11. STATE OF RAJASTHAN VS MUKESH SHARMA - 22 Apr 19

Remission is not a matter of right but subject to the Rules.

(b) Indian Penal Code, 1860 – Section ... ... “Section 433-A. ... When we refer to Section 433-A, we find that the expression used in the said section for the purpose of grant of remission relating ... ... “Section 59. Power to make rules.

India - Supreme Court

12. VIJAY KUMAR BANSAL VS STATE OF DELHI - 20 May 02

Section 346, Cr.P.C. provides procedure where the court considers that the case should not be dealt with under Section 345, Cr.P.C ... ... Section 345 of the Code provides procedure in certain cases of contempt ... Criminal Procedure Code, 1973 - Sections 256, 482, 195, 251, 340, 345, 346(2), 395, 440 — Dismissal of complaint — Absence of complainant ... C. prescribe the procedure for enquiry prior to filing of a complaint as is envisaged in Section 195 Cr. P. C. Section 345 cr. ... C. provides procedure where the court considers that the case should not be dealt with under section 345 Cr. P. ... Procedure where Court considers that case should not be dealt with under section 345.

India - Delhi

13. State of M. P. VS Haji Abdul - 17 Jul 97

IPC); (ii) local law (Section 42 IPC); (iii) Special jurisdiction or power, and (iv) any special form of procedure. ... Section 4 (2) of Cr. P.

India - Madhya Pradesh

14. Kanwardeepsingh Harbansingh Bedi VS State of Maharashtra - 07 May 09

Criminal Procedure Code, 1973—Section 475 read with Rules 3 to 8 of Criminal Courts and Court martial (Adjustment of Jurisdiction ... Court to adopt the procedure laid down in Section 126 of the Army Act. ... Deepak Mahajan 440] [(1994) 3 SCC 440], on a reading of Section 5 in juxtaposition with Section 4(2) of the Code, the supreme court ... This criminal appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973, arises from the order of conviction and

India - Bombay

15. Swapnil Tripathi VS Supreme Court of India - 26 Sep 18

Live streaming of court proceedings is desirable and has been adopted by many jurisdictions. Supreme Court agreed to recommendations of the Attorney General of India Model guidelines suggested. Framing of Rules by the Supreme Court under Article 145(1) also suggested.

Right to justice – Opportunity to witness live proceedings in respect of matters having an impact on the public at large or on section ... 327, Code of Criminal Procedure, 1973 and section 153-B, Code of ... way of live streaming of Court proceedings – Article 145(4) stipulating pronouncements in open Court – Section ... Filming and broadcast of criminal proceedings in US Federal Courts were prohibited by Rule 53 of the Federal Rule of Criminal Procedure ... Justice Act, 1925 [Amended Section 41 of Criminal Justice Act, 1925: “41. ... Similarly, Section 327 of the CrPC also mandates criminal courts to be open: “Section

India - Supreme Court

16. DESH DEEPAK KAPOOR VS STATE (DELHI ADMINISTRATION) - 31 Oct 06

under section 302 - Hence, appeal partly allowed. ... Court considered that accused was wrongly convicted for offence under section 498A - However, Court upheld conviction for offence ... parents - Material discrepancies - Findings of the Trial Court regarding offence under section 498A was not supported by any evidence ... State of Bihar, (2002) 6 SCC 681 it was said,"it is well settled that in a criminal trial credible evidence of even a solitary witness ... This section reads as follows:-"498a. ... 302 and Section 498a of the indian Penal Code (hereinafter referred as the IPC ).

India - Delhi

17. Union of India VS V. Sriharan @ Murugan - 02 Dec 15

(1) Imprisonment for life in terms of Section 53 read with Section 45 of the Penal Code only means imprisonment for rest of life of the convict. (2) A special category of sentence instead of death can be substituted by the punishment of imprisonment for life or for a term exceeding 14 years. This category can be put beyond application of remission.(3) The exercise of power under Sections 432 and 433 of Code of Criminal Procedure will be available to the Appropriate Government even if such consideration was made earlier and exercised under Article 72 by the President or under Article 161 by the Governor. (4) As far as the application of Article 32 of the Constitution by this Court is concerned, it is held that the (5) Powers under Sections 432 and 433 are to be exercised by the Appropriate Government statutorily and it is not for Supreme Court to exercise the said power under Article 32. (6) Cases which fall within the four corners of Section 432(7)(a) by virtue of specific Executive Power conferred on the Centre, the same will clothe the Union Government the primacy with the status of Appropriate Government. In all other cases where the offender is sentenced or the sentence order is passed within the territorial jurisdiction of the concerned State, the State Government would be the Appropriate Government.(7) No suo motu power of remission is exercisable under Section 432(1) of Code of Criminal Procedure It can only be initiated based on an application of the person convicted as provided under Section 432(2) and that ultimate order of suspension or remission should be guided by the opinion to be rendered by the Presiding Officer of the concerned Court.(8) In situations covered by sub-clauses (a) to (c) of Section 435(1) falling within the jurisdiction of the Central Government it will assume primacy and consequently the process of “Consultation” in reality be held as the requirement of “Concurrence”.

