Can a person be released if found guilty ?

                        Yes, a person can be released only after a warning if he is found guilty of an offence. The Probation of Offenders Act provides the power to a court to release such convicted persons. This act came into force in the year 1958. It is applicable in a state only after a state government makes notification in this regard.

When a convicted person can be released ?

                        1)    When any person is found guilty of having committed an offence which is :

• u/s 379 or 380 or 381 or 404 or 420 of the Indian Penal Code or
• punishable with imprisonment not more than 2 years or fine or both
• has no previous convictions

                   The court instead of sentencing him can release him after due admonition (warning).

                       2)   When any person is found guilty of an offence in which punishment is not death or imprisonment for life, the court after considering the nature of offence and the character of the offender can release him. The court will release him only when :

• guilty person enters into a bond with or without sureties.

• remaining imprisonment is not more than three years.

                        The court can consider the report of probation officer at the time of his release.The court can pass supervision order under which the person will remain under the supervision of probation officer named for at least one year. The court can order the offender to pay compensation and costs to the victim of the case (section 3, 4, 5).

When age of offender is less than 21 years ?

                        When any person under the age 21 years is found guilty of an offence punishable with imprisonment but not for life, the court will have to explain the reasons for sentencing him with imprisonment that he does not fulfils the conditions explained above.

Probation Officer and his duties :

                       The person appointed by the state government or in exceptional cases, court thinks a person fit to act is called probation officer.
                       A court or District Magistrate of the district  may appoint a person as probation officer from the place where the offender resides.
                       Every probation officer so deputed will be deemed to be a public servant/government employee.
                       The following are the duties of the probation officer :

• inquire into the circumstances or home surroundings of the offender and submit report to the court.
• supervise person under probation.
• advise and assist offender in the payment of compensation or cost offered by court.
• perform other duties as prescribed.       

Dowry and provisions of law in India

                    Our previous post 'NRI's and Related Offences (Part 1)' dated 15 June, 2013 in which different sections of Indian Penal Code as 498A, 306, 304B in connection with the harassment to the married women were discussed. This harassment may be in the form of demand for Dowry. The Government of India has made a special act to deal with such cases of Dowry. This act is known as Dowry Prohibition Act which came into force in the year 1961.

                 The government of India has made some special provisions in law i.e. Indian Evidence Act for the protection of women in India.

What is the difference between Dowry and Presents/Gifts ?

  Dowry :   Dowry means any property or valuable security  given or agreed to be given directly or indirectly :

• by one party to the other party to a marriage.
• by parent or any other party to a marriage

at or before or after the marriage in connection with marriage of said parties.

It does not include dower or mahr in the case of persons to whom Muslim Personal Law applies.

Presents/Gifts :  Gifts or presents are given at the time of a marriage to the bride or bridegroom without any demand.

                    Condition is that such gifts/presents are entered in a list maintained as per rules framed under this act.

               Presents/gifts should be of customary nature and their value should not exceed the financial status of the person by whom or on whose behalf such gifts are given.

How list of gifts/presents is maintained ?

                     As per rules framed under this act, the list of gifts given to the bride is maintained by bride and the list of gifts given to the bridegroom is maintained by the bridegroom.

                     Every list of gifts/presents :

• shall be prepared at the time of marriage or immediately after the marriage.
• shall be in writing.
• shall contain description/value of each present, name and description of the person giving present.
• shall be singed by both bride and bridegroom.

The bride or bridegroom may obtain either or both the lists.

Other important points :

                So let us take  a quick review of the some other important points of this act :

• Offences under this act are cognizable, non bailable and non compoundable.

• Burden of proof lies on accused.

• State government may appoint Dowry probation officers under this act. 

• If any persons gives or takes or abets the giving or taking Dowry, punishment under this act is not less than five years with fine not less than Rs 15000.

• If any persons demands Dowry minimum 6 months to 2 years.

• Offer of money or property through advertisement for marriage is also punishable.
  

