This document summarizes the Railway Property (Unlawful Possession) Act of 1966 in India. The key points are:
1) The act defines theft or unlawful possession of railway property as a criminal offense punishable by fines and imprisonment.
2) It grants officers of the Railway Protection Force powers to investigate offenses against the act, including powers of arrest, search, and evidence collection similar to police officers.
3) The act overrides other laws and seeks to prevent unlawful possession of goods, money, or other property belonging to railways.
The Federal Investigation Agency Act of 1974 established the Federal Investigation Agency (FIA) to investigate certain offenses related to the federal government. The FIA is headed by a Director General and is comprised of officers appointed by the federal government. The FIA has powers to investigate offenses listed in a schedule, including search, arrest, and seizure. Assistant Directors and Deputy Directors of the FIA serve as public prosecutors. The act also establishes rules for the administration and operations of the FIA.
This document is the Code of Criminal Procedure, 1973 of India. It consolidates and amends laws related to criminal procedure in India. Some key points:
- It extends to the whole of India except Jammu and Kashmir, Nagaland, and tribal areas, coming into force on April 1, 1974.
- It defines terms used in the code like bailable/non-bailable offenses, cognizable/non-cognizable offenses, complaints, investigations, etc.
- It provides for the construction of references to different types of magistrates and courts and their jurisdiction depending on location.
- It states that offenses under the Indian Penal Code and other laws shall be investigated, inquired,
This document is the Code of Criminal Procedure, 1973 of India. It consolidates and amends the laws relating to criminal procedure in India. Some key points:
- It extends to the whole of India except Jammu and Kashmir and applies to all offenses under the Indian Penal Code as well as other laws, subject to any special laws.
- It defines various terms used in criminal procedures like bailable/non-bailable offenses, cognizable/non-cognizable cases, complaints, investigation, etc.
- It provides for the construction of references to different types of courts and magistrates, distinguishing between metropolitan and other areas.
- It deals with the trial of offenses under the Indian
This document presents a draft bill called the Illegal Dispossession Bill, 2011. It was drafted based on discussions at a judicial training program where judges and lawyers discussed improving existing laws around illegal dispossession of property. The draft bill aims to curb illegal land grabbing and protect lawful owners and occupiers from forcible dispossession of their property. It defines key terms, declares land grabbing as unlawful, establishes special courts to try related cases, and outlines penalties for illegal dispossession, continued occupation of grabbed lands, and other offenses related to land grabbing. It also covers procedures for filing complaints, summoning accused individuals, attaching disputed properties, and restoring possession to lawful owners.
This document discusses laws and guidelines related to arrests in India. It provides directions from a Supreme Court case regarding which authorities can investigate, register FIRs, and make arrests for certain drug-related offenses. It discusses the powers of police officers and drug inspectors to arrest under the relevant Act and Code of Criminal Procedure. It also outlines the D.K. Basu guidelines for carrying out arrests and interrogations and the Arnesh Kumar guidelines regarding determining the necessity of an arrest for offenses with less than 7 years punishment.
This document outlines the key provisions of Pakistan's Anti-Terrorism Act of 1997, which was passed to combat terrorism and sectarian violence in the country. Some key points:
- It defines terrorist acts and scheduled offenses. A terrorist act involves violent acts like bombings or arson that endanger people or property.
- It allows the government to call in armed forces and civil armed forces to aid in preventing terrorist acts and scheduled offenses. These security forces are given powers like police officers to arrest suspects and seize weapons.
- Acts intended to stir up sectarian hatred, like threatening or insulting behavior, are prohibited. Those engaging in such acts can face imprisonment and fines.
- Special courts are
Statement of suspects need to be recorded by the law enforcement agencies at the stage of investigation. This presentation gives an overview of Indian Law in thi sregard while also recommending areas for improvement.
The Federal Investigation Agency Act of 1974 established the Federal Investigation Agency (FIA) to investigate certain offenses related to the federal government. The FIA is headed by a Director General and is comprised of officers appointed by the federal government. The FIA has powers to investigate offenses listed in a schedule, including search, arrest, and seizure. Assistant Directors and Deputy Directors of the FIA serve as public prosecutors. The act also establishes rules for the administration and operations of the FIA.
This document is the Code of Criminal Procedure, 1973 of India. It consolidates and amends laws related to criminal procedure in India. Some key points:
- It extends to the whole of India except Jammu and Kashmir, Nagaland, and tribal areas, coming into force on April 1, 1974.
