HOW TO PERPARE UP JUDICIARY EXAM

How to Prepare U.P. Judiciary Exam 2022

U.P. Judiciary Exam 2022: U.P. Judiciary notification 20222 has out and the discussion starts among the candidates about the prelims all talk about solving more and more MCQs, but according to my opinion. It is enough to read the Bare Act properly. That each stream must be read rectally it becomes necessary to read by connecting one section to another section.

According to Experts, you should make notes which prove to be a cure-all for you in the exam while preparing for the prelims; you should also include the notes along with the bare act with the section in the Bare Act. The explanations should be well understood two or four questions are also asked from the explanations (ILLUSTRATION) in the prelim these questions can also be asked indirectly or in any other form.

Along with this, it is also necessary to write and memorize the promises related to important section , it is often seen that questions related to important issues have been asked again and again. It is seen that some questions have been asked from recent issues.

If you get confident about the Preliminary exam. It boosts your confidence about the Mains exam as well. There are many books available for MCQs for Preliminary online or in the shop, keep solving MCQs along with the bare act, this will increase your confidence. It is also necessary to solve previous year’s papers with MCQs.

While reading the Bare Act, you should remember the concept of the section instead of memorizing the section. You can forget the number but if the concept is cleared then it will prove beneficial in both your mains and prelims  exam.

How to Prepare for General Knowledge and Case Law.

• GENERAL STUDIES

General Studies in Cracking U.P. Judiciary is also a big fact so it is advised to include the editorial page of The Hindu News Paper in your daily routine. The best way to prepare for general studies is to regularly prepare the notes of the editorial page and keep your preparation ready keep it up. GS part is also there in the mains exam in U.P. Judiciary. The best way to prepare for GK is to maintain consistency in making notes from newspapers regularly. It is very important to utilize the time properly at the exam time.

• CASE LAWS

Case law is important in both prelim and main exams, case law is given directly in five to seven questions in a prelim, whereas in the main exam you need to include at least 2 case laws while writing an answer to the question. Case Law Both recent major decisions and landmark cases are important Candidates will have to work smartly and prepare case law for each topic in advance For recent case law, you can see the Criminal Law Judgment from the website of Hami Law House Live Law will also prove to be very important for Case Law.

How to Write an Answer

While writing the answer, keep in mind the point asked in the question, answer only what is asked, which shows this uniqueness, is clear and accurate. Article of the Constitution can be added to the IPC or IPC to the Constitution while writing the answer to While writing the paper in the exam keep in mind the time it is important to write the answer to all the questions, it shows your discipline (Time management).

Main Topics for Prelims and Mains Exam

  •  U.P.  Latest laws amendment and state government gazette.
  • The Hijab Controversy (Explanation of Articles 25 to 30)
  • The issue of Anti-Corruption Branch (ACB)
  • The issue of transfer and posting of bureaucrats
  • Delhi air pollution
  • Covid-19 Parole
  • Detention Centre
  • Use of social media
  • Internet ban controversy
  • Provisions related to disputed statements in the law.
  • Kashmiri Pundit movement
  • Delhi L.G. appointment
  • Collegium system of Supreme Court appointment.
  • 6 months Supreme Court Of India Judgements
  • Election commission of India
  • President of India
  • Social reform of India

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ANALYSIS OF HUMAN RIGHTS DAY.

Detecting, the atrocities committed on mankind during World War II shook the souls of the leaders of many countries, soon after the end of World War II, in 1948, a group of 48 countries called for the entire human society.  Signed a charter explaining the fundamental rights of  The main objective of the charter is to protect the human society and the human rights of the individual should be protected at all costs.

This was agreed to by the Government of India and this Charter of the United Nations was signed.  It is the misfortune of India that it took 45 years to become an independent institution related to human rights in the country and then somewhere in 1993, NHRC i.e. National Human Rights Commission came into existence, which sends its recommendations from time to time to the Center and the States.

Violation of human rights is a common thing, the kind of atmosphere that is being seen in the country at this time, discussion on human rights and its dimensions becomes important.

When it comes to human rights violations, Delhi to Bihar, U.P. Bildozer, Tribals of Jharkhand, look at any of the controversial incidents of the state, you will see the violation of human rights;  It is not hidden from us. Though we come across many such issues when NHRC discharges its duties well in taking up the serious issue of human rights violations, still NHRC finds itself helpless in giving its recommendations on many other matters.  So should it be considered an ineffective institution?  So the question arises what are the reasons for this helplessness and is there any solution for this helplessness? Through this article, we will try to find answers to these questions.

What are human rights?

In one sentence, human rights are the natural or natural rights of every person.  It includes the right to life, liberty, equality, and dignity.  Apart from this, the right to live a dignified life and political, social, economic, and cultural rights are also included in this. It was also said in the Declaration on Human Rights adopted by the United Nations that the basic rights of human beings are inattentive of any caste te, religion, gender, community, language, society, etc.  As far as fundamental rights are concerned, these are the rights mentioned in the constitution of the country.  These rights are available to the citizens of the country and all the people living in the country under any circumstances. It is appropriate to clarify one more thing here some elements of fundamental rights also come under human rights such as the right to life and personal liberty.

National Human Rights Commission

India has provided a forum to deal with human rights violations by setting up a National Human Rights Commission and setting up State Human Rights Commissions under the Protection of Human Rights Act, of 1993.  

  1. In the context of the protection of human rights in India, the National Human Rights Commission is the apex body of the country as well as the ombudsman of human rights. The former Chief Justice of the Supreme Court is its chairman.  It is part of the Global Alliance of National Human Rights.  It is also a founding member of the Asia Pacific Forum of National Human Rights Institutions. 
  2. NHRC is empowered to protect and promote human rights. Section 12(h) of the Protection of Human Rights Act, 1993 also envisages that the NHRC shall spread human rights literacy among various sections of society and protect these rights through publications, media, seminars, and other available means. Raise awareness of available safeguards. 
  • This commission has sent its recommendations to the government from time to time to prot, at the human rights of common citizens, children, women, elderly, and people, rights people of the L, GBT community in the country, and the government has also made suitable amendments in the constitution by implementing many done foundations.

