Wednesday, 8 April 2020

Questions and answers on law part 6

1)Question:- Whether magistrate can impose conditions while releasing the accused on default bail under section 167(2) Cr PC ?

Answer:- As per section 167 (2) such bail is deemed to be bail under chapter 33 of Cr.P.C.
Chapter 33 of Cr.P.C. contains S.436 as well as S.437 Cr.P.C., which permits imposition of conditions while admitting accused on bail.


2) Question:- Whether court can compel accused to undergo test identification parade?
Answer:- Yes in view of S 54-A of CRPC
54-A. Identification of person arrested.—Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction, may on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit.]
inserted by Act 25 of 2005, S. 11 (w.e.f. 23-6-2006).
3)Question:-Whether accused can file application for plea bargaining in private complaint case?
Answer:- As per S 265-A of CRPC
265-A. Application of the chapter.—(1) This chapter shall apply in respect of an accused against whom—
(a) the report has been forwarded by the officer in charge of the police station under Section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or

(b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under Section 200, issued the process under Section 204,


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