• If Dowry is given for the benefit of wife or her heirs is received by any person other than the married woman, it will be transferred to the married woman with in three months. If such woman dies within seven years of her marriage, not due to natural causes such property shall:

  • If she has no children, be transferred to her parents.

  • If she has children,be transferred to the children.  

 

 

 

 

   

    

Compensation in Criminal Cases

                         The Hon'ble Supreme Court has held that courts must not convict and punish the guilty but should also award compensation to the victims of the case. The law is very clear regarding compensation to the such victims. Procedure for compensation to the victims of the has been given in the sections 357, 357A, 358, 359 of the Criminal Procedure Code (CrPC).

How the order is made to pay compensation to the victim ?

                                  When a court imposes a sentence of fine, the court may order in his judgement that the whole or part of the fine recovered to the victim or the person entitled to recover damages from the convicted person for the loss resulted due to offence (section 357 CrPC).

                     Payment for  compensation is made only after the period for appeal in the case has elapsed.

                     If the amount of fine  is not mentioned in the sentence, the court may order in his judgement to pay specified compensation to the victim.

                   In case of a non-cognizable case, if the accused is convicted, Magistrate may order to pay compensation in following manner to the complainant :

                   penalty imposed+cost incurred in prosecution

                    In case, accused does not pay compensation, accused shall suffer imprisonment not exceeding 30 days. Appeal can be made against the orders (section 359 CrPC).

Can compensation be granted to the person who is groundlessly arrested ?

                    Yes, as per provisions of the Criminal Procedure Code, it appears to the trial court at the time of hearing of the case that such person has been arrested groundlessly by the police officer. Magistrate may award a compensation to the arrested person. The maximum amount of compensation can be Rs 1000/-. The amount of compensation shall be recovered from the police officer who has made such arrest.

                  If more than one person is arrested, Magistrate may award compensation to each of them.

What is victim compensation scheme ?  

               On the recommendation of Law Commission of India in 2008, section 357A was added the Criminal Procedure Code. By this section court is empowered to direct the states to pay compensation to the victim. Provisions of the victim compensation are implemented as :

• Every State government in coordination with Central Government shall prepare a scheme to provide funds for purpose of compensation to the victim or his dependents.
• Whenever a recommendation has been made for the compensation, the State or District legal Services Authority as the case may be, shall decide the quantum of compensation to be awarded.
• If the trial court is of the opinion that the compensation u/s 357 CrPC is not adequate or case ends in acquittal or discharge and victim is to be rehabilitated, it may recommend for the compensation.
• If the offender is not traced and trial could not take place, victim or his descendant can make an application for compensation top the District or State legal services authorities. On receipt of such application, State or District legal authorities shall award adequate compensation after due enquiry within two months.
• On the certificate of the Officer-in-charge of the police station or concerned Magistrate, State or District legal services authority can order for immediate first-aid facility or medical benefits to be made available free of cost.   

Arrest, latest amendments in law

                                  The word arrest is related to the French word "arret" which means "stop". An arrest is an act depriving someone of his personal liberty. Arrest can be made by a police officer or by any other person empowered by law for the purpose of investigation or prevention of crime. Some very important amendments have been made in the Criminal Procedure Code (CrPC). these amendments are meant to prevent the unnecessary arrests made by the police and other investigating agencies.

When a police officer can arrest without warrant ?

                     As per section 41 of the CrPC, can arrest any person without warrant or without the order form Magistrate in following situations :

• If someone commits cognizable offence in presence of  a police officer
• On credible information or complaint or suspicion that the person has committed a cognizable offence in which punishment is less than 7 years, police officer can arrest only after recording reasons in writing.
• If a person has committed an offence in which punishment is more than 7 years and offence is cognizable and non-bailable.
• Proclaimed offender
• Who has stolen property or suspected of having committed such offence.
• Who obstructs a police officer from doing his duty or who has escaped or attempts to escape.
• Deserter from Indian army.
• Any law related to extradition.
• Released convict, if commits any breach of rule u/s 356(5).
• If any requisition has been received from another police officer.

Can a police officer arrest in a non cognizable case ?

