magistrate is of opinion that there is ground for
presuming that the accused has committed an offence triable
under this Chapter, which such Magistrate is competent to try
and which, in his opinion, could be adequately punished by
him, he shall frame in writing a charge against the accused.
(2) The charge shall then be read and explained to the accused,
and he shall be asked whether he pleads guilty of the offence
charged or claims to be tried.
Cases
1. Bhajan Lal, a politician in Haryana, was the Chief Minister of the state.
2. The petitioner alleged that Bhajan Lal misused his position to implicate him in false criminal
cases.
Supreme Court's Decision:
1. The Supreme Court, in its judgment in 1992, held that the registration of criminal cases against
political opponents for political reasons is an abuse of the process of law.
2. The court laid down guidelines to be followed by the police and the state government to prevent
such abuse.
BENNET coleman
The petitioners are media conglomerates involved in the publication of newspapers. They challenged the
restrictions on the import of newsprint under Import Control Order 1955 and on the manner in which this
is used by newspapers under the Newsprint Order 1962. Further, the Newsprint Policy of 1972-73 placed
further restrictions based on four features: first, no new newspapers may be started by establishments
owning more than two newspapers if at least one of which is a daily;
The Supreme Court of India accepted petitioners’ challenges that certain restrictions and regulations on
newspapers affected the right to freedom of speech and expression. The petitioners challenged the
restrictions on the import of newsprint under Import Order 1955; the regulation of sale, acquisition, and
use of newsprint under Newsprint Order 1962; and the direct regulation of size and circulation of
newspapers under the Newsprint Policy of 1972-73.