FUNCTION OF NHRC

  1. This includes receiving complaints and initiating investigations into human rights violations committed by public servants through negligence or lapses in order to prevent human rights violations.
  2. Studying the living conditions of prisoners, judicial custody and investigation into deaths in police custody are also included in the Commission’s mandate. Along with this, NHRC also studies international treaties related to human rights and other related conventions and documents and recommends their effective compliance.
  3. Research work in the field of human rights with the aim of promoting human rights in India also comes under the functions of NHRC.

Apart from this, this commission also performs many other functions like-

♦ To increase awareness related to human rights in different sections of the society.

♦ In case of any pending case, getting that case settled with the consent of the court.

♦ To hear complaints of human rights violations by public servants of any aggrieved person or any other person to his aid.

♦ To arrange for an inquiry into the living conditions of a person who is a prisoner in a mental hospital or any other institution.

♦ To review the provisions for protection of human rights in the context of the Constitution and other laws and make recommendations for effective implementation of such provisions.

♦ To investigate the limitation of human rights in the context of terrorism or other subversive acts.

♦ Promotion of non-governmental organizations and other such organizations, which are involved in the work of promoting and protecting human rights, etc.

 In this way, the National Human Rights Commission takes every possible initiative to protect human rights in India. Despite this, it is seen many times that according to which the human rights of a person should be protected, it is not done. So, should the Human Rights Commission be blamed for this or is there a fault in our system itself?

Situation of Human Rights in India

  • The human rights situation in India is somewhat complex as a result of the country’s sheer size and diversity, its reputation as a developing and sovereign, secular, democratic republic, and its history as a former colonial nation.
  • The Constitution of India provides fundamental rights, which also include freedom of religion. Taking advantage of these freedoms, communal riots happen every day.  This does not violate the fundamental rights of any one religion but hurts the human rights of all those who are victims of this incident and who have nothing to do with the incident, such as innocent children, poor men-women, old people, etc.
  • On the other hand, AFSPA laws were removed from some states of India because the incidents of misuse of special powers given to the armed forces through this law started coming to the fore. For example, to search someone’s house without a warrant; Arrest any suspicious person without a warrant; Harass a person if he breaks the law, or creates disturbance; news of misbehaving with women etc. was often in the newspapers.
  • So the question arises here that even after so many years of independence, human rights in India are facing the brunt of some kind of harassment every moment. In such a situation, it becomes necessary to know what are the challenges due to which NHRC is finding itself helpless in protecting human rights.

Current challenges

  • The Central Government and the State Governments are not bound to accept the recommendations of the Commission. Therefore, the biggest reason why human rights are not firmly effective is the lack of political will.  This is the reason why the provision of setting up a human rights court in every district remained only on paper.
  • On the other hand, the State Human Rights Commission cannot answer the Centre. This means that the armed forces are out of their purview.  Even the National Commission can merely seek a report from the Center on allegations of human rights abuses by the armed forces.  Whereas witnesses cannot be called, examined, or interrogated.  Along with this, the commission has the power to get compensation, but it does not have the right to investigate in the direction of arresting the accused.  In simple words, even today the Human Rights Commission has limited powers.
  • Under the Human Rights Protection Act, the commission cannot investigate complaints that have been lodged after one year of the incident. Therefore, many complaints remain without investigation.
  • Posts lying vacant, lack of resources, lack of public awareness towards human rights, excessive complaints received, and bureaucratic functioning within the commissions, etc.
  • All these reasons are well known but still, they were never taken seriously. Therefore, these commissions find themselves helpless in fulfilling their objectives.  In this situation, the Human Rights Commission has also come under the scanner. It can be compared to that useless son who will break free breads but cannot do anything.
  • People believe that if the Human Rights Commission is meant for the common man then the people living in remote areas of India where illiteracy and poverty are rampant; Why are you unaware of your fundamental rights? The members of the Human Rights Commission also become alert only when a major incident like rape, fake encounter, caste or communal violence, etc. has taken place in a particular area.  Under these circumstances, should the NHRC or the State Human Rights Commission be considered an ineffective institution?  Is the solution for this with the Supreme Court and these commissions?

Way forward

  • The Second Administrative Reforms Commission (ARC) in its report has made some recommendations to make the Human Rights Commission more effective. The Administrative Reforms Commission is of the view that NHRC should prepare a uniform format for making complaints before various statutory commissions.
  • For this, the details of the victims and the complainants should be given in such a way that the coordination of the data between the various commissions can be done properly.
  • The Human Rights Commission should set useful criteria for the redressed of complaints. Nodal officers should be appointed in the commission to determine and coordinate action on such issues and an internal system should be developed within each statutory commission to make the action more successful.
  • The Central and State Governments should also actively take steps to deal with serious crimes. Governments can also take the help of the Human Rights Commission for this.  The government also needs to adopt strict laws regarding mob lynching.  At the same time, the governments and the media need to leave their indifference to serious issues as well as common issues.
  • It should also be the duty of the concerned State Commissions, including the National Human Rights Commission itself, to show their presence on the serious issues of the country and help the government find solutions to those problems which do not come under their jurisdiction. Human rights will be protected in the country in a true sense only when all the institutions will cooperate in maintaining the unity-integrity of the country.  Only a noble initiative is needed.

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Collegium System

Recently, the Union Law Minister’s rhetoric has once again raised controversy over the collegium system. There is an allegation on the collegium system that arbitrariness and nepotism system apply in the appointment of judges. The Collegium system has been criticized. This article will be sufficient to answer the frequently asked questions related to the collegium system.

Let’s know the collegium system.
Articles 124(2) and 217 of the Indian Constitution deal with the appointment of judges to the Supreme Court and High Courts respectively.

Collegium System and its Evolution:

Introduction: It is a system of appointment and transfer of judges, which has evolved through decisions of the Supreme Court, not established by an Act of Parliament or a provision of the Constitution.

Evolution of the Collegium System:

First Judge Case (1981):  It laid down that the “precedence” of the suggestion of the Chief Justice of India (CJI) on judicial appointments and transfers can be overruled for “cogent reasons”. This decision has established the supremacy of the executive over the judiciary in judicial appointments for the next 12 years.

Second Judges Case (1993): The Supreme Court introduced the collegium system by clarifying that “consultation” actually means “consent”. In this case, the Supreme Court further stated that it would not be the individual opinion of the CJI, but an institutional opinion taken in consultation with the two senior-most judges of the Supreme Court.

