Court of Law - 1

Important laws in India :

iii IPC ( Indian Penal Code ) ( 1860 ) Comprehensive code that -

deals with substantive criminal law India of .

Defines various
offenses and
prescribes code
for
punishment in court
of law .

• Total section =
51-1

Iii , Cnpc ( criminal Procedure Code ) ( 1973 ) -

Deals with

procedures of investigation and the mechanism

for punishment of offences against the substantive
criminal law .

Procedures (
◦

Investigation .
Arrest
.
Court
Proceedings /
Judgement )
•
Total section - 484

IEA ( Indian Evidence Act ) ( 1872 ) Relates to evidence

( iii,
-

on which the court come to conclusion

regarding facts of cases .

•
Evidences & Hit mess

• Total section -
167

* Evidence : Oral or Documented evidence

•
Oral evidence is better as there is chance

of cross examination .
 Witness
* : Three
types -

Witness
(a)
Eye / Direct / Common ( Most common )

(b) Hearsay witness ( Hearing

&
saying something
not valid in court )

( Except declaration ( IEA 32 )

in Iii
Dying
Ciii Res Gesta e-
Involuntary
exclamation at heat moment
of .

( IEA 6)

(c) Expert klitness -

IEA 45
,
a
qualified person who
gives an
opinion ,
as Doctor
Fingerprint expert
, ,

Firearm etc
expert .

Types of Court :

Max . Punishment Max Fine

cis
Supreme court
Death sentence Unlimited

( Biggest court in India )

Death sentence Unlimited

Court
Iii ,
High
state )
( Biggest in

( iii. Session Court Death Sentence Unlimited

( in District )
Biggest
( in Additional Session Court Death Sentence Unlimited

his Assistant Session Court 10 Unlimited

years

Wii
Chief Judicial Magistrate 7
years
Unlimited
Court
Lviii First class Magistrate 3
years Rs 10,000

Court

Ciii , Second class Magistrate 1-

year Rs 5.00
?
Court

* In Metro cities ,
there is
Metropolitan magistrate
instead Judicial
Magistrate
of .

*
Every death sentence by session Court is to be

confirmed by High Court .

to
* Death sentence
given
a
pregnant lady is
postponed
by High Court till her
delivery ( see 416 Crpc )

Juvenile Court For C 18 old

:
yrs

Members = 1- First class

female Judicial Magistrate
2 social workers ( one should be Female )
 Cases :

( is Civil Iii , Criminal

Is
He

Crime done
Cases parties against
•

◦
b/w 2

the state
◦

Plaintiff Ys .

Defendant
↑ ◦ State vs Accused .

Person who
files the case

Inquest
An
inquest is
inquiry investigation into the
◦

an or

death where death due to

cause
of is
apparently not

natural causes .

It done
• is in cases
of :

cis sudden death

suicide homicide
iii , , &
infanticide
Ciii , Death from accident ,
poisoning ,
drug mishap
or
machinery .

eius Unexplained death

Death under
in Anesthesia / Operation table / Post

operative shock
evi , Death due to medical
negligence
lviii Death
of
convict in
jail
n
/ police custody I

mental hospital

Dowry deaths Ix ) Due to industrial disease

Lviii , (
.
 Types of Inquest :

aka PANCH MAMA

Police ( most
( i, inquest common ) ( Sec 174 Crpc )

( ii , Magistrate inquest .

( Sec 176 GPC )

( Iii ,
Coroner 's
Inquest ( No
longer
used in India )

used in
( in
Medical examiner
system inquest ( Not
India )

C
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