criminal law

Changes in Criminal Law :

What is a Warrant Case ?

Section 2 (z) says "warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding 2 years. 

Who can become Director of Prosecution ?

S.20 (2)(a) says been to become Director of Prosecution or a Deputy Director of Prosecution a person should be in practice as an advocate for not less than fifteen years or is or has been a Sessions Judge. 

Therefore, someone who has less than 15 years of practice cannot become Director of Prosecution unless he has been a Sessions Judge.

Whether Trial by HC is permitted ?

S. 21 (a) permits a trial even by HC in addition to Sessions Court or any other Court.

What Sentence can a CJM Pass ?

S.23 (1) says the Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding 7 years.

Procedure For Arrest by a Private Person : 

S.40 (1) says any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, but within six hours from such arrest, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station. So S.40 fixes 6 hours as time within which he has to hand it over to a police officer. S.40 (1) therefore permits arrest by a private person and it is not necessary that arrest is to be done by a police officer only.