                    Yes, a police officer can arrest in a situation when any person commits non cognizable offence in the presence of a police officer and on demand refuses to give or gives false name and address. When true name and address is ascertained, he shall be released on bail.

                   If true address is not ascertained in 24 hours of his arrest, he will be produced before the nearest Magistrate.

Can arrest be made by a private person ?

                  Yes, arrest can be made by a private person who in his presence commits a cognizable and non-bailable offence in his presence or is a proclaimed offender. Without any delay,he will produce such arrested person to a police officer or to the nearest police-station. Police officer will re-arrest him again following the provisions of law mentioned above.  

Important : As per new amendments in Criminal Procedure Code (CrPC), a police officer can not arrest in cognizable cases where punishment under law is less than 7 years. For this, police officer will have to record reasons for the arrest.

                  Arrest can be made only in the cases where punishment is more than 7 years. Most of the offences in which cases are registered with police, the punishment is less than 7 years.  

Road Accidents and Claims

                          Road accidents have become an issue of national interest. As road network is increasing in the country, road accidents are also increasing very rapidly. Most of us only think of police/investigating agency in case of motor vehicle accident or any other type of accident and investigation of the case by police but don't know anything about Motor Accident Claim Tribunals. With the establishment of Claim tribunals, claimant can get the claim/compensation within 120 days without the need of  filing an application.

What are claim tribunals ?

               Claim Tribunals are prepared by the State Government by notification for easy and fast settlement of the claims in case motor vehicle accidents. The tribunal consists of two or more member as :

1)  serving or retired Judge of High Court

2)  serving or retired District Judge

Who can make application for the compensation ?

                         An application for the compensation can be made by :

1)  By injured person.

2)  By the owner of the property.

3)  In case of death, by any legal representative.

4)  By any agent authorised.

                         Every application shall be made in following ways :

1)  To Claim Tribunal having jurisdiction over area.

2)  To Claim Tribunal in the jurisdiction where claimant resides.

3)  To Claim Tribunal in the jurisdiction where defendant resides.

                     On receipt of application, Claim Tribunal has all the powers of a Civil Court to proceed in the case.

What are the documents required with application for compensation ?

  1)  Copy of FIR, if any.

  2)  Copy of medico legal certificate/postmortem report/death report as the case may be.

  3)  Documents proving identity of the claimant and of deceased in case of death.

  4)  Original bills of expenses on treatment along with treatment record.

  5)  Documents of educational qualification.

  6)  Disability certificate, if any.

  7)  Proof of income.

  8)  Document about the age of the victim.

  9)  The concerned note of the third party insurance, if any.

10)  An affidavit in support of above documents and relationship with the claimant.

What is the duty of police ?

                            As soon as the any information of any accident is receive involving death or injury to any is recorded or report/investigation is completed by the police officer, the Officer-in-charge (SHO) of a police station shall send a copy of a report to the Claim Tribunal/concerned insurer/owner within 30 days of FIR or in any other case (section 158(6) of the Motor Vehicle Act, 1988).

                 Any Officer in charge of a police station or registering authority shall provide following information to the insurer or entitled claimant on payment of prescribed fee :

1) Relating to the identification and other particulars of the vehicle involved.

2)Name and address of the person using vehicle at the time accident or injured by it and the property, if any damaged.

                      

 

 

National Security Act and Detention

                             National Security Act was invoked on Varun Gandhi by the Uttar Pardesh Government in the year 2009 along with other sections of the Indian Penal Code and was put under detention. A person can be detained for a maximum period of three months in the first instance but state government can extend such period from time to time not exceeding three months at a time. 

                This act came into force in the year 1980 which extends to the whole of India except the state of Jammu and Kashmir. Let us discuss, what is the National Security Act, 1980 ? How is it implemented ?

What is National Security Act ?

                    National Security Act is an act of Indian Parliament which empowers Central Government and State Government to detain a person from acting in manner prejudicial to the security of India, relations of India with foreign countries, maintenance of services and supplies essential to the community if it is necessary to do so.

