Are there any circumstances when a criminal case can be disposed off without full trial?

Are there any circumstances when a criminal case can be disposed off without full trial?
Are there any circumstances when a criminal case can be disposed off without full trial?

Normally, once the cognizance has been taken, the case proceeds and after full trial, results in conviction, acquittal or discharge of the accused. However, there are circumstances when it is not desirable to adopt the course of full trial. In some situations, the further trial becomes impossible or infructuous. These circumstances and situations when a criminal case can be disposed off without full trial are :

  • Criminal proceedings barred by Limitation
  • A person once tried and acquitted or convicted for an offence, can not be tried again for the same offence again. Section 300 Cr.P.C. and also Article 20(2) of Constitution of India.

Criminal law governs crimes, including felonies and misdemeanors. Crimes are generally referred to as offenses against the state. The standard of proof for crimes is “beyond a reasonable doubt.” For information on particular crimes or issues surrounding the criminal law, please select from one of the topics below.

Criminal law in India means offenses against the state, it includes felonies and misdemeanors. The standard of proof for crimes is “beyond a reasonable doubt.” Criminal law is governed by Indian penal Code, Crpc, evicence Act etc.

A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts.

Is there limitation for entertaining a case against a person?

 Is there limitation for entertaining a case against a person?
Is there limitation for entertaining a case against a person?

The period of limitation is different for different types of offences. The period of limitation is –

  1. 6 months, if the offence is punishable with fine only.
  2. 1 year, if the offence is punishable with term up to 1 year.
  3. 3 years, if the offence is punishable with imprisonment of more than 1 year but not exceeding 3 years.

The limitation starts –

  1. From the date of the offence.
  2. Where the commission of offence was not known, from the day when the police officer or aggrieved person first comes to know of the commission of offence.
  3. Where the identity of the offender was not known, from the day when the identity of the person is first made known to the police officer conducting investigation or the aggrieved person.

However, under section 473, any court may take cognizance after the expiry of period of limitation, if it is satisfied, on the facts and the circumstances of the case, that the delay has been properly explained or that it is necessary to do so in the interests of justice. There is no period of limitation for taking cognizance in relation to an offence punishable with more than 3 years imprisonment.

What is the effect of absence of the accused or the complainant in a complaint case before a magistrate?

What is the effect of absence of the accused or the complainant in a complaint case before a magistrate?
What is the effect of absence of the accused or the complainant in a complaint case before a magistrate?

Accused – In any criminal case/trial, it is compulsory for the accused to be present on every date of hearing. If he is not present in the court when his case is called, the magistrate nowadays usually issue non-bailable warrants (NBWs) against him. It may so happen that the accused has come to the court but he is not present in the concerned court when his case is called by the court staff, may be on account of his waiting outside the court or gone for drinking the water.

Once an order has been passed by a judge in a criminal court rightly or wrongly, he can not change the same, as power of review is not available to a criminal court.

The option is to file an appeal against the said order. If NBWs have been issued, then the accused can move an application for cancellation of NBW, giving the reasons for his not appearing when his case was called. If satisfied, the Magistrate may cancel the NBWs. If the accused is not in a position to appear on a certain date, then he should move an application for exempting him from personal appearance on the date fixed.

The court, if satisfied, may allow such application and allow the accused to appear through his lawyer, instead of requiring him to appear in person. However, every time a new application for exemption has to be moved whenever the accused is not in a position for personally appearing.

However, if the Magistrate require the presence of the accused, he can direct the personal attendance of the accused at any stage.

Complainant – If the case has been instituted on the criminal complaint filed by a complainant and on the day fixed for the hearing of the case, he is absent, the magistrate may in his discretion dismiss the complaint and discharge the accused. However, before exercising this discretion, following -conditions must be satisfied –

(a) the offence is one which can be lawfully compounded or is a noncognizable offence

(b) Such an action can be taken by the magistrate at any time but before the charge has been framed This is the mandate of Section 249 which applies to the warrant cases only.

Is there any provision in law for compensating the victim of an offence?

Is there any provision in law for compensating the victim of an offence?
Is there any provision in law for compensating the victim of an offence?

Yes. Under Section 357(3) of Code of Criminal Procedure, if the court convicts the accused and imposes a sentence of imprisonment on him, the court can order in the judgment for the accused to pay specific amount as compensation to the person who has suffered any loss or injury due to the act for which the accused has been punished. There is no limit prescribed on the amount of compensation in this section and the court can order any amount of compensation. For the purpose of applying section 357(3), it is necessary that fine should not be a part of the sentence imposed by the court.

Criminal law governs crimes, including felonies and misdemeanors. Crimes are generally referred to as offenses against the state. The standard of proof for crimes is “beyond a reasonable doubt.” For information on particular crimes or issues surrounding the criminal law, please select from one of the topics below.

Criminal law in India means offenses against the state, it includes felonies and misdemeanors. The standard of proof for crimes is “beyond a reasonable doubt.” Criminal law is governed by Indian penal Code, Crpc, evicence Act etc.

A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts.

 

What is Section 330 in criminal laws?

What is Section 330 in criminal laws?
What is Section 330 in criminal laws?