- It defines terms used in the code like bailable/non-bailable offenses, cognizable/non-cognizable offenses, complaints, investigations, etc.
- It provides for the construction of references to different types of magistrates and courts and their jurisdiction depending on location.
- It states that offenses under the Indian Penal Code and other laws shall be investigated, inquired,
This document is the Code of Criminal Procedure, 1973 of India. It consolidates and amends the laws relating to criminal procedure in India. Some key points:
- It extends to the whole of India except Jammu and Kashmir and applies to all offenses under the Indian Penal Code as well as other laws, subject to any special laws.
- It defines various terms used in criminal procedures like bailable/non-bailable offenses, cognizable/non-cognizable cases, complaints, investigation, etc.
- It provides for the construction of references to different types of courts and magistrates, distinguishing between metropolitan and other areas.
- It deals with the trial of offenses under the Indian
This document presents a draft bill called the Illegal Dispossession Bill, 2011. It was drafted based on discussions at a judicial training program where judges and lawyers discussed improving existing laws around illegal dispossession of property. The draft bill aims to curb illegal land grabbing and protect lawful owners and occupiers from forcible dispossession of their property. It defines key terms, declares land grabbing as unlawful, establishes special courts to try related cases, and outlines penalties for illegal dispossession, continued occupation of grabbed lands, and other offenses related to land grabbing. It also covers procedures for filing complaints, summoning accused individuals, attaching disputed properties, and restoring possession to lawful owners.
This document discusses laws and guidelines related to arrests in India. It provides directions from a Supreme Court case regarding which authorities can investigate, register FIRs, and make arrests for certain drug-related offenses. It discusses the powers of police officers and drug inspectors to arrest under the relevant Act and Code of Criminal Procedure. It also outlines the D.K. Basu guidelines for carrying out arrests and interrogations and the Arnesh Kumar guidelines regarding determining the necessity of an arrest for offenses with less than 7 years punishment.
This document outlines the key provisions of Pakistan's Anti-Terrorism Act of 1997, which was passed to combat terrorism and sectarian violence in the country. Some key points:
- It defines terrorist acts and scheduled offenses. A terrorist act involves violent acts like bombings or arson that endanger people or property.
- It allows the government to call in armed forces and civil armed forces to aid in preventing terrorist acts and scheduled offenses. These security forces are given powers like police officers to arrest suspects and seize weapons.
- Acts intended to stir up sectarian hatred, like threatening or insulting behavior, are prohibited. Those engaging in such acts can face imprisonment and fines.
- Special courts are
Statement of suspects need to be recorded by the law enforcement agencies at the stage of investigation. This presentation gives an overview of Indian Law in thi sregard while also recommending areas for improvement.
The document outlines the provisions of The Army Act, 1950 which governs the regular army in India, including its application to officers and personnel, definitions, provisions around commission, appointment and enrolment, conditions of service, service privileges, and offenses and punishments. It also discusses related provisions around jurisdiction under this Act and the Criminal Procedure Code.
The document summarizes the Dowry Prohibition Act of 1961 which aims to prohibit the practice of dowry in India. Some key points:
- It defines dowry as any property or valuable security given by one party to a marriage, or their relatives, to the other party before, during or after the marriage.
- Giving or taking dowry is punishable by a minimum 5 years imprisonment and fine. Demanding dowry is punishable by 6 months to 2 years imprisonment and fine.
- Any agreement for dowry is void. Dowry received must be transferred to the woman within 3 months of marriage. Failure to do so is punishable.
- The Act also bans dow
This document is the preamble and introductory chapter of the Penal Code of Bangladesh from 1860. It establishes the title and extent of operation for the Penal Code, noting that it shall take effect throughout Bangladesh. It also establishes that individuals shall be liable under this Code for offenses committed within Bangladesh, and that some provisions extend extraterritorial application for offenses committed by Bangladeshi citizens or on ships/aircraft registered in Bangladesh wherever located. Finally, it provides initial definitions for terms that are used throughout the Code, such as "public servant", "wrongful gain/loss", and "document".
The document discusses sections of the Indian Code of Criminal Procedure (CrPC) that relate to arrests during criminal investigations. It provides definitions and outlines the powers of police to make arrests with or without a warrant. Some key points include:
- Section 41 defines when police may make arrests without a warrant for various circumstances including if there is reasonable suspicion of involvement in a cognizable offense.
- Sections 46-47 describe how arrests must be made and allow police to search places where an arrestee may have entered.