Who can make orders to detain a person :

                    The Central or State Government if satisfied that to prevent any person from doing any act mentioned in the above para and it is necessary to do so, can make an order for detention of the person. If any foreigner violates the act, he can be expelled from country.

                   On the satisfaction of the State Government, District Magistrate or Commissioner of Police can also make orders for the detention of person.If any officer makes such orders, he shall send his report to the State Government. If report is not approved by the government in 15 day, the order shall not remain in force. State Government will send approved report to the Central Government within 7 days.

                A person can be detained for a maximum period of three months in the first instance. State Government can extend such period from time to time not exceeding three months at one time.

               The detention order is treated and executed in the same manner as a warrant of arrest under the Crminal Procedure Code.

                  The maximum period for detention of a person is 12 months from his date of detention.

 What is Advisory Board ?

            The Central or State Government constitutes an  Advisory Board for the purpose of this act, whenever necessary. The board consists of three members as serving or retired Judges of High Court.

How Advisory Board works ?

                     In all the cases where a detention is made under this act, the State Government shall put his detailed report regarding detention of the person within three weeks of his detention or on representation by the affected person. The Advisory Board, after proper verification of facts and circumstances, submits its report to the government within 7 weeks from date of detention.

              If Advisory Board agrees with the report of government, only then person is kept under detention otherwise the government shall revoke his orders and the person concerned will be released.

   

 

      

NRI's and Related offences (part 2)

What is INTERPOL ? How it functions ?

                        The word "INTERPOL" is a radio-telegraph code for the International Criminal Police Organization. It has 188 member countries who have agreed to ensure and promote the possible assistance between all criminal police authorities in prevention and suppression of crimes. INTERPOL's headquarter is in Lyon, France.

National Control Bureau (INTERPOL), India and CBI :

                    National Control Bureau (INTERPOL), India works as INTERPOL-wing of the CBI (Central Bureau of Investigation of India). The Director CBI is the ex-officio head of the INTERPOL-wing in India. It works under the immediate control of an officer of the rank of the Superintendent of Police.

                          All correspondence with General Secretariat of INTERPOL at Lyon,France is done through the Interpol-wing of CBI at New-Delhi. All state police forces and other investigating agencies have a link through Interpol-wing of the CBI in New- Delhi to their counterparts in member- countries to assist in criminal investigation.

                     Interpol Liaison Officers of state/ union-territories  and other agencies obtains and transmits the information to the General Secretariat of Interpol and respective National Control Bureau through Interpol wing of the CBI. Liaison Officers are of the rank of the addl. Director General of Police, Inspector General, Deputy Inspector General of Police in all states/ union territories of the CID wing and communicate with Interpol wing of the CBI to exchange information.

How Interpol wing of the CBI functions ?

 Arrest of Foreigners in India :

                 Whenever a foreigner is arrested in India for violation of Indian Laws, procedure of arrest in India is followed as described in earlier posts and immediately particulars of the arrested foreigner are sent to the Interpol wing at New Delhi to check his true identity and criminal antecedents.

                     When a request/ notice is received in India for arrest of a foreigner in India. Request is processed Interpol wing at New Delhi and police authorities are requested to locate and arrest the wanted person only when arrest is permissible under Indian law. In such case, arrests are made u/s 41(1)(g) of the Criminal Procedure Code.

Arrest of Indians abroad :

                    Whenever Interpol wing of CBI receives information regarding arrest of an Indian abroad, character and antecedents of the arrested person are verified through the National Crime Record Bureau of India and state authorities. After verification, information is being sent to the General Secretariat and concerned  foreign National Central Bureau by the Interpol wing of CBI.

Investigation abroad and provisions of law :

Letter of request to competent authority for investigation in a country or place outside India : Any criminal court may issue a letter of request to a court or an authority in that country competent to deal with such request which will be sent as Central Government will specify. Each recorded statement or document received will be treated as evidence in the case.This procedure is followed u/s 166A of the Criminal Procedure Code of India.

