What is Saying of inherent powers of High Court? What is Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates? What is Repeal and savings? Section 482, 483 and 484 of Code of Criminal Procedure 1973

Saying of inherent powers of High Court, Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates and Repeal and savings are defined under Section 482, 483 and 484 of CRPC 1973. Provisions under these sections are:

Section 482 of CRPC "Saying of inherent powers of High Court"

Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

Section 483 of CRPC "Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates"

 Every High Court shall so exercise its superintendence over the Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates.

Section 484 of CRPC "Repeal and savings"

(1) The Code of Criminal Procedure, 1898 (5 of 1898), is hereby repealed.

(2) Notwithstanding such repeal-

(a) if, immediately before the date on which this Code comes into force, there is any appeal, application trial, inquiry or investigation pending then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), as in force immediately before such commencement (hereinafter referred to as the old Code), as if this Code had not come into force: Provided that every inquiry under Chapter XVIII of the old Code, which is pending at the commencement of this Code, shall be dealt with and disposed of in accordance with the provisions of this Code;

(b) all notifications published, proclamations issued, powers conferred, forms prescribed, local jurisdictions defined, sentences passed and order rules and appointments, not being appointments as Special Magistrates, made under the old Code are which are in force immediately before the commencement of this Code, shall be deemed respectively, to have been published, issued, conferred, prescribed, defined, passed or made under the corresponding provisions of the Code;

(c) any sanction accorded or consent given under the old Code in pursuance of which no proceeds was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Code and proceedings may be commenced under this Code in pursuance of such sanction of consent;

(d) the provisions of the old Code shall continue to apply in relation to every prosecution against a Ruler within the meaning of Article 363 of the Constitution.

(3) Where the period prescribed for an application or other proceeding under the Old Code had expired on or before the commencement of this Code, nothing in this Code shall be construed as enabling any such application to be made or proceeding to be commenced under this Code by reason only of the fact that a longer period therefore is prescribed by this Code or provisions are made in this Code for the extension of time.

STATE AMENDMENT

Uttar Pradesh :- (1) In sub-section (2), after clause (d), the following clause shall he inserted.

"(e) the provisions of the United Provinces Borstal Act, 1938 (U.P. Act 7 of (1938), the United Provinces First Offenders Probation Act 1938 (U.P. Act 6 of 1938) and the Uttar Pradesh Children Act, 1951, (U.P. Act 1 of 1951) shall continue in force in the State of Uttar Pradesh until altered or repealed or amended by the competent Legislature or other competent authority, and accordingly, the provisions of Section 360 of this Code shall not apply to that State, and the provisions of Section 361 shall apply with the substitution of references to the Central Acts named therein by references to the corresponding Acts in force in that State." U.P. Act 16 of 1976, w.e.f. 1-5-1976.

(2) In sub-section (2), clause (a), the following second proviso shall be inserted:-

"Provided further that the provisions of Section 326 of this Code as amended by the Code of Criminal Procedure (U.P. Amendment Act) Act, 1976 shall also apply to every trial pending in a Court of Sessions at the commencement of this Code and also pending at the commencement of the Code of Criminal Procedure (U.P. Amendment) Act, 1983." U.P. Act 1 of 1984, w.e.f. 1-5-1984.

or offence, although he is not charged with it.

(3) When a person is charged with an offence, he may, be convicted of an attempt to commit such offence although the attempt is not separately charged.

(4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.

MISCELLANEOUS

What is Trials before High Courts? What is Delivery to commanding officers of persons liable to be tried by Court-martial? Section 474 and 475 of Code of Criminal Procedure 1973

What is Forms? What are the Power of High Court to make rules? What is Power to alter functions allocated to Executive Magistrate in certain cases? Section 476, 477 and 478 of Code of Criminal Procedure 1973

What is the procedure for case in which Judge or Magistrate is personally interested? Practicing pleader not to sit as Magistrate in certain Courts? Public servant concerned in sale not purchase or bid for property? Section 479, 480 and 481 of Code of Criminal Procedure 1973

What is Saying of inherent powers of High Court? What is Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates? What is Repeal and savings? Section 482, 483 and 484 of Code of Criminal Procedure 1973

 

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