- Sections 49-51 address use of restraint during arrests, informing arrestees of grounds for arrest and rights to bail, and searching of arrested persons.
- Section 56 requires that arrested persons
This document is a letter from B. Subramanyam to the President of India regarding disciplinary action taken against him for his failure to properly audit the Charminar Cooperative Urban Bank Ltd and report financial irregularities. It discusses the relevant acts and rules governing disciplinary proceedings for civil servants in Andhra Pradesh and at the central government level. It provides details of his case, which was heard in the Ist Additional Metropolitan Sessions Judge court in Nampally, Hyderabad. The letter argues that the proper procedure established by law was not followed in his case and requests that a FIR be registered with the CBI to investigate the matter further.
The criminal law amendment ordinance, 1944Leo Lukose
This document outlines The Criminal Law Amendment Ordinance of 1944 in India. Some key points:
- It allows the government to apply to attach property of those believed to have committed scheduled offenses, even if charges haven't been filed yet.
- Upon receiving an application, the district judge can pass an interim attachment order unless they believe there is no evidence the offense occurred.
- A notice is issued to the property owner calling them to show cause why the attachment should be withdrawn. Notices are also issued to other interested parties.
- After investigating any objections, the judge will make the interim attachment absolute, vary it by releasing some property, or withdraw the order entirely if they believe no offense was committed
This document discusses the fundamental rights of civil servants in India according to the Constitution and various service rules. It provides an overview of the seven freedoms guaranteed by Article 19 of the Constitution, as well as reasonable restrictions on these freedoms. It also discusses rules regarding conduct of civil servants, disciplinary proceedings, penalties, suspension, and the rights of civil servants during an inquiry process according to principles of natural justice.
The document outlines 24 key non-negotiables of the Jan Lokpal Bill, including: 1) Making the Prime Minister and high court/supreme court judges subject to the Lokpal's authority. 2) Giving the Lokpal search and seizure powers. 3) Deemed the Lokpal's proceedings as judicial proceedings. 4) Giving the Lokpal suo moto investigation and prosecution powers. 5) Requiring public servants to submit property statements and deeming undisclosed properties to be obtained through corrupt means.
This document is the draft of "The Illegal Immigrants (Identification and Deportation) Bill, 2018" introduced in the Rajya Sabha of India. The bill aims to provide an institutional mechanism to identify illegal immigrants in India and deport them. It establishes a National Commission for Identification and Deportation of Illegal Immigrants to oversee the process at the national level. Additionally, each state or group of states would have a State Commission to identify illegal immigrants locally and supply lists to the national body for deportation actions. The bill grants investigation powers to the commissions and prioritizes speedy resolution of legal cases involving illegal immigrants.
- The document contains the text of the Lokpal and Lokayuktas Bill, 2013 as passed by both houses of Parliament, incorporating amendments made by Rajya Sabha.
- The bill establishes the Lokpal, an anti-corruption ombudsman organization for the Union government of India, and provides for inquiries into allegations of corruption against public servants.
- It outlines the composition, appointment process, powers, and functions of the Lokpal organization and its various wings.
This document contains the text of the Federal Investigation Agency Act, 1974 passed by the National Assembly of Pakistan. The key points are:
1) It establishes a Federal Investigation Agency to investigate certain offenses related to federal matters, as listed in the Schedule.
2) The Agency will be headed by a Director-General and will have powers to investigate throughout Pakistan, similar to provincial police.
3) It repeals prior laws establishing the Special Police and transfers existing officers to the new Agency, with their existing terms and conditions.
The document outlines the Government Servants (Efficiency and Discipline) Rules, 1973 which establish procedures for imposing penalties on civil servants for reasons of inefficiency, misconduct, corruption, or actions prejudicial to national security. It defines key terms and outlines the process for inquiries, including the roles of inquiry officers and committees, accused rights, and appeals. Penalties include minor penalties like denial of promotion or increments, and major penalties like removal or dismissal. The rules also repeal previous related rules from 1960 and 1961.
PROCEDURAL FORMALITIES OF SEARCH, SEIZURE & SPOT CASE DIARIES.pptxAttique ur Rehman
The document provides guidelines for procedural formalities related to search, seizure, and maintaining case diaries according to Pakistani law. The key points are:
- Searches must be conducted according to the law and with proper documentation of grounds and witnesses. Personal searches and searches of premises each have specific legal requirements.