Section 330: Voluntarily causing hurt to extort confession, or to compel restoration of property Whoever

– voluntarily

– causes hurt

(i) for the purpose of extorting from the sufferer or from any person interested in the sufferer, – any confession or any information which may lead to the detection of an offence or misconduct, or

(ii) for the purpose of constraining the sufferer or any person interested in the sufferer

– to restore or to cause the restoration of any property or valuable security or

– to satisfy any claim or demand, or

– to give information which may lead to the restoration of any property or valuable security, then he is liable to be punished with upto 7 years imprisonment and fine.

Illustrations –

(a) A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section.

(b) A, a police-officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section.

(c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z, A is guilty of an offence under this section.

d) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section.

 

What is Section 210 in criminal laws?

What is Section 210 in criminal laws?
What is Section 210 in criminal laws?

Section 210: Fraudulently obtaining decree for sum not due Whoever

  • Fraudulently obtains a decree/order against any person
  • For a sum not due, or – for a larger sum than is due, or
  • For any property or interest in property to which he is not entitled, OR
  • Fraudulently causes any decree/order to be executed against any person
  • After it has been satisfied, or – for anything in respect of which it has been satisfied, OR
  • Fraudulently suffers/permits any such act to be done in his name, then he is liable to be punished with upto 2 years imprisonment or with fine or with both.

Criminal law governs crimes, including felonies and misdemeanors. Crimes are generally referred to as offenses against the state. The standard of proof for crimes is “beyond a reasonable doubt.” For information on particular crimes or issues surrounding the criminal law, please select from one of the topics below.

Criminal law in India means offenses against the state, it includes felonies and misdemeanors. The standard of proof for crimes is “beyond a reasonable doubt.” Criminal law is governed by Indian penal Code, Crpc, evicence Act etc.

A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts.

What is Section 209 in criminal laws?

What is Section 209 in criminal laws?
What is Section 209 in criminal laws?

Section 209 : Dishonestly making false claim in court : Whoever – fraudulently, or – dishonestly, or – with intent to injure any person, or – with intent to annoy any person – makes any claim in a court – which he knows to be false then he is liable to be punished with upto 2 years imprisonment and fine.

Criminal law governs crimes, including felonies and misdemeanors. Crimes are generally referred to as offenses against the state. The standard of proof for crimes is “beyond a reasonable doubt.” For information on particular crimes or issues surrounding the criminal law, please select from one of the topics below.

Criminal law in India means offenses against the state, it includes felonies and misdemeanors. The standard of proof for crimes is “beyond a reasonable doubt.” Criminal law is governed by Indian penal Code, Crpc, evicence Act etc.

A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts.

What is Section 182 in criminal laws?

What is Section 182 in criminal laws?
What is Section 182 in criminal laws?

Section 182 : False information with intent to cause public servant to use his lawful power to the injury of another person : Whoever gives to any public servant – any information – which that person knows or believes to be false,

– intending thereby to cause, or

– knowing it to be likely that he will thereby cause,

– such public servant – to do or omit to do anything ( which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known to him), or

– to use the lawful power of such public servant to the injury or annoyance of any person, then he is liable to be punished with upto 6 months imprisonment or with fine or with both. Illustrations –

(a) A falsely informs a public servant that Z has contraband in a secret  place knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section.

(b) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailiants, but knows it to be likely that in consequence of this information, the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section.

Under what circumstances screening the offender from punishment is punishable?

Under what circumstances screening the offender from punishment is punishable?
Under what circumstances screening the offender from punishment is punishable?

Sometimes, the police or the other Govt. servants or any other person misuse their powers and try to protect/save the actual offender. It is a great set back to the victim and the victim’s family. However, there is a remedy. A case can be instituted under the following sections of IPC against such officers/persons through FIR or on criminal complaint to the Judicial Magistrate’s court, as the case may be, by any one :

Section 201 : Causing disappearance of evidence: If an offence has been committed and someone knowing or having reason to believe that an offence has been committed.

Section 204 : Destruction of document to prevent its production as evidence.

Section 212 : Harbouring offender : If an offence has been committed and a person A harbours/conceals a person Z knowing or reason to believe him to be the offender, with the intention of screening Z from legal punishment, then he would be liable for punishment.

Section 213 : Taking gift, etc., to screen offender from punishment.

Section 214 : Offering gift or restoration of property in consideration of screening offender.

Section 215 : Taking help to recover stolen property etc.

Section 216A : Penalty for harbouring robber or dacoits.

Is there any punishment for giving false evidence in affidavit or for fabricating false evidence for the purpose of falsely convicting others?

Is there any punishment for giving false evidence in affidavit or for fabricating false evidence for the purpose of falsely convicting others?
Is there any punishment for giving false evidence in affidavit or for fabricating false evidence for the purpose of falsely convicting others?

Yes. A person is said to ‘give false evidence’ if he makes a statement on oath, orally or in writing, which he either knows/believes to be false or which he does not believe to be true.

A person is said to ‘fabricate false evidence’ who :

– causes any circumstance to exist, or

– makes any false entry in any book/record, or

– makes any document containing a false statement – intending

– that such circumstance, false entry or false statement may appear

– in a judicial proceeding, or

– in a proceeding taken by law

– before a public servant as such, or

– before an arbitrator

– and that such circumstance, false entry or false statement so appearing in evidence may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding.

Such a person giving false evidence or fabricating false evidence also includes a police officer or any other Govt. servant and thus, a case can be instituted against them also for such acts.