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Criminal Court

  1. SUPREME COUT: The highest court in India.
  2. HIGH COURT: The highest court for the state. It may hear any case and pass any sentence authorized by law.
  3. SESSION COURT: It can pass any sentence authorized by law. It is the lowest court which can pass death sentence but the sentence passed by it must be confirmed by the high court.
  4. ASSISTANT SESSION COURT: Can pass a sentence of imprisonment up to ten years.

Extra Edges

  1. Death sentence can be commuted by high court , supreme court and the president.
  2. The sentence awarded by a court may be enhanced by a higher court.
  3. MAGISTRATE & SESSION COURT: are court of trail.

The Three Types of Magistrates

  1. Chief judicial magistrate: can pass a sentence of imprisonment up to 7 years.
  2. First class judicial magistrate : can imprison up to 3 years and fine up to 10000 Rs.
  3. Second class judicial magistrate: Imprison up to 1 yr & fine up to 3000 Rs.

Extra Edge

A pregnant women sentenced to death cannot be hanged till delivery and attainment of 6 months of age by the child.

Court Procedures

  1. SUBPOENA or SUMMON ( sub – under , Poena – penalty ): It is a written document issued by the court and served on the witness under a penalty in all cases by the police officer to attend the court for giving evidence on a particular day and time.
    1. if witness fails to attend the court he may be fined or imprisoned in all types of summons, but he may be excused if he has a valid and urgent reason.
    2. Criminal courts have priority over civil courts.
    3. if witness is summoned by two criminal courts on the same day he should give priority to higher court.
    4. If the summon is from two equal courts the preference should be given to the summon received first.
  2. CONDUCT MONEY:  It is fee paid to a witness at the time of serving the summons to cover the expenses for attending the court. It is given only in civil cases.
    A witness who from the manner in which he gives evidence shows that he is not desirous of telling the truth to the court
    1. Perjury definition- The deliberate, wilful giving of false, misleading, or incomplete testimony under oath.
      (NOTE- A Hostile witness can be tried for perjury)
    2. Section 191 IPC. Giving false evidence (DEFINITION OF PERJURY)
      Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.
    3. Section 193 IPC. Punishment for false evidence (PUNISHMENT FOR PERJURY)
      Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
  4. RECORD OF EVIDENCE: The evidence of a witness is recorded as follows:
  5. OATH: Before giving evidence the witness has to swear by god or solemnly affirm that he will tell the truth , whole truth and nothing but the truth.
    1. It is compulsory and binds witness for the evidence given.
    2. Keeping hand on a holy book does not apply to child below 12 years.
    1. Questions are put the witness by the lawyer who has summoned him.
    2. A leading question is one which includes the material facts and suggests to the witness the answer desired and admits of a conclusive answer by yes or no.
    3. Leading question are not allowed except when the witness is hostile.
    1. The witness is questioned by the defense lawyer. 
    2. Leading questions are allowed.
    3. The defense witness in a murder trial is cross examined by the public prosecutor.
    1. Done by the lawyer who has conducted examination-in-chief.
    2. Leading questions are not allowed.
  9. QUESTIONS BY JUDGE: Can be asked any time to clear his doubts.

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