- Case diaries are mandatory records of investigation proceedings that document actions, places visited, and circumstances ascertained on a daily basis. They are an aid to trials but not direct evidence.
- Maintaining a proper chain of custody for any evidence seized is important to prove the evidence's connection to the crime in court.
This document is the Human Trafficking and Transportation (Control) Act from Nepal that was enacted in 2007. Some key points:
- It establishes human trafficking and transportation as criminal offenses and outlines punishments such as imprisonment and fines.
- It provides protections for victims such as certifying their statements in court, allowing separate legal representation, and translation services.
- It requires the establishment of rehabilitation centers to provide medical treatment, social services, and family reunification support for victims.
- It creates a rehabilitation fund to support the operation of centers and provides compensation to victims from fines imposed on offenders.
This document summarizes the Antiquities and Art Treasures Act of 1972 in India. The key points are:
1) The Act regulates the export of antiquities and art treasures from India and prevents smuggling and fraudulent dealings of antiquities.
2) It allows for the compulsory acquisition of antiquities and art treasures by the government to preserve them for public places.
3) Licenses are required to sell antiquities, and licensing officers are appointed to oversee licensing. Registration of specified antiquities is also required.
4) The Central Government can declare that only it can carry out the business of selling antiquities if needed for conservation or public interest.
This document summarizes the Antiquities and Art Treasures Act of 1972 in India. The key points are:
1) The Act regulates the export of antiquities and art treasures from India and prevents smuggling and fraudulent dealings of antiquities.
2) It allows for the compulsory acquisition of antiquities and art treasures by the government to preserve them for public places.
3) Licenses are required to sell antiquities, and licensing officers are appointed to issue licenses and enforce the Act's provisions. Certain antiquities must also be registered.
The document discusses the concept of bail in Indian criminal jurisprudence. It provides definitions of bail and discusses the provisions related to bail in the Code of Criminal Procedure. It notes that bail is meant to ensure the appearance of the accused person in court. The document outlines the factors considered for granting bail like the nature of the offense and evidence. It discusses the powers of High Courts and Sessions Courts to grant bail. It also examines the relationship between bail provisions and Article 21 of the Indian Constitution regarding personal liberty. Important case laws related to bail are also summarized.
Powers and duties of executive magistrates 140521132930-phpapp02RadhaKrishna PG
Executive Magistrates are appointed by state governments and have administrative and executive powers under criminal law, while Judicial Magistrates are under the control of High Courts. The document outlines the functions and powers of Executive Magistrates, including:
1. Issuing search warrants and orders to search places suspected of containing stolen goods, forged documents, or abducted persons.
2. Taking security from arrested persons to ensure their attendance in court and releasing them from custody.
3. Producing persons arrested on warrants from other jurisdictions before themselves or directing their removal.
Executive Magistrates are appointed by state governments and have administrative and executive powers under criminal law, in contrast to judicial magistrates who are part of the judiciary. Some key powers of executive magistrates include issuing search warrants, preventing public nuisances, dispersing unlawful assemblies, holding inquests of unnatural deaths, and taking security from arrested persons for their attendance in court. They are subordinate to district and sub-divisional magistrates and do not directly exercise arrest powers but through the police.
SCs and STs (PoA) Rules 1995. This contains the bare Rules. Use along with the set of 10 files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).
It can also be accessed at http://socialjustice.nic.in/poa-act.php
More on the Act and its implementation can be accessed at the WIKI page:
http://en.wikipedia.org/wiki/Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989
Use along with the set of files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).
Download the whole set and use!
The document outlines the provisions of The Army Act, 1950 which governs the regular army in India, including its application to officers and personnel, definitions, provisions around commission, appointment and enrolment, conditions of service, service privileges, and offenses and punishments. It also discusses related provisions around jurisdiction under this Act and the Criminal Procedure Code.
The document summarizes the Dowry Prohibition Act of 1961 which aims to prohibit the practice of dowry in India. Some key points:
- It defines dowry as any property or valuable security given by one party to a marriage, or their relatives, to the other party before, during or after the marriage.
- Giving or taking dowry is punishable by a minimum 5 years imprisonment and fine. Demanding dowry is punishable by 6 months to 2 years imprisonment and fine.
- Any agreement for dowry is void. Dowry received must be transferred to the woman within 3 months of marriage. Failure to do so is punishable.
