Skip to main content

Posts

Showing posts from October, 2013

offences – acts and omissions – evidences – the cognizance of the offence – a close inter se relationship …

offences – acts and omissions – evidences – the cognizance of the offence – a close inter se relationship … Let us broadly look at the process of Criminal trial. 1.       Ordinarily, in Criminal law, there are two ways by which the machinery of law is set into motion against any person – (a)     By registering FIR (First Information Report) before Police u/s 154 or by making Application u/s 156(3) to the Magistrate, thereby Magistrate directing the Police to register the FIR, investigate the offence and file Police Report in a time bound manner; (b)    By making Complaint3 before the concerned Magistrates Court u/s 200. 2.       Any inquiry into the alleged commission of any criminal offence must begin with the contemplation in our mind, the definition of “offence” as contained in General Clauses Act, 1897. Section 3(38) of the said Act defines it as "offence" shall mean any “act or omission”” made punishable by any law for the time being in force”