Constitution of the Azerbaijan Republic and this Code, the norms of the Code. The provisions of legislation on criminal procedure shall be applied outside. in the practice of criminal procedure in Eritrea. Some key amendments were thus introduced before a completed version of the Criminal Procedure Code of. THE CODE OF CRIMINAL PROCEDURE, ACT NO. 2 OF [25th January, ] An Act to consolidate and amend the law relating to Criminal.
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Laws Defining the Procedure for Criminal Court Proceedings norms of the present Code shall also be applied in the procedure on a criminal. CRIMINAL PROCEDURE CODE. Act 21 of Act 13 of Act 19 of Act 8 of Act 13 of Act 8 of ARRANGEMENT OF SECTIONS. An Ordinance to make provision for the procedure to be followed in criminal cases. 6 of , offence, such offence may be tried in accordance with this Code.
Where the accused is found guilty, the judgment must also contain an order requiring the accused to undergo punishment or treatment. Every court must deliver the judgement in the language of that court as determined by the State Government. It must contain the points that lead to the determination of guilt or innocence. It usually commences with facts and must indicate careful analysis of evidence. It must also specify the offence under the penal code or such other specific law as well as the punishment sentenced.
If acquitted the offence of which the accused is so acquitted must be specified along with a direction that the accused be set at liberty. Judgments in abridged form[ edit ] According to Section of the Code, a Metropolitan Magistrate may deliver judgments in abridged form and should contain: Serial number of the case Date of commission of the offence Name of the complainant if any Name of the accused person, his parentage and residence Offence complained of or proved, as the case may be Plea of the accused and his examination if any Final order Date of the order In cases where appeal lies from the final order, a brief statement of reasons for the decision.
Compensation and costs[ edit ] The functions of a civil court may be performed by a criminal court by virtue of Section , and This has been done to provide just, speedy and less expensive redress to the victim.
Such fine may, wholly or in part, be used for the purpose of compensating the victim as per the amendment of A new section A has been inserted which talks of victim compensation scheme.
Further in the year two new sections namely section B and section C were inserted to make compensation to the victim as defined under section 2 wa in addition to fine imposed under section A or D of the IPC as well as treatment of victim respectively. Post-conviction orders[ edit ] Having regards to the age, character and antecedents of the offender, and the circumstances in which the offence was committed, if the Court convicting the accused considers it expedient to release the offender, it may do so either on probation of good conduct or after due admonishment.
This provision is contained in Section of the Code. Thus the court may direct that the offender be released on his entering into a bond, with or without surities. The offender is further required to keep peace and be of good behaviour as well as appear thereafter before the court when called upon during such period as the court may decide.
This period should not exceed three years. The following conditions have to be satisfied: There is no previous conviction proved against the offender.
In case the person convicted is a woman of any age, or a man aged below twenty-one years, the offence committed is not punishable with life imprisonment or death penalty.
In case the person is a man above twenty-one years of age, the offence of which he is convicted is punishable with fine. Alternatively, the offender may be released after due admonition, if the following conditions are satisfied: There is no previous conviction proved against the offender.
The offence of which the accused is convicted is any of the following: Theft, Theft in a building, Dishonest misappropriation, Any offence punishable under the Indian Penal Code with no more than two years of imprisonment, Any offence punishable only by fine.
No Magistrate of Second Class may release an offender under in such manner without being empowered to do so. He may transfer the case to a Magistrate for consideration. Indian Penal Code does not tell what should be done and what should not be done.
The Criminal Procedure Code is predominantly a procedural law which states how the police machinery is to function as far as the investigation and procedure to be followed by the Courts during investigation and trial.
The Indian Evidence Act is neither a substantive nor procedural law but primarily guides as to what is to be taken into consideration as evidence appreciation of evidence by the Court of Law.
It is a trite that Law has be dynamic and cannot be static thereby meaning that law has to change with time and has to adopt itself to the changing times.
In earlier times i. As far as our laws are concerned the origin of our law are morals, customs, rituals, etc and subsequently the said morals, customs and traditions took the place of statutes in our law books. Indian Penal Code : Indian Penal Code has laid down as to what is a wrong and what is the punishment for committing such wrong.
In criminal law the intention plays a very important role in deciding the liability of the offence. To understand better an act which defines the gravity and the actus behind the same can be differentiated in these following stages namely : a Motive b Intention c Preparation 2 d Attempt and e Commission. In criminal law intention or mens rea of the accused is very important but merely proving the existence of mens rea or guilty intention is not sufficient to bring the accused to books.
Rather even if one has an intention to commit a wrong but does not act towards the commission of the same via the various stages mentioned above the same would not constitute an offence hence there has to be an actus reus on behalf of the accused person either in the form of preparation, attempt or commission. There are two types of offences namely cognizable and non- cognizable wherein the police have the power to arrest without warrant and where arrest should be preceded by a warrant issued by the Court of Law respectively.
Similarly the offences are also classified on the ground of bailable and non bailable offences. Criminal Procedure Code : Criminal Procedure Code lays down the various procedures relating to arrest, recording of statements, preparation of panchanama, inquest reports, recording of the confession of accused and also recording of the statement of either the victim 3 or the witnesses on oath, identification parades, trials, return of property, anticipatory bail, regular bail, arrest, pre trial and post trial and many more niceties.
It lays down as to what are the provisions and rules to be followed at the time of arrest, how accused should be produced before the Magistrate within 24 hours, how a panchanama is to be prepared for arrest, whether there is a requirement of the relative or next friend of the accused at the time of arrest and or at least an information to such prior to arrest, whether it is mandatory to conduct medical examination of the accused of rape and victims of rape.
It also provides how statement of witnesses are to be recorded, how FIR is to be recorded, importance of station diary entries and most importantly the trials. There are three important types of trials i. The trials are decided upon the gravity of offences and the punishment prescribed for the same.
When an offence takes place and or is reported and the investigation is initiated such investigation under Section of the Cr.
To understand the concept better it can be said that from the stage of filing of FIR to framing of charge the Charge, the various stages are within the ambit of Pre Trial Stage.
Trials: To understand how the trials are differentiated, one has to understand the concept of the offence and the types of offences. Simply offences wherein bail is granted as of right are called as 4 Bailable offences and wherein bail is not granted as of right are generally Cognizable offences. Furthermore, the offences are classified as Cognizable and Non Bailable. The offences where punishment is more than 7 years till death, such offences are tried as Warrant Trials which includes Sessions and where punishment is not more than 2 years such offences are tried as Summary or Summons trials.
Warrant Trials are of two types: a Upon Police Report i.
The difference between the two is that once the FIR is registered and Final Report if submitted by police before the Magistrate the same has to be considered as State Case and the same is the baby of the Public Prosecutor whereas in complaints filed before the Court and procedure under Section , etc is followed and evidence is lead by the private party the same becomes a private case where the state does not have any role to play whereas in a private complaint filed by a Complainant, upon pleading for 3 i.