- The Act also bans dow
This document is the preamble and introductory chapter of the Penal Code of Bangladesh from 1860. It establishes the title and extent of operation for the Penal Code, noting that it shall take effect throughout Bangladesh. It also establishes that individuals shall be liable under this Code for offenses committed within Bangladesh, and that some provisions extend extraterritorial application for offenses committed by Bangladeshi citizens or on ships/aircraft registered in Bangladesh wherever located. Finally, it provides initial definitions for terms that are used throughout the Code, such as "public servant", "wrongful gain/loss", and "document".
The document discusses sections of the Indian Code of Criminal Procedure (CrPC) that relate to arrests during criminal investigations. It provides definitions and outlines the powers of police to make arrests with or without a warrant. Some key points include:
- Section 41 defines when police may make arrests without a warrant for various circumstances including if there is reasonable suspicion of involvement in a cognizable offense.
- Sections 46-47 describe how arrests must be made and allow police to search places where an arrestee may have entered.
- Sections 49-51 address use of restraint during arrests, informing arrestees of grounds for arrest and rights to bail, and searching of arrested persons.
- Section 56 requires that arrested persons
This document is a letter from B. Subramanyam to the President of India regarding disciplinary action taken against him for his failure to properly audit the Charminar Cooperative Urban Bank Ltd and report financial irregularities. It discusses the relevant acts and rules governing disciplinary proceedings for civil servants in Andhra Pradesh and at the central government level. It provides details of his case, which was heard in the Ist Additional Metropolitan Sessions Judge court in Nampally, Hyderabad. The letter argues that the proper procedure established by law was not followed in his case and requests that a FIR be registered with the CBI to investigate the matter further.
The criminal law amendment ordinance, 1944Leo Lukose
This document outlines The Criminal Law Amendment Ordinance of 1944 in India. Some key points:
- It allows the government to apply to attach property of those believed to have committed scheduled offenses, even if charges haven't been filed yet.
- Upon receiving an application, the district judge can pass an interim attachment order unless they believe there is no evidence the offense occurred.
- A notice is issued to the property owner calling them to show cause why the attachment should be withdrawn. Notices are also issued to other interested parties.
- After investigating any objections, the judge will make the interim attachment absolute, vary it by releasing some property, or withdraw the order entirely if they believe no offense was committed
This document discusses the fundamental rights of civil servants in India according to the Constitution and various service rules. It provides an overview of the seven freedoms guaranteed by Article 19 of the Constitution, as well as reasonable restrictions on these freedoms. It also discusses rules regarding conduct of civil servants, disciplinary proceedings, penalties, suspension, and the rights of civil servants during an inquiry process according to principles of natural justice.
The document outlines 24 key non-negotiables of the Jan Lokpal Bill, including: 1) Making the Prime Minister and high court/supreme court judges subject to the Lokpal's authority. 2) Giving the Lokpal search and seizure powers. 3) Deemed the Lokpal's proceedings as judicial proceedings. 4) Giving the Lokpal suo moto investigation and prosecution powers. 5) Requiring public servants to submit property statements and deeming undisclosed properties to be obtained through corrupt means.
This document is the draft of "The Illegal Immigrants (Identification and Deportation) Bill, 2018" introduced in the Rajya Sabha of India. The bill aims to provide an institutional mechanism to identify illegal immigrants in India and deport them. It establishes a National Commission for Identification and Deportation of Illegal Immigrants to oversee the process at the national level. Additionally, each state or group of states would have a State Commission to identify illegal immigrants locally and supply lists to the national body for deportation actions. The bill grants investigation powers to the commissions and prioritizes speedy resolution of legal cases involving illegal immigrants.
- The document contains the text of the Lokpal and Lokayuktas Bill, 2013 as passed by both houses of Parliament, incorporating amendments made by Rajya Sabha.
- The bill establishes the Lokpal, an anti-corruption ombudsman organization for the Union government of India, and provides for inquiries into allegations of corruption against public servants.
- It outlines the composition, appointment process, powers, and functions of the Lokpal organization and its various wings.
This document contains the text of the Federal Investigation Agency Act, 1974 passed by the National Assembly of Pakistan. The key points are:
1) It establishes a Federal Investigation Agency to investigate certain offenses related to federal matters, as listed in the Schedule.
2) The Agency will be headed by a Director-General and will have powers to investigate throughout Pakistan, similar to provincial police.
3) It repeals prior laws establishing the Special Police and transfers existing officers to the new Agency, with their existing terms and conditions.
