AI Overview...
Summary of Section 265 of the Criminal Procedure Code (Cr.P.C.)
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Mandatory Recording by Presiding Officer - Section 265(1) mandates that the record of proceedings in a trial must be written by the presiding officer, including dictation and signatures, to ensure authenticity and compliance ABDUL AZIZ VS STATE OF UTTAR PRADESH - Allahabad.
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Application to Summary Trials - Sections 262 to 265 of Cr.P.C. generally apply to trials under the Negotiable Instruments Act, 1881, especially in summary trial procedures, ensuring procedural uniformity PARASNATH NAIK VS DURGA PRASAD NAIK - Chhattisgarh, VINAY KUMAR VS STATE OF U. P - Allahabad.
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Procedural Requirements and Compliance - Proper adherence to mandatory provisions, such as recording and signing, is crucial; failure to do so can lead to legal irregularities and impact the validity of proceedings In Re: Velivalli Brahmaiah VS Unknown - Madras, ABDUL AZIZ VS STATE OF UTTAR PRADESH - Allahabad.
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Scope and Interpretation - The phrase shall be written by the presiding officer includes dictation, and the record must bear the signature of the officer in their own hand, not just stamped, to meet legal requirements ABDUL AZIZ VS STATE OF UTTAR PRADESH - Allahabad.
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Application in Specific Cases - In cases involving offences under the Negotiable Instruments Act, the provisions of Sections 262 to 265 Cr.P.C. are invoked for trial procedures, including summary trials and compounding of offences Pukhraj Achaldas Jain Prop. Magniram Achaldas Co. VS Mahendrakumar Chhaganlal Shah Prop. Karina Febrics - Gujarat, Md. Bannu VS State of Bihar - Jharkhand.
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Legal Challenges and Non-Compliance - Courts have emphasized that non-compliance with Section 265 provisions, such as improper recording or signature, can invalidate proceedings or judgments, as seen in various case laws In Re: Velivalli Brahmaiah VS Unknown - Madras, Jaipur City Transport Services Ltd. VS Ramveer Singh - Rajasthan.
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Related Legal Provisions - Sections 265-A and B have been introduced to streamline procedures like plea bargaining and minor offence handling, with courts stressing adherence to procedural requirements under these sections REMYA Vs SARADHI MOTOR FINANCE - Kerala.
Analysis and Conclusion
Section 265 of the Cr.P.C. is a crucial procedural safeguard ensuring that trial records are accurately maintained by the presiding officer, including dictation and signatures, to uphold the integrity of criminal proceedings. Its application spans various trial types, notably summary trials under special statutes like the Negotiable Instruments Act. Non-compliance with its provisions can lead to procedural irregularities and affect the validity of judgments. Courts have consistently underscored the importance of strict adherence to these recording requirements to maintain procedural fairness and legal sanctity.
References: - ABDUL AZIZ VS STATE OF UTTAR PRADESH - Allahabad - PARASNATH NAIK VS DURGA PRASAD NAIK - Chhattisgarh - In Re: Velivalli Brahmaiah VS Unknown - Madras - Pukhraj Achaldas Jain Prop. Magniram Achaldas Co. VS Mahendrakumar Chhaganlal Shah Prop. Karina Febrics - Gujarat - Jaipur City Transport Services Ltd. VS Ramveer Singh - Rajasthan - Md. Bannu VS State of Bihar - Jharkhand - REMYA Vs SARADHI MOTOR FINANCE - Kerala
Search Results for "S 265 B Code of Criminal Procedure"
2011 0 Supreme(Chh) 297 • India - Chhattisgarh
SUNIL KUMAR SINHA
Act - Trial Procedure - 143 - The court discussed the provisions of Section 143 of the Negotiable Instruments Act, 1881 and Sections ... Act, 1881 and as far as may be under provisions of Sections 262 to 265 of the Code of Criminal Procedure. ... Act, 1881 and as far as may be under provisions of Sections 262 to 265 of the Code of Criminal Procedure. ... --(l) In trials under this Chapter, the procedure specified in this Code for the trial of summons case shall be followed except as hereinafter mentione....
2007 0 Supreme(All) 932 • India - Allahabad
VINOD PRASAD
Act) and its trial procedure under Sections 262 to 265 of the Code of Criminal Procedure (Cr.P.C.). ... NI Act - Criminal Revision - Section 138 of the N.I. ... Act in a summary trial in accordance with the provisions of Sections 262 to 265 Cr. P. C. Procedure for summary trial is incorporated under Chapter-XXI Cr. P. C. engulfing Sections 260 to 265 Cr. P. C. For the purposes of section 143 of the N. I. Act Section 260 and 261 Cr. P. ... G. the procedure of summons c....