432(1) is permissible in the scheme of the section, if yes, whether the procedure prescribed in sub-clause (2) of the same Section ... 432(1) and (2) – Section 432(1) only prescribes extent of power, not the procedure – No requirement of any application does not ... mean that the power can be exercised suo motu – Section 432(2), on the other hand, prescribers procedure when an application for ... the procedure prescribed under Section 432(2). ... 432(1) is permissible in the scheme of the Section, if yes, whether the procedure prescribed in sub-section (2) of the same section ... 432(1) is permissible in the scheme of the section, if yes, whether the procedure prescribed in sub-section (2) of the same section

India - Crimes

18. Kartar Singh: Kripa Shankar Rai VS State Of Punjab - 01 Jan 94

Law Act of 1973 - Section 62 - Ireland Emergency Provisions Act, 1978 - U.P. ... 21, 233, 234 ,235 , 143(1) , 139-A and 20(3) - Northern Ireland (Emergency Provisions) Act of 1973 - Indian Evidence Act, 1872 - Criminal ... Temple case - Overt phase of terrorism - Criminal appeals and SLPs are filed challenging vires of Terrorist Affected Areas (Special ... law) and 2 (Criminal procedure) of List III. ... The criminal procedure, is no better designed, indeed it is often less well adapted than the civil procedure to determine pure questions ... The criminal procedure, is no better designed, indeed it is often less well adapted than the civil procedure to determine pure questions

India - Supreme Court

19. KARTAR SINGH VS State Of Punjab - 11 Mar 94

to the fair and reasonable procedure enshrined in Art. 21 of the Constitution. ... justice system in the absence of any other valid reason for an abnormal procedure. ... If every such person aggrieved by the judgment and order of the Designated Court passed under any criminal law other than the TADA ... law) and 2 (Criminal procedure) of List III. ... The criminal procedure, is no better designed, indeed it is often less well adapted than the civil procedure to determine pure questions ... The criminal procedure, is no better designed, indeed it is often less well adapted than the civil procedure to determine pure questions

India - Supreme Court

20. Union of India VS V. Sriharan @ Murugan - 02 Dec 15

Imprisonment for life in terms of Section 53 read with Section 45 of the Penal Code only means imprisonment for rest of life of the convict. A special category of sentence instead of death can be substituted by the punishment of imprisonment for life or for a term exceeding 14 years. This category can be put beyond application of remission.The exercise of power under Sections 432 and 433 of Code of Criminal Procedure will be available to the Appropriate Government even if such consideration was made earlier and exercised under Article 72 by the President or under Article 161 by the Governor. As far as the application of Article 32 of the Constitution by this Court is concerned, it is held that the Powers under Sections 432 and 433 are to be exercised by the Appropriate Government statutorily and it is not for Supreme Court to exercise the said power under Article 32. Cases which fall within the four corners of Section 432(7)(a) by virtue of specific Executive Power conferred on the Centre, the same will clothe the Union Government the primacy with the status of Appropriate Government. In all other cases where the offender is sentenced or the sentence order is passed within the territorial jurisdiction of the concerned State, the State Government would be the Appropriate Government.No suo motu power of remission is exercisable under Section 432(1) of Code of Criminal Procedure It can only be initiated based on an application of the person convicted as provided under Section 432(2) and that ultimate order of suspension or remission should be guided by the opinion to be rendered by the Presiding Officer of the concerned Court.In situations covered by sub-clauses (a) to (c) of Section 435(1) falling within the jurisdiction of the Central Government it will assume primacy and consequently the process of “Consultation” in reality be held as the requirement of “Concurrence”.

432(1) is permissible in the scheme of the section, if yes, whether the procedure prescribed in sub-clause (2) of the same Section ... 432(1) and (2) – Section 432(1) only prescribes extent of power, not the procedure – No requirement of any application does not ... mean that the power can be exercised suo motu – Section 432(2), on the other hand, prescribers procedure when an application for ... the procedure prescribed in sub-section (2) of the same section is mandatory or not? ... the procedure prescribed in sub-section (2) of the same section is mandatory or not? ... the procedure prescribed in sub-section (2) of the same section is mandatory or not?

India - Supreme Court