Different Kinds Of Trial Under CRPC Law Essay

Different Kinds Of Trial Under CRPC Law Essay Most offences in Indian criminal law were created by Statute and have a statutory maximum penalty. For the purposes of trial, offences were divided into different categories, offences triable by indictment (warrant cases) or offences triable only summarily, or offences triable either way. The most serious offences (eg: murder, rape) are triable only on indictment, at the Sessions Court. A large mass of less serious offences are triable only summarily, in magistrates courts. The middle category of offences triable either way and comprises of most burglaries, thefts and frauds. The trial is the pivotal point of a Criminal case. Sec 190 of the CrPC talks of the conditions that need to be fulfilled before proceedings can be initiated by the Magistrate (it specifically empowers a Magistrate to take cognizance of a case). It is the exclusive power of the Magistrate under Sec 204 of the CrPC to refer or reject a case from entering the stage of trial. Trial is the judicial adjudication of a persons guilt or innocence. Under the CrPC, criminal trials have been categorized into four divisions having different procedures, called Session, warrant, summons and summary trials. Sec 225-237 deal with warrant cases by a court of Session. Sec 238-250 deal with warrant cases by magistrates. Sections 251-259 provides procedure for trial of summons cases by magistrates. Sections 260-265 make provisions relating to summary trials. Warrant Case: A warrant case relates to offences punishable with death, imprisonment for life or imprisonment for a term exceeding two years. The CrPC provides for two types of procedure for the trial of warrant cases triable by a magistrate, viz., those instituted upon a police report and those instituted upon complaint or on own information of magistrate. In respect of cases instituted on police report, it provides for the magistrate to discharge the accused upon consideration of the police report and documents sent with it. In respect of the cases instituted otherwise than on police report, the magistrate hears the prosecution and takes the evidence. If there is no case, the accused is discharged. If the accused is not discharged, the magistrate holds regular trial after framing the charge, etc. Sessions case: In respect of offences punishable with death, life imprisonment or imprisonment for a term exceeding seven years, the trial is conducted in a Sessions court after being committed or forwarded to the court by a magistrate. Summons case: A summons case consists of all cases relating to offences punishable with imprisonment not exceeding two years. In respect of summons cases, there is no need to frame a charge. The court gives substance of the accusation, which is called notice, to the accused when the person appears in pursuance to the summons. The court has the power to convert a summons case into a warrant case, if the magistrate thinks that it is in the interest of justice. Summary case: The high court may empower magistrates of first class to try certain offences in a summary way. Second class magistrates can summarily try an offence only if punishable only with a fine or imprisonment for a term not exceeding six months. In a summary trial, no sentence of imprisonment for a term exceeding three months can be passed in any conviction. The particulars of the summary trial are entered in the record of the court. In every case tried summarily in which the accused does not plead guilty, the magistrate records the substance of the evidence and a judgment containing a brief statement of the reasons for the finding.  [1]   Procedure of Magistrate on appearance of accused in warrant case: In warrant case if the Magistrate finds that the charge against the accused is groundless, he has power to discharge the accused by recording reasons. If the Magistrate has reason to believe that there is ground to proceed further, he then frame charges against accused which is read and explained and thereafter asks accused whether he pleads guilty of offence or not. If the accused pleads guilty, the Magistrate may convict the accused and proceed further to question the accused about quantum of sentence. Thereafter awards sentence. If the accused pleads to be tried, the magistrate proceeds to examine the witnesses of prosecution, hearing of prosecution and examination of accused under Section 313(1)(b) CrPC follows. The accused shall also be called upon to enter defence and produce his witnesses if any. Procedure of Court of Session: In case of offence exclusively triable by a court of Session, the Magistrate may take cognizance if such an offence and commit the case to the court of Session for trial. A court of Session cannot directly take cognizance of offence triable by it. On appearance by the accused before Sessions Court, the Judge hears the public prosecutor regarding the case. If the Judge considers that there is no sufficient ground to proceed with, he can discharge the accused, otherwise he proceeds to frame charge and examines the accused about the charge. If the accused pleads guilty the judge convicts the accused and the question quantum of sentence and award sentence by way of judgment. If the accused wishes to be tried the Judge shall fix dates for examination of prosecution witnesses and shall hear prosecution arguments and then call upon accused personally to explain any circumstances against him in evidence. If no case is made-out, the Judge shall record order of acquittal. If the Judge does not think it fit to acquit the accused, he shall thereupon ask the accused to enter on his defence. Accused can also file written statement explaining the circumstances of his involvement in the case. On