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Criminal Procedure Code, 1973 (India)
The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents. At present, the act contains 565 sections, 5 schedules and 56 forms. The sections are divided into 46 chapters. History In medieval India, subsequent to the law set by the Muslims, the Mohammedan Criminal Law came into prevalence. The British rulers passed the Regulating Act of 1773 under which a Supreme Court was established in Calcutta and later on at Madras and in Bombay. The Supreme Court was to apply British procedura ...
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Parliament Of India
The Parliament of India ( IAST: ) is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the president of India and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The president in his role as head of the legislature has full powers to summon and prorogue either house of Parliament or to dissolve the Lok Sabha. The president can exercise these powers only upon the advice of the prime minister and his Union Council of Ministers. Those elected or nominated (by the president) to either house of Parliament are referred to as members of Parliament (MPs). The members of parliament of the Lok Sabha are directly elected by the Indian public voting in single-member districts and the members of parliament of the Rajya Sabha are elected by the members of all state legislative assemblies by proportional representation. The Parliament has a sanctioned strength of 543 in the Lok Sabha and 2 ...
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Challan
Challan or Chalan is a common Hindi word (चालान, cālān) that has become an Indian English technical word used officially in many professional, especially financial transactions. It usually means an official form or receipt of acknowledgement or other kind of proof document, piece of paperwork, police citation, etc. According to American Merriam-Webster Dictionary "Chalan" means voucher or invoice, comes from Hindi word of same sound and used in India. Similarly, British-English Dictionary Lexico also defines Challan as noun, "an official form or document, such as a receipt, invoice, or summons," and verb, "issue (someone) with an official notice of a traffic offence" and gives several examples of their applications, which are also paralleled by the Oxford Learner's Dictionary's two separate entries on the same. Wiktionary also gives examples of application the word Challain southeast Asia including its use as a verb with challaning and challaned used similar in ...
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Public Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar, or obtained a comparable qualification where available - such as solicitor advocates in England and Wales. They become involved in a criminal case once a suspect has been identified and charges need to be filed. They are employed by an office of the government, with safeguards in place to ensure such an office can successfully pursue the pro ...
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Tehsildar
In India and Pakistan, a Tehsildar or Mamlatdar is a tax officer accompanied by revenue inspectors. They are in charge of obtaining taxes from a tehsil with regard to land revenue. A tehsildar is also known as an executive magistrate of the relevant tehsil. The immediate subordinate of a tehsildar is known as a ''naib tehsildar''. This is akin to an additional deputy commissioner. Etymology The term is assumed to be of Mughal origin and is perhaps a union of the words "tehsil" and "dar". "Tehsil" is presumably an Arabic word meaning "revenue collection", and "dar" is a Persian word meaning "holder of a position". Mamlatdar is a synonymous term used in some Indian states that comes from the Hindi word ''māmala'' (मामला), which is derived from the Arabic ''muʿāmala'' (مُعَامَلَة‎ – "conduct, dealing, handling"). India British rule During British rule, a tehsildar was most likely a stipendiary officer of the government, employed to raise revenue. The po ...
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Additional District Magistrate (India)
The Indian Administrative Service (IAS) is the administrative arm of the All India Services of Government of India. Considered the premier civil service of India, the IAS is one of the three arms of the All India Services along with the Indian Police Service and the Indian Forest Service. Members of these three services serve the Government of India as well as the individual states. IAS officers are also deployed to various government establishments such as constitutional bodies, staff & line agencies, auxiliary bodies, public sector units, regulatory bodies, statutory bodies and autonomous bodies. As with other countries following the parliamentary system of government, the IAS is a part of the permanent bureaucracy of the nation, and is an inseparable part of the executive of the Government of India. As such, the bureaucracy remains politically neutral and guarantees administrative continuity to the ruling party or coalition. Upon confirmation of service, an IAS ...
