LAWACADEMY

  Bail and Bonds Meaning & Object   Meaning : Term bail has not defined in the Code. In Gurbaksh Singh v. State of Punjab AIR 1980 SC 1632 it was held by Supreme Court that grant of bail means to set at liberty a person prisoned, on security being taken for his appearance. In Moti Ram v. State of M.P., AIR 1978 SC 1594 Supreme Court held that it is a process to set a person free who is under arrest or detention by taking security for his appearance. The expression 'bail' covers both release on one's own bond, with or without sureties. The law of bail has to balance two conflicting concepts. On one hand there is a solemn principle of criminal law that the accused is presumed to be innocent until proven guilty and on the other hand there is a requirement for the society that it has to be shielded from criminals. Supreme Court in Gudikanti v. Public Prosecutor, AIR 1978 SC 429 held that basic rule should be 'bail not jail' except where there are circumstances sug...

REVISION   Section 397 provides for calling for records to exercise powers of revision. It empowers the High Court and the Session Judge to call for records of any inferior criminal court and examine them for the purpose of satisfying themselves as to correctness, legality or propriety of any sentence, finding or order of such inferior court. While calling for such record, the High Court and the Session Judge may suspend the sentence or order and may release the accused on bail or on his own bond during pendency of the examination of record. Section 397 (2) bars revision against interlocutory order passed in any appeal, inquiry, trial or other proceedings. Section 398 empowers the High Court or the Session Judge to direct the Chief Judicial Magistrate or any of the Magistrate subordinate to make further inquiry:  Into any complaint which has been dismissed under Section 203, 204 (4); or  Into a case of any person who has been discharged of an offence. Section 399 deals w...

Reference   Section 395 provides for Reference to High Court. The court is empowered to make a reference to High Court if following two conditions exists:  The pending case must involve a question as to the validity of any Act, Ordinance or Regulation o r any provision as contained in an Act, Ordinance or Regulation.  The court should be of opinion that such Act, Ordinance or Regulation is invalid or in operative but has not been so declared by the High Court to which that court is subordinate or by the Supreme Court. A Court of Session or a Metropolitan Magistrate may, if he thinks fit in any case to which the provisions of Section 395(1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case. Banarsi Yadav vs Krishna Chandra Dass: In this case, it was decided that when there is a plausible dispute about an Act's constitutionality, a lower court may refer the case to the Supreme Court. Sreenivasa Rao and Ors vs. Gov...

  Appeals "The word "appeal" means the right of carrying a particular case from an inferior court to a superior court with a view to ascertain whether the judgement is sustainable. An appeal is a creature of statute only and a right of appeal exists where expressly given. A right of appeal is neither an inherent right nor a fundamental right. Right to appeal is not merely a procedural right. It is a substantive right as well. This right accrues on the date of lis though it may be exercised later. Section 372 provides that no appeal lie from any judgment or order of a criminal court except as provided for this Code or any other law for the time being in force." Right of victim to file appeal : In Section 372 a proviso was inserted by Cr.P.C. (Amendment) Act, 2008, provides that the victim shall have a right to prefer an appeal against any order passed by the court (i) Acquitting the accused; or (ii) Convicting for a lesser offence; or (iii) Imposing inadequate com...

Probation & Admonition- Probation and admonition are two alternatives to imprisonment that the court may use for certain offenders under Section 360 of the Code of Criminal Procedure (CrPC). The main difference between them is as follows: -  Probation   Probation is a legal disposition that allows an offender to avoid imprisonment by agreeing to abide by certain conditions imposed by the court, such as reporting to a probation officer, maintaining good conduct, and participating in rehabilitative programs. Probation is typically used for first-time or non-violent offenders who are not under 21 years of age or are women. The probation period may not exceed three years. If the offender complies with the conditions, they may avoid incarceration. If they fail to comply, they may be sentenced to imprisonment. -  Admonition Admonition is a form of counseling or a stern warning that the court may give to an offender instead of imposing a formal sentence. Admonition is used ...