hearing prosecution and accused, the Judge shall give a judgment. In case the accused is convicted, he shall be heard about quantum of sentence. Thereupon award of sentence follows. Examination of Court Witnesses:-The court has power to examine any person, at any stage, as court witness in the ends of Justice. Summons procedure:-In summons case, the accused is issued summons to appear or brought before the Magistrate. Then particulars of offence are stated and if the accused pleads guilty, he is convicted or otherwise trial follows. It shall not be necessary to frame charges in summons case. Summary and trial procedure:-Summary trial is a short-cut procedure of regular trial. Since risk is involved in short cut procedure, senior and experienced judicial officers are empowered to try certain petty cases. Though some offences under this summary trial procedure involved are warrant cases, but the involvement of punishment in summary trial being only three months imprisonment, summons case procedure is followed at the trial. In this summary trial, the Magistrate shall record substance if evidence and a judgment of brief statement of reasons for the finding follows if the accused does not plead guilty.  [2]   Guidelines: The purpose of these guidelines is to help magistrates decide whether or not to commit either way offences for trial in the Sessions Court. Their object us to provide guidance not direction. They are not meant to impinge upon a magistrates duty to consider each case individually and on its own particular facts. These guidelines apply to all defendants aged 18 and above. General Mode of Trial Considerations: When deciding whether a case is better triable as a Sessions case or a warrant case, a magistrate must keep in mind the following considerations: a) the nature of the case, b) whether the circumstances make the offence one of a serious character, c) whether the punishment which a magistrates court would have the power to inflict for it would be adequate, d) any other circumstances which appear to the court to make it suitable for the offence to be tried in one way rather than the other, e) any representations made by the prosecution or the defence. Some more observations: a) the court should never make its decision only on the grounds of convenience or expedition, b) the court should assume for the purposes of deciding the mode of trial that the prosecution version of the facts is correct, c) where cases involve complex questions of fact or difficult questions of law, including difficult issues of disclosure of sensitive material he court should consider committal for trial, e) in general, except where otherwise stated, either-way offences should be tried summarily. Problems and Suggested Reforms in Trial Procedure In cases of conviction, the sentence that may be passed is limited by (a) the procedure adopted for purposes of trial: and (b) the limits placed by S.29 Cr.P.C. on different classes of Magistrates. If the case is tried by the Chief Judicial Magistrate (or the Chief Metropolitan Magistrate), the upper limit of sentencing would be any sentence authorized by law, except a sentence of imprisonment for life or of imprisonment for a term exceeding seven years. A Magistrate of the First Class (or a Metropolitan Magistrate) may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding Rs.5000 or of both.  [3]   The procedure for recording evidence varies according to the form of trial. Section 274 Cr.P.C., prescribes that in summons cases and inquiries, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of the evidence in the language of the Court. The proviso enables the Magistrate to cause such memorandum to be made in writing or from his dictation in open Court where the Magistrate is unable to make such memorandum himself and records reasons for his inability. S.376 (d)., provides that no appeal from a convicted person shall lie when a sentence of fine only is passed not exceeding Rs.200/- in a case tried summarily by the Magistrate empowered under section 260. S.260 and 355 are either unutilized or under-utilized. Only those Magistrates (Other than CJMs and MMs) who are duly empowered, either by name, or by virtue of office, or under the statute creating the offence can try the cases summarily. But most of the Magistrates are not empowered. This is one among the many reasons why summary procedures is not fully utilized. As the Judge of the same status can deal with the case summarily when he is posted as a metropolitan Judge without any empowerment there is no reason why such empowerment is needed for other magistrates to deal with the cases summarily under Section 262 of the Code The Law Commission has in its 154th report also recommended enhancement of the limit of Sentence prescribed in Section 262 of the Code to three years. It has also recommended some incidental amendments to Sections 2(x) and 2(w). The researcher feels that Section 2(x) defining warrant case be amended by substituting the word three for the word two. Consequently all cases which are not warrant cases, relating to offences punishable with imprisonment lower than three years shall become Summons cases which shall be tried by following the summary procedure prescribed in Chapter XXI of the Code. Large number of cases which do not involve serious offences can be disposed of expeditiously. As the Magistrate has power under S. 260(2) to try the case regularly if he feels that it is desirable to do so in the interest of justice no prejudice would be caused. However, the researcher is of the opinion that proper training should be given to all the Magistrates about trying the cases following the summary procedure. The training should include mock trails and writing of judgments in summary trials by the trainees.

