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Showing posts with the label Cognizance

Whether Magistrate can take Cognizance of False Evidence on the basis of Private Complaint [CASE LAW]

The Indian Penal Code, 1860 - Section 193 - Giving and fabricating false evidence - the Magistrate could / should not have taken cognizance of the offence punishable under Section 193 I.P.C on the basis of the private complaint.

How the Court after Receipt of Police Report in terms of Section 173 CrPC is to React [CASE LAW]

Criminal Procedure Code, 1973 - S. 173 - I rrespective of finding recorded by the Investigating Officer submitted before the court in accordance with Section 173 of the CrPC, the cognizance taking magistrate not at all is under compulsion to accept the same rather, the magistrate has got an option available (a) to accept the same, (b) to differ therefrom, (c) to direct further investigation.