Letter of request from a country or place outside India to a court or an authority for investigation in India : When a letter of request is received from a country for examination of a person or for production of document, Central Government may forward such letter to a judicial magistrate for the needful or may depute a police officer for investigation.Central Government may forward report of the magistrate or police officer to the authority which has issued that request letter This procedure is followed u/s 166B of the Criminal Procedure Code.

                      The International police cooperation cell of the CBI is the designated agency for routing requests of informal inquiry.Whenever it is necessary to a team for investigation to that country, it will be sent only after getting permission from that country and sent team will not enjoy the powers of a police officer in that country.

What is extradition ?

                             Extradition can be described as surrender of an alleged or convicted person from one country to another country. When accused available in other country is to be arrested and to be produced in a court in India, action can be taken through extradition process and not through letter of request. The extradition request can be made after the charge sheet has been filed in the court and court has taken cognizance of the case. State Home department will send a request to the CBI which will be sent through Ministry of External Affairs.

The Extradition Act, 1962 :  

                              As per provisions of the Extradition Act, 1962, the extradition of a fugitive criminal from India to another country or from another country to India. Extradition extends to the countries with extradition treaty has been made by the central government.

   As per section 3 of the act, the government of India extends the provisions of the act to that country by notification.

As per section 4, requisition for surrender of the criminal is made through diplomatic representative of the foreign state.

As per section 34B of the act, provisional arrest can be made of the fugitive criminal.

 

India has signed extradition treaties with following countries :

 1)   Belgium                                     15)  Turkey

 2)   Bhutan                                       16)  Germany

 3)   Canada                                      17)  Tunisia

 4)   Hongkong                                 18)  Oman

 5)   Nepal                                         19)  France

 6)   Netherlands                              20)  Poland

 7)   Russia                                        21)  Korea

 8)   Switzerland                               22)  Bahrain

 9)   UAE                                            23)  Bulgaria

10)  UK                                              24)  Ukraine

11)  USA                                           25)  South Africa

12)  Uzbekistan                                26)  Belarus

13)  Spain                                         27)  Kuwait

14)  Mogolia                                     28)  Maurituis

 

 India has extradition arrangements with following countries :

1)  Australia                                        6)  Srilanka

2)  Fiji                                                  7)  Tanzania

3)  Italy                                                8)  Thailand    

4)  Papua New Guinea                       9)  Prtugal

5)  Singapore                                     10)  Sweden 

 

 

 

 

 

    

                                                

 

NRI's and Related Offences (Part 1)

                  Ministry of Overseas Indian Affairs which works under the Government of India is meant to guide the overseas Indians across the world and to strengthen the bond between India and overseas Indians, address their concerns and problems and benefit them from the opportunities in rapidly growing economies. There are approximately 25 million overseas Indians across the world. The overseas Indians consists of the Non-resident Indians (NRI)  and Persons of Indian Origin (PIO).These terms can be explained as :

Non-resident Indian (NRI) :

                   Non-resident Indian (NRI) is a citizen of India having Indian passport who is living in some other country temporarily for at least six months or more than six months for work or some other person.In legal terms it can be explained as a person who stays in India for at least 182 days in a year or 365 days in four consecutive years, is called resident of India. If any person does not meet the above criteria, is called Non-resident of India (NRI) in terms of Income-tax.

Person of Indian Origin (PIO) :

                       Person of Indian origin (PIO) is a person of Indian origin whose ancestors were born in India but is a citizen of some another country and not a citizen of any country specified by Government of India from time to time. Indian Government issues PIO-card to eligible persons. PIO-card is itself treated as visa.

                Persons who have temporarily gone to another country or have settled permanently when return to their motherland, face litigation or complaints or they are indulged in crime. As a victim of the crime or complainant of a case,a number of facilities have been provided by the the Government to facilitate them by providing them phone numbers and audio/video talks facility through Internet in different states of the country from where they can communicate and can convey their problems/suggestions.

                    As accused of cases, where such person commits crime in India and tries to escape, the court can restrict him to leave the country, till the decision of the case. If he is able to manage to leave the country after committing a crime, he can be brought back to India by different provisions of law/treaties/schemes made by India with foreign countries.

