What is Metropolitan Magistrate's judgment? What is Order for notifying address of previously convicted offender? Section 355 and 356 of Code of Criminal Procedure 1973

Metropolitan Magistrate's judgment Order for notifying address of previously convicted offender are defined under Section 355 and 356 of CRPC 1973. Provision under these sections are:

Section 355 of CRPC "Metropolitan Magistrate's judgment"

Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate shall record the following particulars, namely:-
(a) the serial number of the case;

(b) the date of the commission of the offence;

(c) the name of the complainant (if any);

(d) the name of the accused person, and his parentage and residence

 (e) the offence complained of or proved,

(f) the plea of the accused and his examination (if any);
(g) the final order;
(h) the date of such order;
(i) in all cases in which an appeal lies from the final order either under Section 373 or under sub-section (3) of Section 374, a brief statement of the reasons for the decision.

Section 356 of CRPC "Order for notifying address of previously convicted offender"

(1) When any person, having been convicted by a Court in India of an offence punishable under Section 215, Section 489A, Section 489B, Section 489C, or Section 489D of the Indian Penal Code (45 of 1860), or of any offence punishable under Chapter XII or Chapter XVII of that code, with imprisonment for a term of three years, or upwards, is again convicted of any offence punishable under any of those sections or chapters with imprisonment for a term of three years or upwards by any Court other than that of a Magistrate of the Second class, such Court may, if it thinks fit, at the time of passing a sentence of imprisonment on such person, also order that his residence and any change of, or absence from, such residence after release be notified as hereinafter provided for a term not exceeding five years from the date of the expiration of such sentence.

(2) The provisions of sub-section (1) with reference to the offences named therein, apply also to criminal conspiracies to commit such offences and to the abatement of such offences and attempts to commit them.

(3) If such conviction is set aside on appeal or otherwise, such order shall become void.

(4) An order under this section may also be made by Appellate Court or by the High Court or Court of Session when exercising its powers of revision.

(5) The State Government may, by notification, make rules to carry out the provisions of this section relating to the notification of residence or change of, or absence from, residence by released convicts.

(6) Such rules may provide for punishment for the breach thereof and any person charged with a breach of any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place last notified by him as his place of residence is situated.

THE JUDGMENT

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

What is Metropolitan Magistrate's judgment? What is Order for notifying address of previously convicted offender? Section 355 and 356 of Code of Criminal Procedure 1973

What is Order to pay compensation? Section 357 of Code of Criminal Procedure 1973

What is compensation to persons groundlessly arrested? What is order to pay costs in non-cognizable cases? Section 358 and 359 of Code of Criminal Procedure 1973

What is order to release on probation of good conduct or after admonition? Section 360 of Code of Criminal Procedure 1973

What is Special reasons to be recorded in certain cases? Court not to alter judgment, Copy of judgment to be given to the accused and other persons. Section 361, 362 and 363 of Code of Criminal Procedure 1973

Judgment when to be translated? Court of Session to send copy of finding and sentence to District Magistrate. Section 364 and 365 of Code of Criminal Procedure 1973

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

Sentence of death to be submitted by Court of Session for confirmation. What is Power to direct further inquiry to be made or additional evidence to be taken? Section 366 and 367 of Code of Criminal Procedure 1973

What is the Power of High Court to confirm sentence or annul conviction, What is Confirmation or new sentence to be signed by two Judges, What is Procedure in case of difference of opinion? What is Procedure in cases submitted to High Court for confirmation? Section 368, 369, 370 and 371 of Code of Criminal Procedure 1973

 

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