AI Overview...
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Section 461 of CrPC can be raised at any time during the trial - There is no strict time limit for raising jurisdictional objections under Section 461 of the CrPC. Such objections can be raised at any stage of the trial, and courts are obliged to consider them to prevent proceedings from being a nullity if jurisdiction is lacking. However, it is advisable to raise jurisdictional issues early to avoid prejudice and procedural complications. M/S WIPRO LTD., Vs MR. SASI AND ANOTHER - Kerala
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Early raising of jurisdictional objections is preferable - The principles established emphasize that objections related to jurisdiction should ideally be raised at the earliest possible stage to ensure smooth proceedings and to prevent unnecessary prejudice, as demonstrated in cases where late objections caused prejudice to the accused. M/S WIPRO LTD., Vs MR. SASI AND ANOTHER - Kerala
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Jurisdictional objections can be raised even in part-heard cases - Courts recognize that objections to jurisdiction are not barred at any stage, including during trial proceedings, and such objections must be considered to avoid nullity of proceedings. M/S WIPRO LTD., Vs MR. SASI AND ANOTHER - Kerala
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Section 461 of CrPC and its relation to other sections - While Section 461 allows raising jurisdictional objections at any time, other procedural sections like 156(2), 190, and 326 also govern the initiation and conduct of proceedings, but none restrict the timing of jurisdictional challenges. LILADE SITADE PAVAIYA VS STATE - Gujarat, Vaman Narayan Ghiya VS State of Rajasthan - Rajasthan, Shashidar VS Bhima Rao - Dishonour Of Cheque
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Implications of raising jurisdictional objections - Raising jurisdictional objections late can lead to procedural irregularities, but courts have held that such objections are permissible at any stage and must be considered to uphold the integrity of judicial proceedings. M/S WIPRO LTD., Vs MR. SASI AND ANOTHER - Kerala, LILADE SITADE PAVAIYA VS STATE - Gujarat
Analysis and Conclusion:
The consensus across the provided sources indicates that Section 461 of the CrPC permits objections to jurisdiction to be raised at any stage of the trial. While early raising is encouraged to prevent prejudice, courts are obliged to consider such objections regardless of timing, ensuring the proceedings are valid and within jurisdiction. This aligns with the principle that jurisdictional challenges are fundamental and can be invoked at any point to uphold the legality of trial proceedings.
Search Results for "Section 461 of Crpc can be Raised at any Time of Trial"
2010 Supreme(Online)(KER) 17185 • India - High Court of Kerala
P.S.GOPINATHAN, J
should be raised early, and established principles for managing part-heard cases. ... without jurisdiction objections raised, causing significant prejudice to the petitioner. ... Fact of the Case: The petitioner accused the first respondent of an offense under Section 138 of the Negotiable Instruments ... However, no objection was raised by the first respondent at any time that the court below had no territorial jurisdiction. It is in that circumstance the trial was started and as pa....
2020 0 Supreme(MP) 285 • India - Madhya Pradesh
RAJEEV KUMAR SHRIVASTAVA
Section 311 of CrPC - Rejection of application under Section 311 of CrPC - IPC - [Sections 381, 387, 465, 120-B, 471, 419, 468 ... Fact of the Case: The applicant filed an application under Section 311 of CrPC to call for a witness and documents ... Section 311 of the CrPC lacked reasonable cause for calling the witnesses and documents, leading to the rejection of the application ... In the present case, it is apparent from the re....
1982 0 Supreme(Guj) 141 • India - Gujarat
S.B.MAJMUDAR
The only contention raised by Mr. Barot in support of the petition is, therefore, repelled. ... Even otherwise section 156(2) which is a corresponding provision to section 462 which takes care of inquiries and trials can certainly ... (i) Criminal Procedure Code, 1973-Sections-156(1), 184(b) and 223(d) Jurisdiction of Police Station to investigate ... See. 19 Cr. P. C is one out of a group of sections under the heading Conditions requisite for initiation of proceeding....
2020 8 Supreme 269 • India - Supreme Court
V.RAMASUBRAMANIAN
(A) Criminal Procedure Code, 1973 – Section 26 – Transfer of ... – There is no provision in Criminal Procedure Code akin to Section 21 of Code of Civil Procedure – Second ... criminal cases, is twofold – (i) First is that stage at which an objection as to jurisdiction, territorial or pecuniary, can be raised ... This Court held that the proceedings were void under Section 530(p) of the Code of Criminal Procedure, 1898 (as it stood at that time). It i....
2010 0 Supreme(Guj) 346 • India - Gujarat
JAYANT PATEL, H.B.ANTANI
[Para 19] ... (a) Section 306 of CrPC, is clear in itself and in view ... ... (c) The learned Magistrate under Section 306 of CrPC, is required ... [Para 55] ... When the provisions of Section 306 of CrPC, read with the ... raised the question and referred the matter to this Court by the impugned order. ... Section 482 of CrPC. ... be lightly considered as if a doubt is raised in the mind and the matter is referre....
2013 0 Supreme(Guj) 715 • India - Gujarat
HARSHA DEVANI
It appears that the first petitioner also filed an application under section 438 of the Code before the Sessions Court, at Surat ... 41 of the Code and arrest under a warrant under section 70 of the Code are different and as such, the petitions are required to ... It is in these circumstances, that though pursuant to the impugned order, the warrant under section 70 of the Code has already been ... For determining whether want of valid sanction had in fact occasioned failure of justice the aforesaid sub-section (2) enjoin....
2004 0 Supreme(Raj) 203 • India - Rajasthan
SHIV KUMAR SHARMA
26, 155(4) of CrPC - The court discussed the mandatory provisions of Section 26 of AAT Act and the jurisdiction of the Magistrate ... The petitioner raised objections regarding the jurisdiction of the Magistrate to take cognizance of offences under AAT Act. ... Finding of the Court: The court found that the provisions of Section 26 of AAT Act are mandatory, but the cognizance ... The petitioner by moving application under Section 190 of the Code of Criminal Procedure (for short ‘#HL_....
2006 0 Supreme(Bom) 1088 • India - Bombay
D.B.BHOSALE
recording evidence, procedure laid down by Apex Court in Bipin Shantilal Panchal’s case must be followed whenever an objection is raised ... under Section 138 of Act to enable the Magistrate to make up his mind for issuing process under Section 204 of Code. ... ... Negotiable Instruments Act, 1881 - Section 138 - Cr PC, 1973, Section ... If the objection is raised regarding admissibility of any material in evidence or as to the mode of proof and if such an objection is overruled by th....
2017 0 Supreme(Ker) 1383 • India - Kerala
ALEXANDER THOMAS
one under Section 138 of the Negotiable Instruments Act, where the Trial Court could have compulsory practical sentence of term, ... Negotiable Instruments Act 1881, S.138 - Criminal Procedure Code, 1973, Sections 30(1) Proviso (b) and 4(2) - In an offence like ... Darba, ILR 1 All 461. No case has been cited before us in which an attempt was made to justify an order of a Magistrate, whose jurisdiction to punish is limited by Section 33 of the Criminal Procedure Code....
• India - Dishonour Of Cheque
Anand Byrareddy
17—Criminal Procedure Code, 1973—Section 326—Dishonour of cheque—Conviction—Summary ... Negotiable Instruments Act, 1881—Section 138 read with Section ... is not a mere irregularity and conviction even if sustainable on evidence, cannot be upheld under Section 465 of Code—Proceedings ... He further contends that the petitioner is, for the first time, raising such an objection and it was never raised before the Trial Court or before the Appellate Cour....
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