                      A person can be accused or victim of different types of crimes/offences. If offence is committed in India, case will be tried as per Indian laws. If crime is committed outside India and is concerned with India, will be tried as per the concerned  country. More than 95% cases concerned with NRI's are registered under (except civil cases) following section of the the Indian Penal Code and other laws :

Marriages :

                         When a marriage is contracted between an Indian woman from India and Indian man residing temporarily in some other country (NRI) without any verification or very little/casual verification.Legal complications get multiplied due to borders of the countries and difference in the legal system of the countries. The provisions of criminal law under which such cases are registered in India are :

Husband or relative of husband of a woman subjecting her to cruelty : If husband or his relative subjects such woman to cruelty (mental or physical) commits an crime u/s 498A of the Indian Penal Code

Dowry death : If death of a woman occurs, except normal normal circumstances, within 7 years of his marriages and it is shown that she was subjected to cruelty soon before her death by husband or his relatives  in connection with any demand of dowry and case u/s 304B is registered.

Abetment to suicide : If any woman commits suicide and it is shown that she was subjected to cruelty, court may presume that she has been abetted to commit suicide and case is tried u/s 306 of the Indian Penal Code.

                      There are some other sections of the Indian Penal Code in which direct complaint can be filed in the court :

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage : A case u/s 493 can be tried in the court against accused .

Marrying again during lifetime of husband or wife : A case u/s 494 of the Indian Penal Code can be filed against the accused.

Same offence with concealment of former marriage from person with whom subsequent marriage is contracted : A case u/s 495 of the Indian Penal Code can be filed in the court against the accused.

Marriage ceremony fraudulently gone through without lawful marriage :  A case u/s 496 of the IPC can be filed against the accused.

Note : All above mentioned sections are cognizable in Andhra Pardesh and FIR can be registered in a police station.

                  A number of directions/guidelines have been issued by the Hon'ble Supreme Court of India regarding this sensitive issue of  such marriages. National Commission for Woman is also continuously working on this issue of so called NRI marriages through seminars and conferences/meeting with Government of India.  

Fraud/Cheating :

                    A lot of cases have been of illegal emigration/immigration have been registered when rackets involved in such activities offer the the innocent persons to send to the foreign country for work or for some other purpose and cheat them.

                 Similarly many cases registered when properties of many persons who are staying abroad are graved by their relatives or by other persons in India fraudulently. Such cases are mostly registered in following sections of the Indian Penal Code :

Cheating by personation : When someone knowingly substitute one person for another or represent himself as real person, case u/s section 419 is registered along with other sections of law.

 Cheating and dishonestly inducing delivery of property : A case u/s 420 of the Indian Penal Code (IPC) is registered or this section is added with other sections.

Forgery of valuable security, will etc : When some documents forged as valuable security or will, section 467 of  the IPC  is added to the sections in the FIR.

Forgery for the purpose of the cheating : If the document or record is forged for cheating, a case is registered u/s 468  of IPC or this section is added to the FIR.

Using as genuine a forged document or record : A case u/s 471of the IPC is registered or this section is added with the other sections of the FIR.

 Criminal conspiracy : When a person is a party to the criminal conspiracy to commit crime, section 120B of the IPC is added with other sections of FIR.

Criminal trespass : When some person enters into the property of other person with criminal intention, a case u/s 447 is registered against the accused.

House-trespass : When some person enters into others building or tent or vessel used to live or worship etc, a case u/s 448 is registered against the accused.

                    Whenever a person commits any of the crime mentioned above in India, cases are registered in India in the concerned police stations and are tried in the court and accused are punished if held guilty as per Indian Justice System. If any person commits crime in India and manages to escape from here after committing crime, or conspires the commitment of crime in India, he can be brought to India for the purpose of Investigation or trial. The person involved in any crime in India and staying in another country can be brought back with the help of INTERPOL Wing of the Central Bureau of Investigation (CBI) by following a procedure laid down in Indian law and treaties made by Indian Government with other countries which  will be discussed in our next post.                  