The document outlines the Government Servants (Efficiency and Discipline) Rules, 1973 which establish procedures for imposing penalties on civil servants for reasons of inefficiency, misconduct, corruption, or actions prejudicial to national security. It defines key terms and outlines the process for inquiries, including the roles of inquiry officers and committees, accused rights, and appeals. Penalties include minor penalties like denial of promotion or increments, and major penalties like removal or dismissal. The rules also repeal previous related rules from 1960 and 1961.
PROCEDURAL FORMALITIES OF SEARCH, SEIZURE & SPOT CASE DIARIES.pptxAttique ur Rehman
The document provides guidelines for procedural formalities related to search, seizure, and maintaining case diaries according to Pakistani law. The key points are:
- Searches must be conducted according to the law and with proper documentation of grounds and witnesses. Personal searches and searches of premises each have specific legal requirements.
- Case diaries are mandatory records of investigation proceedings that document actions, places visited, and circumstances ascertained on a daily basis. They are an aid to trials but not direct evidence.
- Maintaining a proper chain of custody for any evidence seized is important to prove the evidence's connection to the crime in court.
This document is the Human Trafficking and Transportation (Control) Act from Nepal that was enacted in 2007. Some key points:
- It establishes human trafficking and transportation as criminal offenses and outlines punishments such as imprisonment and fines.
- It provides protections for victims such as certifying their statements in court, allowing separate legal representation, and translation services.
- It requires the establishment of rehabilitation centers to provide medical treatment, social services, and family reunification support for victims.
- It creates a rehabilitation fund to support the operation of centers and provides compensation to victims from fines imposed on offenders.
This document summarizes the Antiquities and Art Treasures Act of 1972 in India. The key points are:
1) The Act regulates the export of antiquities and art treasures from India and prevents smuggling and fraudulent dealings of antiquities.
2) It allows for the compulsory acquisition of antiquities and art treasures by the government to preserve them for public places.
3) Licenses are required to sell antiquities, and licensing officers are appointed to oversee licensing. Registration of specified antiquities is also required.
4) The Central Government can declare that only it can carry out the business of selling antiquities if needed for conservation or public interest.
This document summarizes the Antiquities and Art Treasures Act of 1972 in India. The key points are:
1) The Act regulates the export of antiquities and art treasures from India and prevents smuggling and fraudulent dealings of antiquities.
2) It allows for the compulsory acquisition of antiquities and art treasures by the government to preserve them for public places.
3) Licenses are required to sell antiquities, and licensing officers are appointed to issue licenses and enforce the Act's provisions. Certain antiquities must also be registered.
The document discusses the concept of bail in Indian criminal jurisprudence. It provides definitions of bail and discusses the provisions related to bail in the Code of Criminal Procedure. It notes that bail is meant to ensure the appearance of the accused person in court. The document outlines the factors considered for granting bail like the nature of the offense and evidence. It discusses the powers of High Courts and Sessions Courts to grant bail. It also examines the relationship between bail provisions and Article 21 of the Indian Constitution regarding personal liberty. Important case laws related to bail are also summarized.
Powers and duties of executive magistrates 140521132930-phpapp02RadhaKrishna PG
Executive Magistrates are appointed by state governments and have administrative and executive powers under criminal law, while Judicial Magistrates are under the control of High Courts. The document outlines the functions and powers of Executive Magistrates, including:
1. Issuing search warrants and orders to search places suspected of containing stolen goods, forged documents, or abducted persons.
2. Taking security from arrested persons to ensure their attendance in court and releasing them from custody.
3. Producing persons arrested on warrants from other jurisdictions before themselves or directing their removal.
Executive Magistrates are appointed by state governments and have administrative and executive powers under criminal law, in contrast to judicial magistrates who are part of the judiciary. Some key powers of executive magistrates include issuing search warrants, preventing public nuisances, dispersing unlawful assemblies, holding inquests of unnatural deaths, and taking security from arrested persons for their attendance in court. They are subordinate to district and sub-divisional magistrates and do not directly exercise arrest powers but through the police.
SCs and STs (PoA) Rules 1995. This contains the bare Rules. Use along with the set of 10 files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).
It can also be accessed at http://socialjustice.nic.in/poa-act.php
More on the Act and its implementation can be accessed at the WIKI page:
http://en.wikipedia.org/wiki/Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989
Use along with the set of files (POA 1 to POA 9) to monitor its implementation using the Right to Information Act 2005 (RTI).
Download the whole set and use!
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
2. • 1. Short title, extent and commencement.—
(1) This Act may be called the Railway
Property (Unlawful Possession) Act, 1966.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the
Central Government may, by notification in
the Official Gazette, appoint.