Third Judge Case (1998): Following a Presidential Reference (Article 143) issued by the President, the Supreme Court expanded the collegium as a five-member body, which would include the CJI and his four senior-most colleagues.

Chief of Collegium System:

The Supreme Court Collegium is headed by the CJI and consists of the four other senior-most judges of the Supreme Court. The collegium of a High Court is headed by its Chief Justice and four other senior-most judges of that court. The judges of the higher judiciary are appointed only through the collegium system and the role of the government in this process is only after the names are decided by the collegium.

Procedure prescribed for various judicial appointments:

Chief Justice of India (CJI): The CJI and other judges of the Supreme Court are appointed by the President of India. With reference to the next CJI, the outgoing CJI recommends the name of his successor. However, since the trespassing controversy of the 1970s, practically the basis of seniority is followed.

Supreme Court Judge: The proposal for selection of names for other judges of the Supreme Court is initiated by the CJI. The CJI consults the rest of the members of the collegium as well as the senior-most judge of the High Court to which the person recommended for judgeship belongs. As per the prescribed procedure, the consultants are required to record their opinion in writing and the same should be made part of the file. The Collegium then sends its recommendation to the Union Law Minister, through whom it is forwarded to the Prime Minister for advice to the President.

Chief Justice of the High Court: The Chief Justice of the High Court is appointed on the basis that the person to be appointed as the Chief Justice shall not be from the concerned State but from some other State. Although the selection is decided by the collegium. High Court judges are recommended by a collegium consisting of the CJI and the two senior-most judges. However, the proposal for this is moved by the outgoing Chief Justice of the concerned High Court after consultation with his two senior most colleagues. This recommendation is sent to the Chief Minister, who in turn advises the Governor to forward the proposal to the Union Law Minister.

Main issues of Collegium System

Major issues related to collegium system Exclusion of the Executive: The complete exclusion of the executive from the judicial appointment process has created a system where some judges appoint other judges in complete secrecy. Also, they are not answerable to any administrative body due to which the wrong candidate may be selected ignoring the right candidate.

Chances of favoritism and nepotism: The collegium system does not provide any specific criteria for examining the candidate for the post of CJI, due to which it leads to wide possibility of favoritism and nepotism. This gives rise to non-transparency of the judicial system, which is extremely detrimental to the regulation of law and order in the country.

Against the principle of checks and balances: The principle of checks and balances is violated in this system. In India, all the three organs of the system-legislature, executive and judiciary work partly independently, but they also maintain balance along with controlling the excessive powers of any organ. The collegium system confers immense power on the judiciary, leaving little room for control and prone to abuse. ‘Closed-door mechanism’: Critics have pointed out that there is no official secretariat involved in the system. It is seen as a ‘closed door affair’, where no public information is available about the working and decision-making process of the collegium. Apart from this, no official minutes of the proceedings of the Collegium are also recorded.

Unequal representation: Another area of ​​concern is the composition of the higher judiciary, where representation of women is very low.

Efforts to Improve the Appointment System:

An attempt to replace it by the ‘National Judicial Appointments Commission’ (through the 99th Amendment Act, 2014) was rejected in 2015 on the grounds that it was a threat to the independence of the judiciary. way forward Filling up of vacancies involving the executive and the judiciary is a continuous and collaborative process and there can be no time limit for the same. However, it is time to think of a permanent, independent body that guarantees judicial primacy but not judicial exclusivity, to institutionalize the process with adequate safeguards to maintain the independence of the judiciary. It must ensure independence, reflect diversity, demonstrate professional competence and integrity.

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किन परिस्थितियों मे ‘ किसी व्यक्ति से परिशति कायम रखने तथा सदाचार के लिए प्रतिभूति की मांग की जा सकती है ? प्रक्रिया बताइये ?

New Delhi :- एडवोकेट हिमानी शर्मा ( दिल्ली )द्वारा भारतीय न्यायिक सेवा में अनेक बार पूछे गए प्रश्न का उत्तर लिखा गया है आप इससे बेहतर भी लिख सकते हैं यह आपके लिये रामबाण साबित होगा |

प्रश्न :-  किन परिस्थितियों मे ‘ किसी व्यक्ति से परिशति कायम रखने तथा सदाचार के लिए प्रतिभूति की मांग की जा सकती है ? प्रक्रिया बताइये ?

उत्तर :- दंड. प्रकिया संहिता अध्याय 8 , की धारा 106- 110 तक ऐसी परिस्थितियों का वर्णन किया गया है जिसमें किसी व्यक्ति से परिशत्ति कायम रखने तथा सदाचार के लिए प्रतिभूति की मांग की जा सकती है ,

 धारा 106  दोषसिद्धि पर परिशान्ति कायम रखने के लिए प्रतिभूति

(1)जब सेशन न्यायालय या प्रथम वर्ग मजिस्ट्रेट का न्यायालय किसी व्यक्ति को उपधारा ( 2 ) में विनिर्दिष्ट अपराध ( विधि विरुद्ध जमाव, बलावा करना, आपराधिक अभियात्र ) के लिए दोषसिद्ध ठहराता है , तो वह उसी समय दण्डादेश देते समय उस व्यक्ति से परिशत्ति कायम रखने के लिए , प्रतिभू सहित , रहित , बन्धपत्र निष्पादित करने का आदेश दे सकता है । यदि ऐसा किया जाना न्यायालय आवश्यक समझता है । ऐसा बंधपत्र तीन वर्ष की अनधिक की अवधि के लिये लिया जा सकता है,

उपधारा (3) के अनुसार यदि दोषसिद्धि अपील पर या अन्यथा अपास्त कर दी जाती है तो वह बंधपत्र शून्य हो जाएगा

(4) इस धारा के अधीने आदेश अपील न्यायालय या पुनरीक्षण न्यायालय द्वारा भी किया जा सकता है ।

मधु बनाम एस . .डी.एम मुंगेर A.I.R. 1971 SC के वाद में अवधारित किया गया कि धारा 106 के अधीन परिशांति कायम रखने के लिए बन्धपत्र निष्पादन की बाध्यता दण्डादेश देते समय ही किया जा सकता है ।

