“ Section 197 of the Cr.PC and Section 218 of the BNSS are intended to operate as a safeguard against public servants from being dragged into vexatious proceedings for having discharged their official duties. In doing so the court observed that Section 197 CrPC/Section 218 BNSS are meant to safeguard the public servants from being dragged into vexatious proceedings while …
S.238: Compliance with Section 207 - When in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of Section 207. Where, in any case under this Chapter, a previous conviction is charged under the provisions …
INTRODUCTION The curial act of "taking cognizance of an offence" has baffled the Bench and the Bar alike mainly due to the fact that the Code of Criminal Procedure, 1973 has not chosen to define the said expression although we find the said expression used in various provisions in the Cr.P.C. We have come across loose expressions such as "the …
The Supreme Court has observed that merely because the acquittal of the accused was premised on the assessment that the prosecution had failed to establish its case, it does not necessarily mean that the investigator and the concerned witnesses ought to be proceeded against for the offence under Section 218 of the Indian Penal Code.Section 218 IPC deals with the …