****On 5 August 2019, the Parliament of India voted in favour of a
resolution to revoke the temporary special status, or autonomy, granted under Article
370 of the Indian Constitution to Jammu and Kashmir
3. • 2. Definitions.—In this Act, unless the context otherwise requires,—
• (a) “Force” means the Railway Protection Force constituted under section 3
of the Railway Protection Force Act, 1957 (23 of 1957);
• (b) “member of the Force” means a person appointed to the Force, other
than a superior officer;
• (c) “officer of the Force” means an officer of and above the rank of
Assistant Sub-Inspector appointed to the Force and includes a superior
officer;
• (d) “railway property” includes any goods, money or valuable security or
animal, belonging to, or in the charge or possession of, a railway
administration;
• (e) “superior officer” means any of the officers appointed under section 4
of the Railway Protection Force Act, 1957 (23 of 1957), and includes any
other officer appointed by the Central Government as a superior officer of
the force;
• (f) words and expressions used but not defined in this Act and defined in
the Indian Railways Act, 1890 (9 of 1890), shall have the meanings
respectively assigned to them under that Act.
4. • 3. [Penalty for theft, dishonest misappropriation or unlawful possession
of railway property].—
Whoever commits theft, or dishonestly misappropriates or is found, or
is proved] to have been, in possession of any railway property reasonably
suspected of having been stolen or unlawfully obtained shall, unless he
proves that the railway property came into his possession lawfully, be
punishable—
• (a) for the first offence, with imprisonment for a term which may extend to
five years, or with fine, or with both and in the absence of special and
adequate reasons to be mentioned in the judgment of the court, such
imprisonment shall not be less than one year and such fine shall not be less
than one thousand rupees;
• (b) for the second or a subsequent offence, with imprisonment for a term
which may extend to five years and also with fine and in the absence of
special and adequate reasons to be mentioned in the judgment of the
court, such imprisonment shall not be less than two years and such fine
shall not be less than two thousand rupees.
• 4[Explanation.—For the purposes of this section, “theft” and “dishonest
misappropriation” shall have the same meanings as assigned to them
respectively in section 378 and section 403 of the Indian Penal Code (45 of
1860).]
5. • 4. [Punishment for abetment, conspiracy or
connivance at offences.]
• —[Whoever abets or conspires in the commission of
an offence punishable under this Act, or any owner]
or occupier of land or building, or any agent of such
owner or occupier in-charge of the management of
that land or building, who willfully connives at an
offence against the provisions of this Act, shall be
punishable with imprisonment for a term which may
extend to five years, or with fine, or with both.
• [Explanation.—For the purposes of this section, the
words “abet” and “conspire” shall have the same
meanings as assigned to them respectively in sections
107 and 120A of the Indian Penal Code (45 of 1860.)]
6. • 5. Offences under the Act not to be cognizable.—
Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (5 of 1898), an offence
under this Act shall not be cognizable.
• 6. Power to arrest without warrant.—Any superior
officer or member of the Force may, without an order
from a Magistrate and without a warrant, arrest any
person who has been concerned in an offence
punishable under this Act or against whom a
reasonable suspicion exists of his having been so
concerned.
• 7. Disposal of persons arrested.—Every person
arrested for an offence punishable under this Act
shall, if the arrest was made by a person other than
an officer of the Force, be forwarded without delay to
the nearest officer of the Force.
7. Cognizable and non-cognizable offences
• Cognizable offences are those offences for which a police officer
may arrest without a court-mandated warrant in accordance with
the first schedule of the code. (Rape, Murder, Dowry death,
Kidnapping, Theft, Criminal Breach of Trust, war against the
government in India) For non-cognizable cases the police officer
may arrest only after being duly authorized by a warrant. (the police
cannot start an investigation without the permission of the court.
The crimes of forgery, cheating, defamation, public nuisance, etc.)
Non-cognizable offences are, generally, relatively less serious
offences than cognizable ones. Cognizable offences reported under
section 154 Cr.P.C while non-cognizable offences reported under
section 155 Cr.P.C. (G.D)For non-cognizable offences the Magistrate
empowered to take cognizance under section 190 Cr.P.C. Under
section 156(3) Cr.P.C the Magistrate is competent to direct the
police to register the case, investigate the same and submit
the challan/report for cancellation.