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District Magistrate
A District Collector-cum-District Magistrate (also known as Deputy Commissioner in some states) is an All India Service officer of the Indian Administrative Service (IAS) cadre who is responsible for ''land revenue collection'', ''canal revenue collection'' and ''law & order maintenance'' of a ''District''. ''District Collector (DC) cum District Magistrate (DM)'' come under the general supervision of divisional commissioners wherever the latter post exists. India has 748 districts as of 2021. History The current district administration in India is a legacy of the British Raj, with the ''Collector cum District Magistrate'' being the chief administrative officer of the District. Warren Hastings introduced the office of the District Collector in the Judicial Plan of 1772. By the Judicial Plan of 1774 the office of the Collector cum District Magistrate was temporarily renamed Diwan. The name, Collector, derived from their being head of the revenue organization (tax collect ...
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Courts Of Judicial Magistrate Of Second Class
Courts of Judicial Magistrate of Second Class are at the lowest hierarchy of the Criminal Court structure in India. According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of Second Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification. According to Section 29(3) of the CrPC., a Judicial Magistrate of Second Class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding Five thousand (in madhya pradesh 25 thousand) rupee Rupee is the common name for the currencies of India, Mauritius, Nepal, Pakistan, Seychelles, and Sri Lanka, and of former currencies of Afghanistan, Bahrain, Kuwait, Oman, the United Arab Emirates (as the Gulf rupee), British East Africa, ...s, or of both. A Judicial Magistrate of Second Class cannot entertain a Prayer for Police Remand while ...
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Courts Of Judicial Magistrate Of First Class
Courts of Judicial Magistrate of First Class are at the second lowest level of the Criminal Court structure in India. According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of First Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification. According to Section 15 of the CrPc, a judicial magistrate is under the general control of the Sessions Judge and is subordinate to the Chief Judicial Magistrate. According to Section 29 of the CrPc., a Judicial Magistrate of First Class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees or of both. See also * Courts of Metropolitan Magistrate - Have the same powers as of Judicial Magistrate of First Class in India * Chief Judicial Magistrate Court Chief Judicial Magistrate's Court or Court of Chie ...
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Chief Judicial Magistrate Court
Chief Judicial Magistrate's Court or Court of Chief Judicial Magistrate (''abbreviated as CJM Court'') is the second tier court in the criminal court structure in India. Court of Chief Judicial Magistrate is the apex body of the Criminal Judiciary at the district level, and it is presided over by the Chief Judicial Magistrate. The Chief Judicial Magistrate shall be the in-charge of the Magistrate Courts in the districts. Every district shall have a Chief Judicial Magistrate's Court and in addition to this there shall be additional Chief Judicial Magistrate's Courts. Judicial First Class Magistrates work under the Chief Judicial Magistrate. The Chief Judicial Magistrates are appointed by the respective High courts of India. The Chief Judicial Magistrates works under principal district judge. In the hierarchy of criminal courts, the Chief Judicial Magistrate's Court is below the Principal District and Sessions Court and above the Sub-Divisional Judicial Magistrate Court and the Jud ...
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District Courts Of India
The district courts of India are the district courts of the state governments in India for every district or for one or more districts together taking into account of the number of cases, population distribution in the district. They administer justice in India at a district level. The civil court district court is judged by the district and sessions judge. This is the principal court of original civil jurisdiction besides the high court of the state and which derives its jurisdiction in civil matters primarily from the Code of Civil Procedure. The district court is also a court of sessions when it exercises its jurisdiction on criminal matters under the Code of Criminal Procedure. The district court is presided over by a district judge appointed by the state governor with on the advice of chief justice of that high court. In addition to the district judge there may be a number of additional district judges and assistant district judges depending on the workload. The additiona ...
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High Courts Of India
The high courts of India are the highest courts of appellate jurisdiction in each state and union territory of India. However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of pecuniary, territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters, if so designated specially by the constitution, a state or union law. The work of most high courts primarily consists of appeals from lower courts and writ petitions in terms of Articles 226 and 227 of the constitution. Writ jurisdiction is also an original jurisdiction of a high court. Each state is divided into judicial districts presided over by a district and sessions judge. He is known as district judge when he presides over a civil case, and session's judge when he presides over a criminal case. He is the highest judicial authority below a high court judge. Below him, there are courts o ...
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