1 / 22

Cr. P. Code – (Ch. XXVI)

Cr. P. Code – (Ch. XXVI). CONTEMPT OF COURT UNDER CR.P.C. “Court” (S. 195 [3]):-. Civil , Revenue or Criminal court; Includes a Tribunal constituted by a Central, Provincial or State Act – if declared as “Court” for purpose of this section.

smckinney
Télécharger la présentation

Cr. P. Code – (Ch. XXVI)

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Cr. P. Code – (Ch. XXVI) CONTEMPT OF COURT UNDER CR.P.C.

  2. “Court” (S. 195 [3]):- • Civil , Revenue or Criminal court; • Includes a Tribunal constituted by a Central, Provincial or State Act – if declared as “Court” for purpose of this section.

  3. Punishment Procedure for Certain Connected Offences (S. 195) Bar to taking Cognizance by Criminal Courts:- • Of offences punishable u/s 172-88 or their abetment or conspiracy [1(a)]; • Of offences punishable U/Ss. 193-96, 199, 200, 205-211 and 228 IPC, or U/Ss. 471, 475 or 476 IPC [1(b)]; - except on the complaint in writing of concerned Public Servants / Courts or their superiors.

  4. List of offences under Chapter X IPC (Contempt of lawful authority of public servants) • Absconding to avoid service of summons or other proceedings from Public servants (S. 172); • Preventing service/ affixation of summons etc. (S. 173); • Not obeying legal order to attend, or departing without authority (S. 174); • Intentional omission to produce documents before Public officer (S. 175); • Intentional omission to give notice or information to Public servants (S. 176); • Furnishing false information (S. 177);

  5. List of offences under Chapter X IPC (Contempt of lawful authority of public servants) • Refusing to take oath (S. 178); • Refusing to answer questions under obligation to state truth (S. 179); • Refusing to sign statement before Public servants (S. 180); • Knowingly stating false facts to Public servants (S. 181); • Giving false information to Public servant with evil intent (S. 182); • Resistance to taking of property lawfully by Public servants (S. 183);

  6. List of offences under Chapter X IPC (Contempt of lawful authority of public servants) • Obstruction to sale of property lawfully by Public servants (S. 184); • Bidding for purchasing property in spite of being legally barred etc. (S. 185); • Obstructing Public servants in discharge of public functions (S. 186); • Omissions to assist Public servants when required by law (S. 187); • Disobedience to a lawfully promulgated Order of Public servant etc. (S. 188);

  7. List of offences under chapter XI (False evidence and offences against public justice ) • Giving or fabricating false evidence (S. 193); • Giving or fabricating false evidence for conviction of capital offences (S. 194); • Giving or fabricating such evidence for conviction of lesser offence (S. 195); • Using false evidence in judicial proceedings (S. 196);

  8. List of offences under chapter XI (False evidence and offences against public justice ) • Using false declaration as true (S. 200); • False personation in suit or criminal prosecution (S. 205); • Fraudulent removal or concealment of property (S. 206); • False claim to property to prevent its forfeiture (S. 207);

  9. List of offences under chapter XI (False evidence and offences against public justice ) • Fraudulent suffer of decree (S. 208); • Fraudulent claim in Court (S. 209); • Fraudulent obtaining or execution of decree (S. 210); • False charge of offence with intent to injure (S. 211); • Intentional insult or interruption in judicial proceedings (S. 228);

  10. List of offences under Chapter XVIII (Offences relating to documents and property marks ) • Forgery (S. 463); • Using as genuine a forged document (S. 471); • Counterfeiting a device or mark for authenticating documents covered u/s 467 (S. 475); • Counterfeiting device or mark for other authenticating documents (S. 476);

  11. CONTEMPT U/S 345 Cr. P.C. Whenever any offence is committed u/s 175, 178, 179, 180 or 228 IPC in view or presence of any Court (Civil, Criminal or Revenue):-

  12. CONTEMPT U/S 345 Cr. P.C. • The Court may cause the offender to be detained in custody; • Take cognizance of the offence on the same day; • Can sentence fine upto Rs. 200/- I/d S.I. upto 1 month;

  13. Sentence to be passed only after giving offender a reasonable opportunity of showing cause. • Court must record facts, statements made by the offender, findings and sentence.

  14. CONTEMPT U/S 345 Cr. P.C. • In case of offence U/s 228 IPC the nature, stage of the judicial proceeding and nature of insult, interruption etc. to be stated. • Court ought to adopt a detached / dignified approach– TRC may be balanced;

  15. If Higher Sentence is Called for (S.346) • If the Court considers that an offender under section 345: • should be imprisoned; • fined exceeding Rs. 200/-; --Then matter should not be dealt with U/S 345.

  16. If Higher Sentence is Called for (S.346)-II • In such cases after recording the facts and statement of accused, the Court may: • forward the case to Competent Magistrate; • require security to be given for appearance; • Or I/D of security, forward such person in custody to such Magistrate; • TM to treat as if it were a case instituted on police report.

  17. DISCHARGE OF OFFENDERU/s 348 Cr. P.C. • On agreeing to do the thing ordered. • On apology being made to satisfaction of the Court.

  18. REFUSAL TO ANSWER OR PRODUCE DOCUMENT (S. 349) • If any witness/person - • Refuses to answer any question put to him, • Or to produce any document and thing in his possession, • And does not offer any reasonable excuse for such a refusal

  19. REFUSAL TO ANSWER OR PRODUCE DOCUMENT (S. 349) • The Court may with reasons recorded • Sentence him to S/I and commit him to custody upto 7 days unless in the mean time he agrees to answer or produce the document/thing; • In case of persistence of the refusal, action to be taken u/s 345/346

  20. NON-ATTENDANCE BY A WITNESS(S. 350) • Whenever any person summoned to appear - • Neglects without just excuse, or • Refuses to attend at that place, or • Departs from the place before time

  21. NON-ATTENDANCE BY A WITNESS(S. 350) • The Court if satisfied can try such person summarily and it may: • Take cognizance of the offence, • Give opportunity of showing cause, • Sentence with fine not exceeding Rs. 100/-; • Summary trial procedure to be followed in such cases.

  22. THANK YOU

More Related