8. • 8. [Inquiry how to be made].—
• (1) [When an officer of the Force receives information about the
commission of an offence punishable under this Act, or when any person is
arrested] by an officer of the Force for an offence punishable under this Act
or is forwarded to him under section 7, he shall proceed to inquire into the
charge against such person.
• (2) For this purpose the officer of the Force may exercise the same powers
and shall be subject to the same provisions as the officer in-charge of a
police-station may exercise and is subject to under the Code of Criminal
Procedure, 1898 (5 of 1898), when investigating a cognizable case:
• Provided that—
• (a) if the officer of the Force is of opinion that there is sufficient evidence or
reasonable ground of suspicion against the accused person, he shall either
admit him to bail to appear before a Magistrate having jurisdiction in the
case, or forward him in custody to such Magistrate;
• (b) if it appears to the officer of the Force that there is not sufficient evidence
or reasonable ground of suspicion against the accused person, he shall
release the accused person on his executing a bond, with or without sureties
as the officer of the Force may direct, to appear, if and when so required
before the Magistrate having jurisdiction, and shall make a full report of all
the particulars of the case to his official superior.
9. • 9. Power to summon persons to give evidence and produce
documents.—
• (1) An officer of the Force shall have power to summon any person whose
attendance he considers necessary either to give evidence or to produce
a document, or any other thing in any inquiry which such officer in
making for any of the purposes of this Act.
• (2) A summons to produce documents or other things may be for the
production of certain specified documents or things or for the production
of all documents or things of a certain description in the possession or
under the control of the person summoned.
• (3) All persons, so summoned, shall be bound to attend either in person or
by an authorised agent as such officer may direct; and all persons so
summoned shall be bound to state the truth upon any subject respecting
which they are examined or make statements and to produce such
documents and other things as may be required:
• Provided that the exemptions under sections 132 and 133 of the Code of
Civil Procedure, 1908 (5 of 1908), shall be applicable to requisitions for
attendance under this section.
• (4) Every such inquiry as aforesaid, shall be deemed to be a “judicial
proceeding” within the meaning of sections 193 and 228 of the Indian
Penal Code (45 of 1860).
10. • 10. Issue of search warrant.—
• (1) If an officer of the Force has reason to believe that any place is
used for the deposit or sale of railway property which had been
stolen or unlawfully obtained, he shall make an application to the
Magistrate, having jurisdiction over the area in which that place is
situate, for issue of a search warrant.
• (2) The Magistrate to whom an application is made under sub-section
(1), may, after such inquiry as he thinks necessary, by his warrant
authorise any officer of the Force—
• (a) to enter, with such assistance as may be required, such place;
• (b) to search the same in the manner specified in the warrant;
• (c) to take possession of any railway property therein found which he
reasonably suspects to be stolen or unlawfully obtained; and
• (d) to convey such railway property before a Magistrate, or to guard
the same on the spot until the offender is taken before a Magistrate,
or otherwise to dispose thereof in some place of safet
11. • 11. Searches and arrests how to be made.—All searches
and arrests made under this Act shall be carried out in
accordance with the provisions of the Code of Criminal
Procedure, 1898 (5 of 1898), relating respectively to
searches and arrests made under that Code.
• 12. Officers required to assist.—All officers of Government
and all village officers are hereby empowered and
required to assist the superior officers and members of
the Force in the enforcement of this Act.
• 13. Power of courts to order forfeiture of vehicles, etc.—
Any court trying an offence punishable under this Act may
order the forfeiture to Government of any property in
respect of which the Court is satisfied that an offence
under this Act has been committed and may also order
the forfeiture of any receptacles, packages or coverings in
which such property is contained, and the animals,
vehicles, or other conveyances used in carrying the
property.
12. • 14. Act to override other laws.—The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in
any other law for the time being in force.
• 15. Construction of references to laws not in force in Jammu and
Kashmir.—Any reference in this Act to a law which is not in force in
the State of Jammu and Kashmir shall, in relation to that State, be
construed as a reference to the corresponding law, if any, in force in
that State.
• 16. Repeal and savings.—(1) The Railway Stores (Unlawful
Possession) Act, 1955 (51 of 1955), is hereby repealed.
• (2) Nothing contained in this Act shall apply to offences punishable
under the Act hereby repealed and such offences may be investigated
and tried as if this Act had not been passed.
• (3) The mention of particular matters in sub-section (2) shall not be
held to prejudice or affect the general application of section 6 of the
General Clauses Act, 1897 (10 of 1897), with regard to the effect of
repeals.