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The territorial and pecuniary jurisdiction in civil matters is usually set in concerned state enactments on the subject of civil courts. On the criminal side, jurisdiction is exclusively derived from the criminal procedure code. As per this code the maximum sentence a sessions judge of district court may award to a convict is capital punishment.
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Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime. It is relevant in three distinct situations: to regulate the relationship between states, or between one state and another;
The Indian Penal Code formulated by the British during the British Raj in 1860, forms the backbone of criminal law in India. This law was later repealed and replaced by Bharatiya Nyaya Sanhita (BNS). The Code of Criminal Procedure, 1973 governs the procedural aspects of the criminal law. [29]
Section 41 of the Code of Criminal Procedure, 1973 provides a 9-point checklist which must be used to decide the need for an arrest. [16] In 2014, Arnesh Kumar Guidelines were formulated by the Supreme Court stating arrests should be an exception, in cases where the punishment is less than seven years of imprisonment.
According to the Section 11 of the Criminal Procedure Code, 1973 (CrPc), a Court of Judicial Magistrate of First Class may be established by the State Government in consultation with the High Court of the respective state at such places in the district and in any number by a notification. [1]
Madras Weekly Notes is a law journal reporting criminal judgements of the Madras High Court from 1910 to till date. Citations are formatted as, e.g., "1929 1 MWN(Cr.) 1", where (left to right) 1929 is the year, 1 is the volume, "MWN(Cr.)" is the abbreviated journal name, and "1" is the page number.
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated , and results in the conviction or acquittal of the defendant .