                  

                   

Preventive measures for public order and peace u/s 144 Cr PC etc...

How the public order and tranquillity can be maintained as per law ?

                    You may have heard about the section 144 of the law but do you know what is this section 144 ? Answer is section 144 of the Criminal Procedure Code (CrPC). The section 144 CrPC is implemented when there is an urgent case of nuisance and for the immediate prevention of the nuisance District Magistrate, Sub-divisional Magistrate or some other magistrate proceeds under this section.There are some other sections of the CrPC which are meant for preventive actions for maintaining law and and order and peace in the area. Today, we will discuss about various provisions of the law under CrPC as preventive measure along with section 144 CrPC and how these sections are implemented ?

Urgent case of public nuisance :

                 When District magistrate or Sub-divisional magistrate or any other magistrate who is specially empowered thinks that there are sufficient grounds to proceed under section 144 of CrPC, magistrate will issue written orders stating facts of the case/circumstances in the manner as :

• Order will be served on the person against whom it is.

• If order can not be served, it shall be notified by proclamation or published and copy of order shall be stuck up at fittest place.
• Magistrate can restrict any person from certain act or to take certain order for property in his possession.
• If order can not be served in due time due to emergency, order can be passed ex-parte.
• Order remain in force for a maximum period of two months. Only state government, notification, can extend duration up to six months.
• Magistrate by its own motion or on some request can alter the order.
• Magistrate can prohibit to carry arms in procession or mass drill or mass training with arms.

                  There are other sections of CrPC meant for preventive actions which are as :

Unlawful assembly :

                    Any executive magistrate or officer-in-charge of the police station or a police officer not below the rank of sub-inspector may command any assembly of five or more persons which may cause disturbance to the public peace to disperse. If assembly does not disperse, required force can be used and members of assembly can be arrested and confined as per sections 129, 130 and 131 of Cr PC.

Conditional order for removal of public nuisance : 

                      If magistrate thinks and considers that :

• Any unlawful assembly should be removed from the public place.
• Conduct of any trade or keeping of goods is injurious to health etc.
• Construction or disposal of anything should be stopped.
• Any building or structure is dangerous to life.
• Any tank or well should be fenced.
• Any dangerous animal should be destroyed or confined.

                       He may make a conditional order  requiring such person to remove the obstruction or nuisance as mentioned above as per section 133 of the CrPC.

Disputes of immovable property :

                   Whenever any executive magistrate thinks that dispute concerned with any land or water or the boundaries, in his jurisdiction, make an order stating grounds and require parties to attend the court as per section 145 of the CrPC.

                  If magistrate consider a case of emergency or is unable to decide the case may attach the subject and appoint an receiver.

                  The district magistrate or Sub-divisional-magistrate may depute a subordinate magistrate to conduct local inquiry and submit report.

What is section 107, 150 and 151 of the CrPC ? How is it implemented ?

Section 107 : When an executive magistrate receives information that any person may cause a breach of peace or may disturb public peace and thinks that there are sufficient ground to proceed, he may issue a show cause to such person to execute a bond for keeping peace for a period of maximum up to one year.

Section 150 : When a police officer receives information of a design to commit a cognizable offence shall communicate such information to his senior officer for prevention of the commission of such offence.

Section 151 : When a police officer having knowledge of a design of cognizable offence and it appears that the commission of the offence can not be prevented otherwise, he can arrest the accused without warrant.

                      Arrested person can not be detained in custody for a period more than 24 hours of his arrest.

What is 107/150 CrPC ?

                     Whenever a police officer receives information about the design of a crime/offence which is cognizable and immediate arrest of the accused is not necessary (u/s 150 of the CrPC), he submits his report to the executive magistrate in the jurisdiction to take action for prevention of the crime u/s 107 CrPC. Police officer submits his report u/s 107/150 CrPC.

What is 107/151 CrPC ?

                   Whenever a police officer receives information of design of a cognizable offence and and immediate arrest of the accused is necessary to prevent the commission of an offence, police officer on duty arrests the accused immediately without warrant and produces him before the executive magistrate in the jurisdiction within 24 hours of his arrest along with his report/file for the magistrate to take action u/s 107 CrPC. Police forwards such report u/s 107/151CrPC.        

