Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

CODE OF CRIMINAL PROCEDURE EXPLAINED

The Code of Criminal Procedure forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

CODE OF CRIMINAL PROCEDURE

Section 144A

• The District Magistrate may prohibit
  • the carrying of arms in any procession or
  • the organising of any mass drill or mass training with arms in any public place
• whenever he considers it necessary so to do
  • for preservation of public peace or public safety or
  • for maintenance of public order
• A public notice or order under this section may be directed
  • to a particular person or
  • to persons belonging to any community, party or organisation
• No such public notice or order
  • shall remain in force for more than three months

Where dispute is likely to cause breach of peace

Section 145(1)

• Whenever an Executive Magistrate is satisfied
  • from a report of a police officer or upon other information
• that a dispute likely to cause a breach of peace exists
  • concerning any land or water or boundaries thereof
• he shall make an order
  • requiring the parties in such dispute to attend his Court on a specified date and time and
  • to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute

Section 145 (4)

• The Magistrate shall then
  • without reference to merits or claims of the parties to a right to possess the subject of dispute
• peruse the statements so put in, hear the parties, receive evidence produced by them and
• decide if possible
  • which party was in possession of the subject of dispute on the date of order made by him under sub-sec (1)

Proviso

• If it appears to the Magistrate
  • that any party has been forcibly and wrongfully dispossessed
• within two months next before the date on which report of a police officer or other information was received by the Magistrate or
• after that date and before the date of his order under sub-sec (1)
• he may treat the party so dispossessed
  • as if that party had been in possession on the date of his order under sub-section (1)

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Section 145 (6)

• If the Magistrate decides
  • that one of the parties was in possession or should under proviso to sub-section (4) be treated as being in possession
• he shall issue an order
  • declaring such party to be entitled to possession thereof until evicted therefrom in due course of law and
  • forbidding all disturbance of such possession until such eviction
• When he proceeds under proviso to sub-section (4)
  • he may restore to possession the party forcibly and wrongfully dispossessed

Power to attach and to appoint receiver

Section 146

• If the Magistrate at any time after making an order u/s 145 (1)
  • considers the case to be one of emergency or
• if he decides
  • that none of the parties was then in such possession or
• if he is unable to satisfy himself
  • as to which of them was then in possession
• he may attach the subject of dispute
• until a competent Court has determined
  • the rights of the parties thereto with regard to the person entitled to possession thereof

Dispute concerning right of use of land or water

Section 147

• Whenever an Executive Magistrate is satisfied
  • from the report of a police officer or upon other information
  • that a dispute likely to cause a breach of peace exists regarding any alleged right of user of any land or water
• he shall make an order
  • requiring the parties to attend his Court in person or by pleader and
  • to put in written statements of their respective claims

Section 147 (2)

• Magistrate shall then
  • peruse the statements so put in, hear the parties, receive evidence produced by them and
  • if possible, decide whether such right exists

Section 147 (3)

• If it appears to such Magistrate that such rights exist:
• he may make an order
  • prohibiting any interference with the exercise of such right
  • including an order for removal of any obstruction in exercise of any such right

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