CRIMINAL PROCEDURE CODE, 1973 :

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CRIMINAL PROCEDURE CODE, 1973 :. Foundation :The Law identifying with every single Criminal Proceeding in India aside from those of State of Jammu

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WELCOME POWERS & FUNCTIONS OF REV. OFFICERS AS EXECUTIVE MAGISTRATES B. VENKATESWARA RAO, District Revenue Officer (Retd.) CONSULTANT, AMR-APARD, Rajendranagar, Hyderabad-500 030.

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CRIMINAL PROCEDURE CODE, 1973 : BACKGROUND : The Law identifying with every Criminal Proceeding in India aside from those of State of Jammu & Kashmir and Nagaland and the Tribal territories of Assam is contained in the Criminal Procedure Code, 1898. It was corrected in 1923 and 1955 identifying with the strategy for quick trial of the cases. Aside from a few corrections, the arrangements of the Code of 1898 have remained for all intents and purposes unaltered. No endeavor was made to have extensive update of the code till the Law Commission was set up in 1955. A complete report for the correction of the Code, specifically the Forty First Report, was displayed by the Law Commission in the year, 1969. Contd..

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One of the fundamental suggestions of the Commission is to accommodate the division of the Judiciary from the Executive on all India premise keeping in mind the end goal to accomplish the consistency in this matter. Basing on the proposals of Law Commission, the Code of Criminal Procedure 1973 was ordered augmenting the entire of India with the exception of the State of Jammu & Kashmir. It came into compel on the 1 st day of April, 1974. It is altered in 1978, 1980, 1998 & 2001. In the present Code, there is a portion of authoritative capacities between two classes of Magistrates, "Legal" under the control of High Court and "Official" under the control of State Government. There are by and large 486 Sections and Two Schedules – 1 st Schedule contains arrangement of offenses and 2 nd Schedule contains 56 Forms required to be utilized. Contd..

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Sections manages Powers & Functions of Executive Magistrates : Section Subject 20 - Appointment of Executive Magistrates by Govt., 21 - Appointment of Special Executive Magistrates by Government for specific territory or for the execution of specific capacities. 22 - Local purview of Executive Magistrates 23 - Subordination of Executive Magistrates 37 - Public when to help Magistrate 39 - Public to give data of specific offenses like against open serenity and so on., 44 - Arrest by Magistrate Contd..

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Search Warrants : Section Subject 94 - Authorizing Police Officer to pursuit of place suspected to contain stolen property, produced archives and so on., 97 - Search for people wrongfully bound. 98 - Power to urge reclamation of snatched females. Contd..

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Security for keeping peace and for good conduct : Section Subject 107 - Security for keeping the peace. 108 - Security for good conduct from people spreading dissident matters. 109 - Security for good conduct from suspected people. 110 - Security for good conduct from periodic guilty parties. 111 - Order to be made when Magistrate acting U/s 107, 108, 109 & 110. 112 - Procedure in regard of individual present in court 113 - Summons or warrant if there should be an occurrence of individual not all that present Contd..

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Section Subject 114 - Copy of request to go with summons or warrant. 115 - Power to shed individual participation. 116 - Inquiry as to truth of data 117 - Order to give security 118 - Discharge of individual educated against . 119 - Commencement of period for which security is required 120 - Contents of bond 121 - Power to reject securities 122 - Imprisonment in default of security 123 - Power to discharge people detained for neglecting to give security 124 - Security for unexpired time of bond Contd..

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Unlawful congregations : Section Subject 129 - Dispersal of unlawful get together by utilization of common constrain. 130 - Use of Armed Forces to scatters unlawful get together. 131 - Power of certain outfitted compel officers to scatter unlawful gathering. 132 - Protection against indictment for acts done under Sections 129, 130 & 131. Contd..