2012 0 Supreme(Guj) 245 • India - Gujarat
BANKIM N.MEHTA
Negotiable Instruments Act, 1881 (Central Act 26 of 1881) — Sections 138 and 143 — Criminal Procedure Code, 1973 — Sections 262 to 265 ... Section 326(3) of the Code does not permit the Magistrate to act upon the substance of evidence recorded by his predecessor. ... relying on the evidence recorded by his predecessor delivered the impugned judgment — It is against the provision of law under the Code ... Section 143 provides that Sections 262 to 265 of Code of Criminal Procedure, 1973 shall, as far as may be, apply to th....
1930 0 Supreme(Mad) 134 • India - Madras
S.CHETTY
in the proceedings, and the mere putting in of initials is not a sufficient compliance with the mandatory provisions of Section 265 ... in the proceedings, and the mere putting in of initials is not a sufficient compliance with the mandatory provisions of Section 265 ... Finding of the Court: The court found that the non-compliance with the mandatory provisions of Section 265 of the Criminal ... Queen-Empress (1896) I.L.R. 23 C. 896 the same question arose in . connection with a warrant of arrest issued by a Criminal C....
2008 0 Supreme(Jhk) 1183 • India - Jharkhand
AJIT KUMAR SINHA
(B) Essential Commodities Act, 1955—Sections 7(1)(a)(ii) and 12-AA Sections 262 to 265 ... .- The present criminal appeal has been preferred against the judgment and order of conviction and sentence dated 10.1.2000 passed by the Special Judge, Gumla in G.R. ... It will thus be seen that while the penalty provided for an offence under Section 7(1)(a)(ii) extends to seven years and fine, by virtue of clause (f) of sub-section (1) of Section 12-AA if the offence is tried in a summary way applying the provisions of Sections 262 to 265 of the ....
1956 0 Supreme(All) 14 • India - Allahabad
MULLA
Issues: Whether the phrase "shall be written by the presiding officer" in Section 265 (1), Cr. P. ... CRIMINAL PROCEDURE CODE, 1898 - SECTION 265(1) - INTERPRETATION - "SHALL BE WRITTEN BY THE PRESIDING OFFICER" - INCLUDES DICTATION ... AS TYPED RECORD BEARS SIGNATURES OF PRESIDING OFFICER IN HIS OWN HAND AND NOT MERELY STAMPED IT FULFILLS REQUIREMENTS OF SECTION 265 ... " ... ... ( 7 ) IN view of this Sub-section it is clear that even a Bench of Magistrates can maintain record under Section 263, Criminal P. C. and del....
2009 0 Supreme(Bom) 1786 • India - Bombay
P.D.KODE
petitioner challenged the order passed by the trial court fixing the matter for consideration on merits and for judgment in summary criminal ... The court also noted that the compounding of offences and the procedure for summary trial were not followed properly. ... Issues: The issues involved were the compounding of offences under Section 138 of the Negotiable Instruments Act, the procedure ... The Criminal Court not being expected to be a silent spectator at a criminal trial and being expected to nav....
2016 Supreme(Online)(KER) 18432 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
Plea Bargaining - Criminal Procedure - Code of Criminal Procedure, Section 482, Section 265(B) - The court analyzed the provisions ... Final Decision: The Criminal Miscellaneous Case is dismissed. ... under Sections 265(B)(1)-(4) of the Code of Criminal Procedure regarding plea bargaining, emphasizing the requirement for the court ... the application under sub section (1) of the Section 265 (B) of the Code. ... 6.Section 265 (B) of the C....
2019 0 Supreme(Raj) 1292 • India - Rajasthan
PRADEEP NANDRAJOG, G.R. MOOLCHANDANI
The appellants had either pleaded guilty or entered into a compromise in the criminal cases against them. ... APPOINTMENT - DENIAL - RASH AND NEGLIGENT DRIVING - CONVICTION - PLEA OF GUILT - MORAL TURPITUDE - SECTION 265-A OF THE CODE OF ... The court also noted that Section 265-A of the Code of Criminal Procedure, 1973, was introduced to ensure that cases of minor nature ... one point of time the applicant was charged for offence of rash & negligent driving u/Ss. 279, 337, 338 IPC & also u/S.134 & 187 of MV Act and on having pleaded guil....
2012 0 Supreme(Guj) 242 • India - Gujarat
BANKIM N.MEHTA
of the Code shall as far as may be apply to the trial under the Act — Section 326(3) of the Code does not permit a Magistrate to ... 1881 (Central Act 26 of 1881) — Sections 138 and 143 — Criminal Procedure Code, 1973 (Central Act 2 of 1974) — Sections 262 to 265 ... Section 326(3) of the Code does not permit the Magistrate to act upon the substance of evidence recorded by his predecessor. ... It also provides that Sections 262 to 265 of Code of Criminal Procedure, 1973 shall, as far as may be, apply to....
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