Second Complaint could be filed before Magistrate on the same allegation
There is no provision in the Code or in any other statute which debars a complainant from filing a second complaint on the same allegation as in the first complaint.…
Complaint & Its Essentials
The word “complaint” has a wide meaning since it includes even an oral allegation. It may, therefore, be assumed that no form is prescribed which the complaint must take. It…
What are the courses available to a Magistrate on receipt of a negative report / Final Report by the Investigating Officer?
The following four courses are open to the Magistrate concerned: – 1. to accept the report and to drop the proceedings; 2. to direct further investigation to be made by…
Quantum of punishment – Disciplinary matters
If the punishment imposed by the disciplinary authority or the appellate authority shocks the conscience of the High Court/Tribunal, it would appropriately mould the relief, either directing the disciplinary/appellate authority…
Why should a person arrested be informed about the ground of arrest?
a) The requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory constitutional condition. b) Once a person is arrested, his right…
Right of Accused after Arrest
Section 47 of the BNSS reads thus: “47. Person arrested to be informed of grounds of arrest and of right to bail. – (1) Every police officer or other person…
Quashing of FIR
When a prayer for quashing the FIR is made by the alleged accused and the court when it exercises the power under Section 482 CrPC (now Section 528 of the…
What procedure should be adopted when there is a cross case?
A fair procedure that should be adopted in a matter where there are cross cases is to direct the same learned Judge to try both the cross cases one after…
What is default bail?
Default bail is also known by the name ‘compulsory bail’, as the grant of bail upon meeting the eligibility requirements is indispensable. It is also known as ‘statutory bail’, as…
Discharge of surety by variance in terms of the contract
A contract of guarantee is a contract to perform the promise, or to discharge the liability of a third person, in the case of default. The person who gives the…