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

CHAPTER XI – PREVENTIVE ACTION OF POLICE

Police to prevent cognizable offences: Section 149

• Every police officer may interpose
  • for preventing commission of a cognizable offence and
• Every police officer shall prevent
  • commission of any cognizable offence to the best of his ability

Arrest to prevent commission of cognizable offences: Section 151(1)

• A police officer
  • knowing of a design to commit any cognizable offence
• may arrest the person so designing
  • without orders from a Magistrate and without a warrant
• if it appears to such officer
  • that commission of the offence cannot be otherwise prevented

Section 151 (2)

• No person so arrested shall be detained in custody
  • for more than 24 hours from the time of his arrest
• unless his further detention is authorised
  • under other provisions of this Code

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Prevention of injury to public property

Section 152

• A police officer may interpose of his own authority
  • to prevent
    • any injury attempted to be committed in his view to any public property or
    • removal or injury of any public landmark or buoy or other mark used for navigation

Inspection of weights and measures

Section 153 (1)

• Officer in charge of a police station may enter without warrant
  • any place within limits of such station
• for
  • inspecting or searching for any weights or measures or instruments for weighing kept therein
• whenever he has reason to believe
  • that there are in such place any weights, measures or instruments for weighing which are false

Chanmuniya v. Virendra Kushwaha [SC 2010]

Questions referred to larger bench:

We, therefore, request the Hon’ble Chief Justice to refer the following, amongst other, questions to be decided by a larger Bench. According to us, the questions are:

1. Whether the living together of a man and woman as husband and wife for a considerable period of time would raise the presumption of a valid marriage between them and whether such a presumption would entitle the woman to maintenance under Section 125 Cr.P.C?
2. Whether strict proof of marriage is essential for a claim of maintenance under Section 125 Cr.P.C. having regard to the provisions of Domestic Violence Act, 2005?
3. Whether a marriage performed according to customary rites and ceremonies, without strictly fulfilling the requisites of Section 7(1) of the Hindu Marriage Act, 1955, or any other personal law would entitle the woman to maintenance under Section 125 Cr.P.C.?

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