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Public Nuisance : Section Subject 133 - Conditional arrange for expulsion of annoyance. 134 - Service or warning of request. 135 - Person to whom request is routed to obey or demonstrate cause 136 - Consequences of his neglecting to do as such. 137 - Procedure where presence of open right is denied. 138 - Procedure where he seems to show bring about. 139 - Power to Magistrate to direct neighborhood examination and examination of a specialist. 140 - Power of Magistrate to outfit composed guidelines and so forth., 141 - Procedure on request being made outright and results of insubordination. 142 - Injunction pending request. 143 - Magistrate may preclude redundancy or continuation of open disturbance. Contd..

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Urgent Cases of Nuisance or Apprehended Danger : Section Subject 144 - Power to issue arrange in earnest instances of annoyance or caught threat. Question as to steady property : Section Subject 145 - Procedure where debate concerning area or water is probably going to bring about rupture of peace. 146 - Power to join subject of question and to select beneficiary. 147 - Dispute concerning right of utilization of land or water. 148 - Local Inquiry. Contd..

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Inquests and Inquiries into unnatural passings : Section Subject 174 - Police to enquiry and cover suicide and so forth., to the nearest Executive Magistrate. 175 - Powers to summon people. 176 - Enquiry by Magistrate into reason for death. Withdrawal of Cases : Section Subject 411 - Making over a withdrawal of cases by Executive Magistrates. 412 - Reasons to be recorded. Contd..

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ANALYSIS OF IMPORTANT SECTIONS Executive Magistrates : In each District, the accompanying Officers are delegated by temperance of the workplaces held by them as Executive Magistrates by the Government U/S 20 Cr.P.C. Assignment Appointed as Local Jurisdiction (1) (2) (3) 1. Dist. Collector District Magistrate Entire District 2. Joint Collector Addl.Dist. Magistrate Entire District 3. Dist.Rev.Officer Addl.Dist. Justice Entire District 4. Rev.Divil.Officer Sub Divisional Magistrate Entire Revenue Div. M.R.O. Mandal Executive Mag. Whole Mandal Addl. Region Magistrate should have such of the forces of a District Magistrate under this code or under some other law until further notice in drive. Contd..

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The Dy. Gatherers or MRO unit officers or Dy. Tahsildars might be named as Special Executive Magistrates by Govt. to deal with dire lawfulness issues on the extraordinary events. (Sec. 21) In the Cities of Hyderabad and Secunderabad, Vijayawada and Visakhapatnam, the Commissioners of Police are presented the forces of Executive Magistrates. Every single Executive Magistrate other than Addl. Locale Magistrates should be subordinate to the District Magistrate. Official Magistrates in Sub-Division are likewise subordinate to the Sub-Divisional Magistrates. Contd..

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Security in keeping peace and serenity – Section 107 : The primary target of the Section is preventive and not reformatory. It empowers the Executive Magistrate to bring measures with a view to counteract commission of offenses including break of peace or unsettling influence to open serenity. Break of peace and unsettling influence to open peacefulness emerges due to : - Religious Processions - Festivals - Elections - Political Movements - Supremacy in the Village - Disputes because of groups - Group Rivalry and so forth., Contd..

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PROCEDURE : When an Executive Magistrate gets data (FIR) or from the general population that any individual is probably going to confer a break of the peace or irritate people in general quietness and if is of the supposition that there are adequate grounds, he ought to start activity under Section 107 Cr.P.C. On fulfillment, he might make a request in composing under Section 111 setting for the substance of the data got, the measure of the attach to be executed and guiding the respondents to show-bring about with respect to why they ought not be requested to execute a bond for Rs. … . with or without sureties. On designated date and time when every one of the respondents exhibit the substance of the Section 111 are clarified under Section 112 properly scrutinizing the confirmation or refusal of the offense and enquiry starts under Section 116(1). Contd..

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When the Executive Magistrate considers that prompt measures are essential for the anticipation of the rupture of peace, guides the respondents to execute interval securities for the sum with sureties as showed in Section 111 till the culmination of enquiry. In the wake of leading enquiry in the event that it is demonstrated that it is important for keeping the peace or keeping up great conduct, the Executive Magistrate should make a request in composing under Section 117 guiding the respondents to official securities. In the event that the charges are not demonstrated, the Executive Magistrate should release the respondents. The request ought to be pron

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