    

Traffic offences and Penalties

               Motor vehicle act came into force in the year 1988. As the road network, urbanisation, motorisation has increased rapidly in the country,there is a sharp increase in the road traffic accidents. Road accidents have become an issue of national concern. Motor vehicle act is an effort to reduce the road traffic accidents if implemented effectively.All of us must be aware of the important sections of the motor vehicle act, if not the complete act.Some of the important sections of the motor vehicle act are given below :

Sr No	MV Act Sections	Offences	Penalties
			First Offence	Subsequent Offence
1	177	1.         Without Seat-belt         2.       Without Helmet         3.       Triple Riding         4.       Wrong Parking        5.       Any other offence which    is not covered under MV Act	Rs 100/-	Rs 300/-
2	179	Disobedience of lawful directions	Rs 500/-	-
3	180	Allowing unauthorized person to drive	Imprisonment up to 3 months or fine up to Rs 1000/- or both	-
4	181	Without Driving Licence	Imprisonment up to 3 months or fine up to Rs 500/- or both	-
5	183	Driving at excessive speed (contravening speed-limits)	Rs 500/-	Rs 1000/-
6	184	Driving dangerously	Imprisonment for 6 months or fine Rs 1000/- or both	If violates section 184 within 3 years, imprisonment  for 2 years or fine Rs 2000/- or both
7	185	Driving by drunken person, minimum alcohol in blood exceeding 30 mg per 100ml	Imprisonment up to 6 months or fine up to Rs 2000/- or both	If violates again within 3 years, imprisonment for 3 years or fine Rs 3000/- or both
8	186	Driving by physically or mentally unfit person	Rs 2000/-	Rs 5000/-
9	189	Racing and trial of speed	Imprisonment up to one month or fine up to  Rs 5000/- or both
10	190	Using vehicle in unsafe condition	Rs 250/-
11	192	Using vehicle without registration	Rs 2000-5000/- Note : No penalty in case of emergency	Imprisonment up to one year or fine up to Rs 10000/-
12	192A	Using vehicle without permit	Rs 2000-5000/-	Imprisonment up to one year or fine Rs 10000/- or both
13	194	Driving vehicle exceeding permissible weight	Rs up to 2000/- plus additional amount of Rs 1000/- per tonne
14	196	Driving vehicle without insurance	Imprisonment up to 3 months or fine Rs 1000/- or both
15	198	Unauthorised interference with vehicle	Rs 1000/-
16	207	Power to detain vehicle without RC, permit etc	Any police officer or authorised person can detain

Important Point to Note :

• Minimum age required to drive a vehicle in public place is 18 years.
• Motor-cycle with engine capacity not exceeding 50 cc can be driven by a person after attaining the age of 16 years.
• Minimum age required to drive transport vehicle is 20 years.
• No person is granted a learner's license to drive a transport vehicle unless he is having a driving license to drive a light motor vehicle for one year.
• Any offence punishable u/s 177, 179, 180, 181, 182, 183, 186,190, 191, 192 and 194 of MV Act can be compounded by any officer authorised by state government. Once offence is compounded, accused is discharged.
• A police officer can arrest without warrant if a person commits an offence u/s 184 or 185 or 197.
• If someone takes away the vehicle without the consent of the owner of the vehicle , he is committing offence u/s 197.
• A police officer can not reduce the amount of penalty, only court can reduce.
• Offence under MV Act can be compounded online through the police websites for which links to police websites have been given in the Investigating agencies page of this blog.
• If someone is challaned for not having the pollution certificate, he can produce the pollution certificate of the vehicle within 7 days of  challan to the the concerned officer,he will not be fined.
• Front light not half black is not an offence under MV Act, now.
• The Hon'ble Supreme Court of India has prohibited the use of black films of any VLT (visual light transmission) percentage or any other material upon the safety glasses, windscreens (front and rear) and side glasses of all vehicles throughout the country.