धारा 107 अन्य दशाओं में परिशान्ति कायम रखने के लिए प्रतिभूति

 ( 1 ) जब किसी कार्यपालक मजि ० को सूचना मिलती है कि सम्भाव्य है कि कोई व्यक्ति परिशन्ति भंग करेगा का लोक प्रशन्ति विक्षुब्ध करेगा था ऐसा सदोष कार्य करा तो वह ऐसे व्यक्ति से – 1 वर्ष से अनधिक की अवधि 13 लिए परिशन्ति कायम रखने के लिए प्रतिति की माँग कर सकता है ।

( २ ) इस धारा के अधीन कार्यपालक मजि ० के समक्ष कार्यवाही की जाएंगी जिसी स्थानीय अधिकारित में ऐसा स्थान / व्यक्ति हो – जहां परिशान्त भंग या विक्षुब्ध होने की सम्भावना है ।

NOTE धारा 109 के अन्तर्गत द्वारा लिए धारा दण्डनीय संज्ञेय अपराध कर रहा है तो सदाचार बनाए प्रतिभू सहित , रहित

सदाचार के लिए प्रतिभूति की मांग 

{108 – 110}

धारा 108 के अंतर्गत राजद्रोहात्मक बातों को फैलाने वाले व्यक्ति से कार्यपालक मजिस्ट्रेट द्वारा सदाचार बनाए रखने के लिए 1 वर्ष से अनधिक की अवधि के प्रतिभूति की मांग की जा सकती है ,

नोट :- 108 के अधीन ऐसे व्यक्ति से प्रतिभूति की मांग की जाएगी जो की धारा 124A 153A , 153B , 295A , 292 , के अधीन दण्डनिये अपराध करता है ,

संदिग्ध व्यक्तियों से सदाचार के लिए प्रतिभूति जब किसी कार्यपालक मजि. को यह सूचना मिलती है कि उसके स्थानीय क्षेत्राधिकार के अन्तर्गत कोई व्यकि संज्ञाये अपराध करने के आशय से अपनी उपस्थित छिपाने का प्रयास कर रहा है तो माजि ० ऐसे व्यक्ति को एक वर्ष से अनधिक अवधि के लिये सदाचार बनाये रखने को प्रतिभू सहित /रहित बन्धपत्र निष्पादित करने का आदेश दे सकता है

धारा 110 , आभ्यासिक अपराधियो से सदाचार के लिए प्रतिभूति 

110 कार्यपालक मजि ० सूचना मिलने पर अपनी स्थानीय अधिकारिता के अन्दर आभ्यासिक अपराधियों से सदाचार के लिए 3 वर्ष से अनधिक अवधि के लिए प्रतिभूओं सहित बन्धपत्र निष्पादित करने का आदेश दे सकता है ।

वह ऐसा आभ्यासिक अपराधी है जो – 

(1) अभ्यासत : लुटेरा , ग्रहभेदक , चोर , कूटरचयिता है

(2) चुराई हुई सम्पत्ति का अभ्यातः प्रायक है

(3)अभ्यासत : चोरो को पनाह ( संश्रय ) देता है

(4) व्यपहरण , अपहरण , उद्दापन , छल या शिष्ट से दण्डनीय देता है भा.द.स. अध्याय 12 में तथा 489A 489B 489C 489D से दण्डनिये अपराध दुष्प्रेण करती है .

(5) अभ्यास्त परिशंति भंग करने वाला है

( 6 ) निम्न अधि. के अंतर्गत कोई अपराध /उसका प्रयत्न / दुष्प्रेण अभ्यास्त करता है

 – अधिनियम व प्रशाधन सामग्री अधि. , विदेशी मुद्रा वि . अधि ० , कर्मचारी भवि . निधि अधि खाद अपमिश्रण निवारण अधि . , आवश्यक वस्तु अधि., अस्पृश्यता अपराध अधि., सीमा – शुल्क अधि., विदेशियो विषयक अधि., जमाखोरी , मुनाफाकोरी खद्य औषधि अपमिश्रण | भ्रष्टाचार निवारण विधि के अधीन दण्डनीय अपराध है 

(7) दुस्साहयिक , भयंकर है जिसकी प्रतिभूति लिए बिना रहना समाज के लिए हानिकारक है ।

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परिशंति_क़याम_रखने_के_लिये_प्रतिभूति
 

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How To Crack Prelims And Mains Exam OF Delhi Judiciary?

 New Delhi : How To Crack Prelims And Mains Exam 

Delhi Judiciary Exam 2022: As soon as the notification is received, the discussion starts among the candidates about the prelims all talk about solving more and more MCQs, but according to the experts. It is enough to read the Bare Act properly. that each stream must be read rectally it becomes necessary to read by connecting one section to another section.

According to Experts, you should make notes which prove to be a cure-all for you in the exam while preparing for the prelims, you should also include the notes along with the bare act With the section in the Bare Act. The explanations should be well understood two or four questions are also asked from the explanations (ILLUSTRATION ) in the prelim these questions can also be asked indirectly or in any other form.

Along with this, it is also necessary to write and memorize the promises related to important section , it is often seen that questions related to important issues have been asked again and again. It is seen that some questions have been asked from recent issues.

If you get confident about the Preliminary exam. It boosts your confidence about the Mains exam as well. There are many books available for MCQs for Preliminary online or in the shop, keep solving MCQs along with the bare act, this will increase your confidence. It is also necessary to solve previous year’s papers with MCQs.

While reading the Bare Act, you should remember the concept of the section instead of memorizing the section. You can forget the number but if the concept is cleared then it will prove beneficial in both your mains and prelims  exam.

How to prepare for general knowledge and case law.

  • GENERAL STUDIES 

General Studies in Cracking Delhi Judiciary is also a big fact so it is advised to include the editorial page of The Hindu News Paper in your daily routine. The best way to prepare for general studies is to regularly prepare the notes of the editorial page and keep your preparation ready keep it up. GS part is also there in the main exam in Delhi. The best way to prepare for GK is to maintain consistency in making notes from newspapers regularly. It is very important to utilize the time properly at the exam time.

  • CASE LAWS

Case law is important in both prelim and main exams, case law is given directly in five to seven questions in a prelim, whereas in the main exam you need to include at least 2 case laws while writing an answer to the question. Case Law Both recent major decisions and landmark cases are important Candidates will have to work smartly and prepare case law for each topic in advance For recent case law, you can see the Criminal Law Judgment from the website of Hami Law House Live Law will also prove to be very important for Case Law.

