Saturday, 14 November 2020

Questions and answers on law Part 14

Q.1:-Whether a special court under Pocso Act can grant Anticipatory bail to an accused charged with section 8 of pocso act?

Ans:-Section 8 of POCSO Act Whoever commits sexual assault shall be punished with the imprisonment of either description for a term which shall not less than three years but which may extend to five years, and shall also be liable to fine.

In my opinion, as this offence is punishable with imprisonment for more than three years, it is non bailable and application for anticipatory bail is maintainable. Caselaw on the point is 

With Section 8 Of The Pocso Act vs In Re: Azad Paswan @ Ajad Pasoyan & ... on 15 January, 2020 

Any other view is welcomed

  Q.2:-Whether taluka legal aid committee can entertain a pre-litigation application in respect of subject matter of which is not within the jurisdiction of civil judge junior division and judicial magistrate first class?

Ans: In my opinion, the TLA committee can entertain a pre-litigation application of subject matter which is not within the jurisdiction of CJJD because in pre-litigation dispute is settled by parties. There is no question of the passing of the decree by CJJD. If an award is passed by CJJD in that proceeding, It will be enforceable as per S 21 of The Legal Services Authorities Act,1987.
Any other view on this point is welcomed.

Q.3:- Single recording in marathi as per Maharashtra criminal manual amendment 2019

Ans:- Criminal Manual, Chapter VI, Para 18(1) :

Subject to the statutory alternatives in the matter of recording evidence as contained in Section 275 and 276 of the Code of Criminal Procedure, 1973, as far as possible, the Sessions Judges and Judicial Magistrates should record memorandum of evidence in English in all cases and proceedings.

This para was deleted by following amendment in criminal manual.

Q.4:- Whether appellate court can suspend sentence in economic offence if accused is convicted for five years?

Answer :In my opinion, the Appellate Court can suspend the sentence even in the cases where conviction is qua economic offences. Economic Offence cannot be a ground for rejection of such application for suspension of sentence. At the most, a condition to deposit a lump sum can be imposed in such cases.

Any other view is welcomed.

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