What is the Procedure of Magistrate taking cognizance? What is Summary procedure for trial for giving false evidence? Section 343 and 344 of Code of Criminal Procedure 1973

Procedure of Magistrate taking cognizance and Summary procedure for trial for giving false evidenced are defined under Section 343 and 344 of CRPC 1973. Provision under these sections are:

Section 343 of CRPC "Procedure of Magistrate taking cognizance"

  (1) A Magistrate to whom a complaint is made under Section 340 or Section 341 shall, notwithstanding anything contained in Chapter XV, proceed, as far as may be, to deal with the case as if it were instituted on a police report.

(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.

Section 344 of CRPC "Summary procedure for trial for giving false evidenced"

(1) If, at the time of delivery of any judgment of final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or willfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred rupees, or with both.

(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.

(3) Nothing in this section shall affect the power of the Court to make a complaint under Section 340 for the offence, where it does not choose to proceed under this section.

(4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session or Magistrate of the first class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision.

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

What is the Procedure in case of accused being lunatic? What is the Procedure in case of person of unsound mind tried before Court? Release of lunatic pending investigation or trial Section 328, 329 and 330 of Code of Criminal Procedure 1973

What is Resumption of inquiry or trial? What is Procedure on accused appearing before Magistrate or Court? When accused appears to have been of sound mind? Section 331, 332 and 333 of Code of Criminal Procedure 1973

What is Judgment of acquittal on ground of unsoundness of mind? What is the meaning of Person acquitted on such ground to be detained in safe custody? What is Power of State Government to empower officer-in-charge to discharge? Section 334, 335 and 336 of Code of Criminal Procedure 1973

What is Procedure where lunatic prisoner is reported capable of making his defence? What is the Procedure where lunatic detained is declared fit to be released? Delivery of lunatic to care of relative or friend. Section 337, 338 and 339 of Code of Criminal Procedure 1973

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

What is the Procedure in cases mentioned in Section 195? Appeal What is the Power to order costs?. Section 340, 341 and 342 of Code of Criminal Procedure 1973

What is the Procedure of Magistrate taking cognizance? What is Summary procedure for trial for giving false evidence? Section 343 and 344 of Code of Criminal Procedure 1973

What is the Procedure in certain cases of contempt? What is the Procedure where Court considers that case should not be dealt with under Section 345? Section 345 and 346 of Code of Criminal Procedure 1973

When Registrar or Sub-Registrar to be deemed a Civil Court? What is discharge of offender on submission apology? What is imprisonment or committal of person refusing to answer or produce document? Section 347, 348 and 349 of Code of Criminal Procedure 1973

What is summary procedure for punishment for non-attendance by a witness in obedience to summons? What is appeals from convictions under Sections 344, 345, 349 and 350? What is the meaning of certain Judges and Magistrates not to try certain offences when committed before themselves? Section 350, 351 and 352 of Code of Criminal Procedure 1973

What is Judgment? What should be Language and contents of judgment? Section 353 and 354 of Code of Criminal Procedure 1973

 

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