Section 407 crpc. The Code of Criminal Procedure 1973 (CrPc) 2019-01-06

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Power of Sessions Judge to transfer cases and appeals (Section 408 of CrPc)

section 407 crpc

Subs by Act 50 of 2001, sec. What is Criminal breach of trust by clerk or servant? If such disobedience causes danger to human life, health or safety, etc. Cognizable Non-cognizable Magistrate of the first class. Imprisonment for 3 years, or fine, or both. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. Bailable Magistrate of the first class.

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What is 407 of crpc?

section 407 crpc

We both blong to digferent states. Effect of omission to frame, or absence of, or error in, charge. Imprisonment for 2 years, or fine, or both. Practising pleader not to sit as Magistrate in certain courts. Order for disposal of property at conclusion of trial.

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Power of Sessions Judge to transfer cases and appeals (Section 408 of CrPc)

section 407 crpc

Dated, this … ………………… day of ……………. Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement: Provided further that the Appellate Court shall not inflict greater punishment for the offence, which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal. Where it is doubtful what offence has been committed. When in the course of the trial of summon-case relating to an offence it appears to the magistrate punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of Justice, the offence should be tried in accordance with the procedure for the trial of warrant- cases, such Magistrate may proceed to rehear the case in the manner provided by, this Code for the trial of warrant-cases and may recall any witness who may have been examined. Cheating a person whose interest the offender was bound. See section 144 To ……………………………. When any property is produced before any Criminal Court during an inquiry or trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay , or if it is otherwise expedient so to do, the court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

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Section 407 Power of High court to transfer cases and appeal

section 407 crpc

Expenses of complainants and witnesses. Procedure in case of insolvency or death of surety or when a bond is forfeited. The same as for a member of such assembly and for any offence committed by any member of such assembly. Procedure in respect of person present in court. Public to give information of certain offences.

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Bail application is under Section 437. CrPC explained

section 407 crpc

Counterfeiting a trade or property mark used by another. Court of Session to send copy of finding and sentence to District Magistrate. State of Tamil Nadu, 1997 3 Crimes 112 Mad. When search warrant may be issued. My brother wife left the home after all the functions….

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transfer of trial u/s. 407 malwareinvestigator.com

section 407 crpc

When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him. Illustration to sub-section 4 m A commits robbery on B, and in doing so voluntarily causes hurt to him. Insult intended to provoke a breach of the peace. Imprisonment for 1 year, or fine, or both. Convenience for the purposes of transfer means the convenience of the prosecution, other accused, the witnesses and the larger interest of the society. Procedure Where lunatic prisoner is reported capable of making his defence.


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CrPC Section 307 And Section 308

section 407 crpc

Act 21 of 1993 w. Duty of High Court to exercise continuous superintendence over courts of Judicial Magistrates. Notification of substance of warrant. Imprisonment for 2 year or fine of both. Procedure by Magistrate not competent to take cognizance of the case. The person injured afterwards dies.


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Section 408 in The Code Of Criminal Procedure, 1973

section 407 crpc

Special summons in cases of petty offence. Cognizable Non-cognizable Magistrate of the first class. In order to make the provision stringent and to see that the person on bail does not interfere or intimidate witness, sub-section 3 has been amended to specify certain conditions, which are mandatory. Shreemad Jagadguru Shankaracharya v State of Karnataka, , decided on the 03. When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the court which issued the warrant is within thirty kilometers of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 71, be taken before such Magistrate or District Superintendent or Commissioner. Where in any case the court could have dealt with- a An accused person under section 360 or under the provisions of the Probation of offenders Act, 1958 20 of 1958 , or b A youthful offender under the Children Act, 1960 60 of 1960 , or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders, but has not done so, it shall record in its judgment the special reasons for not having done so.

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