How to write an Answer

While writing the answer, keep in mind the point asked in the question, answer only what is asked, which shows this uniqueness, is clear and accurate. Article of the Constitution can be added to the IPC or IPC to the Constitution while writing the answer to While writing the paper in the exam keep in mind the time it is important to write the answer to all the questions, it shows your discipline (Time management).

Main Topics for Prelims and Mains Exam

  •  Dispute of powers of Delhi Government and Lieutenant Governor (Explanation of Article 239AA of the Constitution)
  • The Hijab Controversy (Explanation of Articles 25 to 30)
  • The issue of Anti-Corruption Branch (ACB)
  • The issue of transfer and posting of bureaucrats
  • Delhi air pollution
  • Covid-19 Parole
  • Detention Center
  • Use of social media
  • Internet ban controversy
  • Provisions related to disputed statements in the law.

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Analysis Section 307 Attempt to Murder : Click Here 

What does caveat mean in law? : Click Here 

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Analysis Section 307 Attempt to Murder.

New Delhi :- We will try to understand Section 300 of the Indian Penal Code defines murder and Section 302 prescribes punishment for murder which extends to the death penalty or imprisonment for life. Section 307 provides for the definition and punishment of an attempt to murder.

The Indian Penal Code not only makes the offense of murder punishable but also attempts to commit murder a punishable offense. In some circumstances, the person intends to kill someone but due to some circumstances, the murder does not happen.

Section 307 of the Indian Penal Code provides for attempts to murder

Section 307 provides for three types of punishment in the punishment of an attempt to murder.

1) If any person acts with such intention or knowledge as would cause death the person doing so shall be punished with imprisonment of either description for a term which may extend to ten years or with fine or with both.

(2) If any person is hurt, the accused shall be punishable with imprisonment for life or with imprisonment of either description for a term which may extend to 10 years and with a fine.

(3) If any person being guilty of imprisonment for life commits the offense mentioned in section 307 which causes hurt to any person the accused may be punished with capital punishment.

section 307

The conclusive question for the making of the offense in section 307 is the intention to cause death or the knowledge that the act of the accused will cause death whatever the consequence of the act of the accused, and the nature of the injury is irrelevant.

It is enough to have the intention and knowledge to kill. The nature of the act is a different aspect to be seen.

In the case of State of M.P Vs. Building & Ors. AIR 2008 SC it was held that the act committed under section 307 shall be deemed to have been successful if there is also an intention to carry out that act with some external force. Injury capable of causing death need not be caused. This section makes a distinction between an act and its result. The court has to determine whether the act was successful with intent and knowledge and under the circumstances regardless of the result of the act.

Provided that if the accused proceeds with a sharp-edged weapon to kill any person and he uses the sharp-edged weapon not with a sharp edge but from another part thereof such accused may be entitled to acquittal. Each case is based on facts. Where a person commits an attempt to murder under section 307 when he commits murder does any act in the direction of committing murder it is not necessary whether his act is final or not.

The intention or knowledge used in this section 307 shall have the same meaning as in section 300. The offense of section 307 determines the punishment commensurate with the gravity of the offense. Under the case of section 307, it is not necessary to do any work by the accused if such an act was being done which could have caused the death of a human being and was being done to kill then a case was made under section 307 and if the injury is caused by the act so done with intent to murder in such a situation also he may be convicted under section 307.

When the accused person fired a pistol at a person going by car his intention to cause death by firing the bullet is entirely possible if the bullet does not hit the lead and goes downwards then such person will be guilty of attempt to murder. If no injury is caused to the person going by car the accused shall be punished with imprisonment of either description for a term which may extend to 10 years and with a fine or with both.

If the person going by car is injured that is to say, the person is shot but does not die the accused may be punished with imprisonment for life or with imprisonment of either description for a term which may extend to 10 years, or with a fine or with both.

If any accused while out on parole is guilty of imprisonment for life attempts to murder any person such accused may be punished with capital punishment. In another case, the Supreme Court said that it would be unimportant whether the effort is final or not.

Om Prakash Vs State of Uttar Pradesh AIR 1961 SC. 1782 In this case the Supreme Court held that an attempt or attempt under section 307 is said to be when the accused has the intention to cause the death and the act is done by the accused in furtherance of that intention. The facts of this episode were that her husband was keeping a woman without food her mother was also with her in this work that woman somehow escapes from that house. She is admitted to the hospital after months of treatment. She can recover the court held both husband and mother-in-law guilty of the attempt to murder.

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;- What does caveat mean in law?

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What does caveat mean in law?

New Delhi :- Filing of Caveat has become common in the cases caveat has now become such a legal term that it is heard again and again in the conversation of common people and lawyers on daily basis, today we know about caveat, what is caveat And what kind of cases is it related.

The Caveat is defined in section 148 (a) of the Code of Civil Procedure e 1908. the caveat is to be filed only in civil cases.

What is the caveat 

If a caveat is understood in common given the possibility of a case already in the court, whether applying application that if a case against him comes to the court, the ex -parte judgment should not be pronounced without hearing him also. The principle of natural justice also says that if a party comes to the court, then the decision should not be given without hearing the other side.

The process of civil code cases is such, a plaintiff brings a case to the summons are issued to the defendant related to that case, the summons is sent for service at the residence of the defendant. But the respondent get . If the party does not appear on the given date, then the court gives ex-parte judgment to such party.

The caveat itself is a legal system to deal with the situation. It is the principle of natural justice in law that all parties should be heard equally. Equal evidence should be taken from all the parties,, after that, a decision of its own should be given.

caveat 148 a
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As per section 148(a) caveat of the Code of Civil Procedure, 1908, any party on the ground of presumption of being a party to a case may file a caveat before the court saying that if the matter relating thereto is brought to the court, he shall No decision of any kind should be given in the matter without hearing Such caveat is given on the apprehension of becoming a party to any future proceedings against him in any court. There is no trial of any kind in the court, but there is a possibility of a lawsuit.

The caveat is based on this possibility As there is a possibility that any person or institution may bring any kind of civil case against him before the court regarding any matter, then such person files a caveat against that person in the court. Such a caveat can be filed in any case whether there is a suit or an appeal, Usually, such caveat is filed on the grounds of the possibility of appeal.

How is caveat filed?

