CRPC SECTION 211
3 weeks ago
This is bring to kind notice that CRPC SECTION 211 DETAILS OF THE SECTION
A.Dear Client,
Your situation lacks sufficient detail to provide specific legal advice. Without a clear cause of action, it's challenging to suggest appropriate legal remedies. Please provide more information and specify the issue requiring legal assistance.
Your situation lacks sufficient detail to provide specific legal advice. Without a clear cause of action, it's challenging to suggest appropriate legal remedies. Please provide more information and specify the issue requiring legal assistance.
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A.Dear Sir,
It is not so technically followed by the Judges.
========================================================
Section 211 in The Code of Criminal Procedure, 1973
211. Contents of charge.
(1)
Every charge under this Code shall state the offence with which the accused is charged.
(2)
If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.
(3)
If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.
(4)
The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.
(5)
The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.
(6)
The charge shall be written in the language of the Court.
(7)
If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.
Illustrations
(a)
A is charged with the murder of B. This is equivalent to a statement that A's act fell within the definition of murder given in sections 299 and 300 of the Indian Penal Code (45 of 1860); that it did not fall within any of the general exceptions of the said Code; and that, if it did fall within any of the five exceptions to section 300, or that, if it did fall within Exception I, one or other of the three provisos to that exception applied to it.
(b)
A is charge under section 326 of the Indian Penal Code (45 of 1860), with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by section 335 of the said Code, and that the general exceptions did not apply to it.
(c)
A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property-mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false property-mark, without reference to the definition of those crimes contained in the Indian Penal Code (45 of 1860); but the sections under which the offence is punishable must, in each instance, be referred to in the charge.
(d)
A is charged under section 184 of the Indian Penal Code (45 of 1860) with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.
It is not so technically followed by the Judges.
========================================================
Section 211 in The Code of Criminal Procedure, 1973
211. Contents of charge.
(1)
Every charge under this Code shall state the offence with which the accused is charged.
(2)
If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.
(3)
If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.
(4)
The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.
(5)
The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.
(6)
The charge shall be written in the language of the Court.
(7)
If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.
Illustrations
(a)
A is charged with the murder of B. This is equivalent to a statement that A's act fell within the definition of murder given in sections 299 and 300 of the Indian Penal Code (45 of 1860); that it did not fall within any of the general exceptions of the said Code; and that, if it did fall within any of the five exceptions to section 300, or that, if it did fall within Exception I, one or other of the three provisos to that exception applied to it.
(b)
A is charge under section 326 of the Indian Penal Code (45 of 1860), with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by section 335 of the said Code, and that the general exceptions did not apply to it.
(c)
A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property-mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false property-mark, without reference to the definition of those crimes contained in the Indian Penal Code (45 of 1860); but the sections under which the offence is punishable must, in each instance, be referred to in the charge.
(d)
A is charged under section 184 of the Indian Penal Code (45 of 1860) with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.
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A.Dear Client,
Your query requires more details to address it suitably. You expressed your situation but not a cause of action that attracts a legal remedy. It is a virtual platform where in the absence of a specific cause of action suitable legal remedies cannot be suggested based on the half-hearted/incomplete information. So, please revert to us with more details and a cause of action that requires a legal remedy.
Your query requires more details to address it suitably. You expressed your situation but not a cause of action that attracts a legal remedy. It is a virtual platform where in the absence of a specific cause of action suitable legal remedies cannot be suggested based on the half-hearted/incomplete information. So, please revert to us with more details and a cause of action that requires a legal remedy.
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