TEST IDENTIFICATION PARADE

TEST IDENTIFICATION PARADE

Test identification parade of the accused is provided under Section 54A of the Code of Criminal Procedure which was added by Amendment of 2005. This provision enables the police officer in charge of the police station to seek the court’s permission to direct the person arrested for committing an offence to subject himself to identification […]

FURTHER INVESTIGATION

FURTHER INVESTIGATION

Section 173(8) permits further investigation by the investigation officer. Even without the order of Magistrate investigating officer is free to conduct further investigation. It must be noted here that Code does not mandate taking prior permission from the Magistrate if the police wants to conduct further investigation suo motu. Supreme Court in Ram Lal Narang […]

FIRST INFORMATION REPORT

FIRST INFORMATION REPORT

Section 154 deals with information relating to the commission of cognizable cases. It is popularly called First Information Report (FIR) though the term has not been defined in the Code. Definition and meaning First Information Report or F.I.R. is not defined under Criminal Procedure Code. However, the concept of F.I.R. is found under Section 154 […]

SEARCH WARRANT

SEARCH WARRANT

Meaning: A search warrant is a written authority given to the police or other person by a court or a Magistrate for search of any place. This search can be a general search or search of a specified thing, document or persons. Before issuing search warrant the court must have reason to believe that person […]

GUIDELINES FOR ARREST

GUIDELINES FOR ARREST

Supreme Court in Social Action Forum for Manav Adhikar v. Union of India, (2018) 10 SCC 443, held that the law of arrest is one of balancing individual rights, liberties and privileges, on one hand and individual duties, obligations and responsibilities on the other hand. No arrest can be made in a routine manner on […]

RIGHTS OF ARRESTED PERSONS

RIGHTS OF ARRESTED PERSONS

Code of Criminal Procedure as well as Constitution of India has provided certain rights of arrested persons. Following are the rights of arrested persons 1. Right to know the ground of arrest [Article 22(1) of Constitution, Sections 50, 55 and 75 of the Code] : Constitution of India has conferred ‘right to know the grounds […]