For filing caveat, a form is filled in the court, in this form the name of the person, the name of the court, the complete information of the person against whom caveat is being filed, as well as the information about the case in which the party is likely to be filed. All this information has to be entered in the form and all this information is filled in the form and filed to caveat.
The Court keeps the caveat on its record and whenever a matter relating to it is presented in that Court, the Court does not, in any case, proceed ex parte and informs the party filing the caveat Such a caveat, while being presented before the court, has to be given to the party who is likely to bring a suit. Such information is given through registered post and that postal slip is attached with the caveat.

By this, the party also becomes aware that if he is about to bring a matter to the court, then the information related to it has already been given to the notice of the court and it cannot be done ex parte. Caveat period Any caveat is valid within 90 days from the date of its filing.

Its validity period expires after 90 days and then it ceases to have any legal significance. If the court has to take cognizance again, then a new caveat has to be filed. This has been mentioned under sub-section 5 of Section 148(a) of the Code of Civil Procedure, where it has been clearly stated that any caveat is valid only for 90 days. It automatically expires after 90 days.

If after this the parties bring any matter before the court, then it can be done ex parte if the defendant does not appear. This period of 90 days has been given in the law because normally the cases related to caveat are invoked only in the case of appeal.

In the case of appeal, people also give caveats, because it is known that if a lower court has given any kind of decision against any party, then that party can bring an appeal against that decision to the higher court.

Normally the period of such appeal is only 90 days, hence the caveat was also restricted to 90 days. It is completely wrong that once a caveat is given, the court is always vigilant in its case. The Court is bound to remain vigilant only for 90 days.

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Hindu Sena President demanded the Supreme Court to arrest Owaisi and investigate the provocative statements made by Muslim leaders.

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Hijab Controversy Violation Of Fundamental Rights

  New Delhi :- There’s a controversy about the practice of religion going on in the society, In general incidents of such discrimination keep happening day by day, Article 25 to Article 30 of the Constitution of India are related to religious empowerment, these articles are related to the promotion and adoption of religion of the person gives complete freedom as well as we will see how Article 15(2) ,  Article 29(1) , Article 14 and Article 21 are related.

Article 25 of the Indian Constitution gives the right to practice and propagate every religion and gives the right to profess a religion or to declare his religious belief openly and also gives the right to adopt the practice of that religion. We are talking about the freedom of every woman. Hijab is a dress adopted by the woman of her freedom will which is associated with her freedom. In the Muslim community, women must wear hijab, but if a woman does not wear hijab, then it is her own decision. Our constitution is based on secularism, not based on religion.

Article 25 is based on religious freedom, a person is completely free to profess his religious belief and belief, the state should not interfere in the internal freedom of the person, it will be a violation of the system of our democracy. We believe this article states does not prevent the state from making laws. The state works for public welfare, the state should not do that the living conditions of the people living in the state are banned It would be immoral to do so It would be against the basic elements of the constitution.

            Ratilal Pan Chand Gandhi Vs State of Bombay 1954 , 
In the case of the Supreme Court said that therefore the freedom of doing, that is believing in one’s religion is not for the followers of every religion, this right is equally available to all religions.

Hijab is a part of the religion of the Muslim community. When Article 25 of the Constitution gives the right to practice to every religion and at the same time Article 14 also talks about equality before the law then there is no such thing as discrimination.

The Muslim community comes under the minority community, Article 29(1) says that citizens of any part of the country, all communities whether they are tribal or residents living in the city all have the right to maintain their language or culture will have the right.

 In the Muslim community, it is considered a rule of Sharia to veil veils, it is considered to walk the path of religion. The purdah (Hijab) is a part of the culture of the Muslim community. Living without any interference without any discrimination is the fundamental right of every person’s life, according to Article 21 of the Constitution.

A person has the right to live freely as well as to get an education. The Constitution 86th Amendment, 2002 inserted Article 21-A in the Constitution of India to give free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.

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fundamental rights

No person should be deprived of education, it is condemnable, discrimination is being done even in places like schools, the state should treat all citizens equally in all public places. It is immoral to deprive girl students of education and hijab recently, Article 15(2) of the constitution says that there will be no discrimination based on caste, community, religion.

On the one hand, we talk about morality, empowerment of women is important for us then the freedom of every woman should also be necessary be it a woman or a man of any religion or caste, the state should not object to her clothes or her living conditions. Secular is included in our constitution it does not talk about any religion, considers everyone equal. Everyone should keep respecting each other’s religions and brotherhood and unity and integrity of the country.

 

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Hindu Sena President demanded the Supreme Court to arrest Owaisi and investigate the provocative statements made by Muslim leaders.

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समन मामले के विचारण में जो प्रक्रिया मजिस्ट्रेट द्वारा अपनाई जानी चाहिए उसका संक्षिप्त विवरण दीजिए

समन मामले के विचारण में जो प्रक्रिया मजिस्ट्रेट द्वारा अपनाई जानी चाहिए उसका संक्षिप्त विवरण दीजिए

समन मामलों के विचारण में मजिस्ट्रेट द्वारा अपनाई जाने वाली प्रक्रिया दंड प्रक्रिया संहिता 1973 का अध्याय 20 मजिस्ट्रेट द्वारा समन मामलों के विचारण की प्रक्रिया के बारे में प्रावधान करता है जो की धारा 251 से 259 तक वर्णित है

धारा 251 अभियोग का सारांश जाना समन मामलों में जब अभियुक्त स्वम् मजिस्ट्रेट के सामने आता है या पुलिस अधिकारी द्वारा लाया जाता है तो मजिस्ट्रेट का कर्तव्य
उसे अपराध की विशेषता बताना जिसका उस पर आरोप लगाया गया है मजिस्ट्रेट उसे यह पूछेगा कि क्या वे अपने आप को दोषी होना स्वीकार करता है
या बचाव करना चाहता है

धारा 252 दोषी होने के अभिभावक पर दोष सिद्धि इस धारा के अनुसार यदि अभियुक्त दोषी होना स्वीकार करता है तब मजिस्ट्रेट उसके कथन को रिपोर्ट रिकॉर्ड करेगा अभियुक्त के ही शब्दों में
और अपनी विवेकशक्ति का प्रयोग करके उसे दोष सिद्ध कर सकेगा

