Is it is necessary for the confession to be signed by the accused?

Safeguards provided in law to obtain a voluntary and precisely recorded confession— Under Section 80 of the Indian Evidence Act, a Court is bound to presume that a statement or confession of an accused person, taken in accordance with law and purporting to be signed by any Judge or Magistrate, is genuine, and that the …

Can a sessions judge discharge the accused?

Discharge: As defined under Section 227, if the Judge considers that there is no sufficient ground for proceeding against the accused, upon hearing the submissions of the prosecution and the accused in the behalf and consideration of the record of the case along with the documents submitted therewith, he shall …

Which cases are to be investigated by police as empowers under CrPC?

Investigation in Cognizable Cases: Section 156(1) empowers an officer in charge of a police station to investigate a cognizable case without an order of a magistrate. It also limits his power to investigation of such cases within the local jurisdiction.

What is cognizable Offence under CRPC?

A Cognizable offence is an offence in which a police officer can arrest without warrant and without orders of a magistrate in accordance with a first schedule or any other law time being in force.

What is Section 151 of the Code of Criminal Procedure?

Section 151, Code of Criminal Procedure (1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.

Is Section 151 of the Indian Constitution unlawful?

“The provision (Section 151) by no stretch of imagination can be said to be either arbitrary or unreasonable or infringing upon the fundamental rights of a citizen under Articles 21 and 22 of the Constitution of India.”

When Section 111 of code of criminal procedure is invoked?

Ideally, when the alleged offender is present in the court, an order under section 111 should be issued. If the offender is not present, section 112 of Code of Criminal Procedure is invoked. However, none of these sections were invoked and the order of detention was arbitrarily given.

Are Section 107 and 151 of the Indian Constitution intra-vires to it?

However technically, Sections 107 and 151 have been proven to be intra-vires to the Constitution of India on the following grounds: