Sec 133 to sec 144 cr.p.c
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This document outlines procedures under Indian law for addressing public nuisances and urgent cases of nuisance. It discusses the powers of magistrates to issue orders requiring the removal of nuisances, impose penalties if orders are not followed, and conduct inquiries if orders are denied. For urgent cases, magistrates may pass ex parte orders prohibiting certain acts to prevent disturbances, but these orders cannot remain in force for more than two months. All orders under this law must specify material facts, grounds for satisfaction of an emergency, what is prohibited, applicable persons and places, and the time period covered.
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Bharatiya_Nagarik_Suraksha_Sanhita insyead of crpc 2023 James Joseph Adhikara...Jamesadhikaram land matter consultancy 9447464502
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The document discusses the concepts of crime and the process of arrest under Indian law. It defines what constitutes a crime and outlines the various elements and stages of a crime. It also describes the different types of offenses and the procedures involved in investigation, arrest, rights of arrested persons, and trial. The key laws governing crime and criminal procedure in India are the Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act. The document provides detailed information on the law around arrest, including when police may make an arrest with or without a warrant and the rights of individuals during and after the arrest process.
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EXECUTIVE MAGISTRATES-Powers functionsof rev_offi_as_executivemagistrates a
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Warrants in India
Warrants are written orders issued by a judicial officer commanding a law enforcement officer to perform some act related to the administration of justice. There are several types of warrants including arrest warrants, which allow police to detain a suspect, and search warrants, which permit officers to search property for evidence of a crime. Warrants must be properly issued by a court and executed by law enforcement according to established legal procedures to be valid.
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Fourth amendment
This document summarizes key aspects of Fourth Amendment search and seizure law, including requirements for search warrants, exceptions to the warrant requirement, and analyses of relevant Supreme Court cases. It discusses the reasonable expectation of privacy test, probable cause standard, and exclusionary rule. It also outlines exceptions such as search incident to arrest, automobile exception, plain view doctrine, consent searches, and inventory searches.
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Similar to Sec 133 to sec 144 cr.p.c (20)
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EXECUTIVE MAGISTRATES-Powers functionsof rev_offi_as_executivemagistrates a
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Sec 133 to sec 144 cr.p.c
- 1. Sec. 133: Removal of Nuisance On receiving report of a Police officer or other information (taking evidence) • If immediate steps are not taken irreparable injury will be done. • To act in the interest of public. • Not a Private Dispute. • Conditional Order to be passed. • Final Order u/s. 411.
- 2. Sec. 135: Person against whom order u/s. 133 is made shall: a) perform within the time and in the manner specified, b) appear and show cause. Sec. 136: If the person does not act or appear and show cause he shall be liable to penalty prescribed in S.188 IPC. Sec. 137: (1) Enquiry if the person denies, (2) If reliable evidence is found in support of denial, the Magistrate shall stay the proceedings until a Civil Court decides.
- 3. Sec. 138: (1) When the person appears and shows cause, evidence shall be taken. (2) If the Magistrate is satisfied that the order passed is reasonable and proper, the Order shall be made absolute with or without modification. (3) If Magistrate is not satisfied, further proceedings shall take place.
- 4. Sec. 139: Magistrate may direct…. Sec. 141: (1) Notice to the person to obey the order within specified time [prior to passing order u/s. 136], (2) Attachment and sale when not obeyed. Sec. 143: Order not to repeat or continue public nuisance.
- 5. Urgent Cases of Nuisance (S. 144) • (1) Magistrate may direct a person to abstain from certain act or to take certain order for prevention of disturbance of public tranquility, • (2) Order may be passed ex parte in case of emergency, • (4) Order shall not remain in force for more than 2 months, • (7) To appear and show cause, • Order is revisable by High Court/ Sessions Court u/s. 397 CrPC.
- 6. Elements in the Order u/s. 144 CrPC. • Material facts. • Factors necessary for action u/s. 144 CrPC. • Grounds of satisfaction that its emergency. • Thing which is prohibited. • Persons who are prohibited. • Place covered. • Period of time covered.