धारा 253 छोटे तुच्छ मामलों में अभियुक्त की अनुपस्थिति में दोषी होने के अभिभावक पर दोषसिद्धि

जहाँ कोई समन अंडर सेक्शन 206 के तहत जारी किया जाता है और अभियुक्त स्वीकार भी कर रहा है कि हां मैं दोषी हूं मगर वे मजिस्ट्रेट के सामने नहीं आना चाहता है

तो अभियुक्त या तो स्वयं या अपने अधिवक्ता द्वारा

मजिस्ट्रेट को पत्र लिखेगा अपने दोषी होने के कथन का और
समन के साथ जुर्माना भी देगा जो भी निर्धारित हो डांक द्वारा

मजिस्ट्रेट अपनी विवेक शक्ति का का प्रयोग करके उसके दोषी होने के कथन और उसकी अनुपस्थिति में ही उसे दोष सिद्ध कर सकेगा

समन में वर्णित जुर्माना देने के लिए दण्डा देश देगा आदेश देगा और अभियुक्त के द्वारा भेजी गई रकम जुर्माने में जोड़ दी जाएगी

धारा 254 प्रक्रिया एवं दोषसिद्व न किया जाये

1) यदि मजिस्ट्रेट अभियुक्तों को धारा 252 याद धारा 253 के अधीन दोषी सिद्ध नहीं करता है तो वह अभियोजन को सुनने के लिए और सब ऐसा साक्ष्य जो वे अपनी प्रतिरक्षा में पेश करे लेने के अग्रसर होगा

2) यदि मजिस्ट्रेट अभियोजन अभियुक्त के आवेदन पर ठीक समझता है तो वह किसी साक्षी को हाजिर होने या कोई दस्तावेज या अन्य की पेश करने का निदेश देने वाला समन जारी कर सकता है

3) मजिस्ट्रेट ऐसा आवेदन पर किसी साक्षी को समन करने के पूर्व यह उपेक्षा कर सकता है कि विचारण के प्रयोजन के लिए हाजिर होने में लिए किए जाने वाले उसके उचित व्यय न्यायालय में जमा कर दिये जाएं

अंडर सेक्शन 253 दोस्ती किया जाए तो आगे की कार्यवाही मजिस्ट्रेट दोनों को सुनवाई का अवसर देगा दोनों पक्षों द्वारा पेश किया जाएगा अभियुक्त अभियुक्त के आवेदन पर किसी गवाह को उपस्थित होने कोई दस्तावेज पेश होने के लिए बुलाया जाएगा जारी करने से पहले पक्षकार को गवाह को उपस्थिति करने में जो भी खर्चा होगा उसे जमा करने का आदेश दे सकेगा

धारा 255 दोषमुक्ति या दोषसिद्धि
1) यदि धारा 254 के तहत सभी तरह का साक्ष्य लेने पर मजिस्ट्रेट को यह लगता है कि दोषी नहीं है तो उसे दोषमुक्ति का आदेश दे सकेगा

2) यदि मजिस्ट्रेट को लगे कि वे दोषी है और धारा 325, 300 के तहत कोई कार्यवाही नहीं की गई है तो विधि अनुसार दण्डदेश दे सकेगा

3) मजिस्ट्रेट को धारा 252 व 255 के तहत कर सकता है यदि ऐसा दण्डादेश है जो पास होना चाहिए तो कर सकेगा,

ऐसा अपराध के लिए
– जो खुद स्वीकार कर लिया गया है
– सबूत द्वारा पेश किया गया है

चाहे परिवाद समन सा प्रतीत ही क्यों ना हो

धारा 256 परिवादी का हाजिर ना होना या उसकी मृत्यु

जब परिवादी नियत तिथि पर उपस्थित नहीं हो तब मजिस्ट्रेट द्वारा आगे की कार्यवाही

1) सुनवाई को आगे के लिये स्थागित सकेगा
अभियुक्त के दोष मुक्त या घोषित सकेगा

लेकिन जहां परिवादी का प्रतिनिधित्व अधिवक्ता या अभियोजन अधिकारी द्वारा संचालन किया जा रहा है या
मजिस्ट्रेट को लगता है कि परिवादी की उपस्थिति आवश्यक नहीं है तो वहां मजिस्ट्रेट उसे हाजरी से मुक्ति भी दे सकता है और मामले में आगे की कार्यवाही कर सकता है

धारा 257 परिवाद को वापस लेना

परिवादी किसी मामले में अंतिम आदेश से पहले परिवाद को वापस ले सकेगा

जब मजिस्ट्रेट को संतुष्ट कर दे कि पर्याप्त आधार है
तो अभियुक्त को दोषमुक्त किया जाएगा जिसके विरुद्ध परिवाद किया गया था

नोट अंडर सेक्शन 257 केवल समन मामलों पर ही लागू होता है

धारा 258 कुछ मामलों में कार्यवाही रोकने की शक्ति :-

परिवाद से अलग संक्षिप्त किसी संबंध मामले में कोई न्यायिक जुडिशल मजिस्ट्रेट
1)प्रथम श्रेणी मजिस्ट्रेट
2)मुख्य न्यायिक मजिस्ट्रेट की पूर्व अनुमति से

ऐसे कारणों से जो अभी लिखित होंगे

1) दोषसिद्ध दोषमुक्ति का नियुक्त सुनाएं बिना कार्यवाही को किसी भी पप्रक्रम पर रोक लगा सकेगा

2) दो साथियों के साथ को रिकॉर्ड करने के बाद कार्यवाही रोकी जाती है तो दोषमुक्ति का निर्णय सुना सकेगा

किसी अन्य अभियुक्तों को डिस्चार्ज या उचित कर दिया जाना

धारा 259 समन मामलों को वारंट मामलों में बदलने की शक्ति
शर्ते :-
1) वह समन मामला हो
2) 6 माह से अधिक अवधि के करावास का प्रवधान हो
3) न्याय हित में होना जरूरी हो

अगर यह शर्ते पूरी होती है तो मजिस्ट्रेट किसी समन मामले को वारंट मामले में बदल सकता है

नोट : इस धारा के अधीन किसी समन मामले को वारंट मामले में तब्दील किया जाता है तो उस मामले की सुनवाई फिर से शुरुआती सिरे से की जानी आवशयक है

समन मामला और वारंट मामले में अंतर बताइये

समन मामला धारा 2(ब )

1) समन मामले में 2 वर्ष तक के कारावास का दंड दिया जा सकता है जबकि

वारंट मामले में मृत्यु,आजीवन कारावास व 2 वर्ष से अधिक कारावास का दंड दिया जा सकता है

2) अभियुक्त को दोषीसिद्ध या दोषमुक्त करने के लिए संक्षिप्त प्रक्रिया अपनाई जा सकती है जबकि

संक्षिप्त प्रक्रिया नहीं अपनाई जाती है

3) समन मामले का प्रारंभ अभियुक्त को कथन को लिपिबद्ध किए जाने पर होता है और कथन के इनकार कर देने पर अभियोजन पक्ष का साक्ष्य दिया जाता है जबकि

वारंट मामले का प्रारंभ अभियुक्त के आशय से होता है इसके बाद अभियुक्त के कथन को लिपिबद्ध किया जाता है

4) परिवादी न्यायालय की अनुमति से परिवाद वापस ले सकता है जबकि

परिवार वापस लेने की अनुमति नहीं दी जाती है

5) समन मामलों में अभियुक्त को दोषीसिद्ध या दोषमुक्त किया जा सकता है जबकि

वारंट मामलों में दोषीसिद्ध या दोष मुक्ति के अलावा उनमोचन का भी आदेश दिया जा सकता है

6) समन मामला एक बार समाप्त हो जाने पर पुनर्जीवित नहीं किया जा सकता है जबकि

वारंट मामले में अभियुक्त को उचित किए जाने पर मामले को पुनर्जीवित किया जा सकता है251

Give a brief description of the procedure to be followed by the Magistrate in the trial of a summons case.

Give a brief description of the procedure to be followed by the Magistrate in the trial of a summons case.

 

Procedure to be followed by Magistrates in the trial of summons Cases Chapter 20 of the Code of Criminal Procedure, 1973 provides for the procedure for the trial of summons cases by Magistrates as described in sections 251 to 259.

Section Summary of Prosecution to tell him the characteristics of the offense of which he is charged the magistrate shall ask him whether he pleads guilty
or wants to defend.

Section 252 Conviction on the guardian of guilty According to this section, if the accused confesses to being guilty, the magistrate shall record his statement in the words of the accused.
and use his discretionary power to prove him guilty

Section 253 Conviction on the guardian of being guilty in the absence of the accused in petty matters

Where a summons is issued under section 206 and the accused is also admitting that yes I am guilty but he does not want to appear before the magistrate

the accused either himself or by his advocate

Writes a letter to the magistrate stating that he is guilty and
shall also pay fine along with the summons, as may be prescribed by post.

The magistrate may exercise his discretionary power on the statement of his being guilty and in his absence, prove him guilty.

shall pass an order to pay the fine mentioned in the summons and the amount remitted by the accused shall be added to the fine.

Section 254 procedure and not to be convicted

1) If the Magistrate does not prove the accused guilty under section 252 or section 253, he shall proceed to hear the prosecution and to take all such evidence as he may produce in his defense.

(2) The Magistrate may if he thinks fit on the application of the prosecution accused, issue a summons directing the attendance of any witness or the production of any document or other

(3) The Magistrate may, before summoning any witness on such application, neglect that his reasonable expenses to be incurred in appearing for the trial may be deposited in the Court.

Under section 253 if friendship be made, further proceedings Magistrate shall give an opportunity of being heard to both the parties shall be produced by both the parties Appearance of any witness on the application of the accused shall be called for the appearance of any document before issuing the attendance of the witness to the party may order the deposit of any cost incurred in doing

Section 255 acquittal or conviction
1) If on taking all the evidence under section 254, the Magistrate finds that he is not guilty, he may order an acquittal.

2) If the Magistrate finds that he is guilty and no action has been taken under sections 325, 300, he may pass a sentence according to law.

3) to a Magistrate under sections 252 and 255, if there is a sentence which ought to be passed,

for such an offense
– that which has been accepted
– is presented by the evidence

Even if the complaint appears like a summons

Section 256 Non-appearance or death of the complainant

Further proceedings by the Magistrate when the complainant does not appear on the appointed date

1) adjourn the hearing
may be acquitted or declared guilty of the accused

but where the representation of the complainant is being conducted by an advocate or prosecuting officer or
If the Magistrate feels that the presence of the complainant is not necessary, then the Magistrate can also discharge him from attendance and proceed further in the matter.

Section 257 Taking back complaint 

The complainant may withdraw the complaint before the final order in any case

When satisfied the magistrate that there is sufficient ground
then the accused shall be acquitted against whom the complaint was made

Note :under section 257 is applicable only in summons cases

Section 258 Power to stop proceedings in certain cases:-

A Judicial Judicial Magistrate in a brief connection other than a complaint
1) Magistrate of the First Class
2) With the prior permission of the Chief Judicial Magistrate For reasons that will now be written

1) The appointee may stay the proceeding at any stage without pronouncing the acquittal

2) If the proceeding is stopped after recording the accompanying two companions, then pronounce the judgment of acquittal

Discharge or justification of any other accused

Section 259 Power to convert summon cases into warrant cases
Conditions:-
1) be that summons case
2) There is a provision of imprisonment for more than 6 months
3) Must be in the interest of justice

If these conditions are satisfied, the magistrate can convert a summons case into a warrant case.

Note: If a summons case is converted into a warrant case under this section, the matter shall be re-tried from the beginning.

Difference between Summons case and Warrant case

 Summons case 

Warrant case

Summons Case Section 2(b)

1) In a summons case, the punishment of imprisonment for a term which may extend to two years .

2) A summary procedure may be adopted for the conviction or acquittal of the accused . 

3) The summons case begins when the statement is recorded to the accused and the prosecution’s evidence is given on the refusal of the statement . 

4) The complainant can withdraw the complaint with the permission of the court.

5) In summons cases the accused may be convicted or acquitted.

6) Summons case once concluded cannot be revived.

In warrant cases, the punishment is death, imprisonment for life, and imprisonment for more than two years.

 

The abbreviation process is not followed

The warrant case begins with the intention of the accused, after which the statement of the accused is recorded.

 

complaint is not allowed to take back

 

In warrant cases, in addition to conviction or acquittal, an order of acquittal can also be made.

The case can be revived if the accused is justified in a warrant case.