Teaching: It Chose Me :: Reflective Writing Education Essays

Teaching: It Chose Me What inspired me to be a teacher? In the back of my mind, I think I’ve always wanted to be a teacher. Although I wasn’t always particularly fond of going to school early in my life, I always, it seemed, really liked my teachers. I didn’t like being away from home when I was in elementary school and a lot of times I would cry and want to go home, but my teachers would talk with me and help calm me down and then I would be okay for a while. Looking back, I appreciate the way they helped me through those "bad" days. I realize now teachers do more than teach -- they are role models for their young students and they can have a tremendous influence on them. Another factor that helped influence my decision to enter the teaching field is that I love children. I have always enjoyed babysitting, not just for the money, but for the enjoyment I usually have when I babysit. I think kids are such fun. In a way, I guess when I babysit, I do some of the things teachers do. I like to read books to them and ask them questions and do learning activities with them. Today’s young children are our next generation. I love to see how well they learn what you are teaching them, like when they learn to read. It is so exciting to them to be able to read! I still love to read to this day from being inspired by my elementary teachers. My teachers inspired me to be anything I wanted to be in life. I want to have an impact like that on someone’s life one day also. My road to the teaching field has taken a few curves along the way. While I had given some thought to being a teacher earlier in my life, other things began to influence me. When I was in high school, I gave serious thought to being a journalist, especially a television newscaster. I thought that would be an awesome job! You get to dress up, have your hair styled everyday and, on top of that, you would always be ‘in the know’ about what’s going on locally, statewide and nationally. Teaching: It Chose Me :: Reflective Writing Education Essays Teaching: It Chose Me What inspired me to be a teacher? In the back of my mind, I think I’ve always wanted to be a teacher. Although I wasn’t always particularly fond of going to school early in my life, I always, it seemed, really liked my teachers. I didn’t like being away from home when I was in elementary school and a lot of times I would cry and want to go home, but my teachers would talk with me and help calm me down and then I would be okay for a while. Looking back, I appreciate the way they helped me through those "bad" days. I realize now teachers do more than teach -- they are role models for their young students and they can have a tremendous influence on them. Another factor that helped influence my decision to enter the teaching field is that I love children. I have always enjoyed babysitting, not just for the money, but for the enjoyment I usually have when I babysit. I think kids are such fun. In a way, I guess when I babysit, I do some of the things teachers do. I like to read books to them and ask them questions and do learning activities with them. Today’s young children are our next generation. I love to see how well they learn what you are teaching them, like when they learn to read. It is so exciting to them to be able to read! I still love to read to this day from being inspired by my elementary teachers. My teachers inspired me to be anything I wanted to be in life. I want to have an impact like that on someone’s life one day also. My road to the teaching field has taken a few curves along the way. While I had given some thought to being a teacher earlier in my life, other things began to influence me. When I was in high school, I gave serious thought to being a journalist, especially a television newscaster. I thought that would be an awesome job! You get to dress up, have your hair styled everyday and, on top of that, you would always be ‘in the know’ about what’s going on locally, statewide and nationally.

Religion…True or False? Essay

For many people religion represents a commitment or devotion to religious faith or observance. Within this commitment encompasses a personal set or institutionalized system of religious attitudes, beliefs, practices or system of beliefs held to with ardor and reliance. In Kurt Vonnegut’s Cat’s Cradle, Vonnegut introduces a religion known as Bokononism, which epitomizes a standard foundation built upon nothing more than â€Å"foma! Lies!† (Vonnegut 191). Bokononism focuses on man’s need for a God, even though Vonnegut believes there is no such thing. He expresses his beliefs of Divine Province, while making fun of Christianity, satirizing the notion that all religions are nothing more than lies. Religion gives many people a feeling of security because they believe that a divine power watches over them and promises them salvation and either happiness or the chance to improve themselves in a life after death. Bokononism is a religion based on lies, while Christianity is a based around the life and teachings of Christ and the sacred scripture of the Bible. Hence, the question is whether or not society bases religion, mainly Christianity, upon nothing more than â€Å"foma† itself. Bokononism breathed life when first founded by a Negro man named Lionel Boyd Johnson. The name Bokonon surfaced due to the fact that it rendered to be the â€Å"pronunciation given the name Johnson in the island’s English dialect† (Vonnegut 108). Bokonon creates the religion for the people of a small Caribbean island called San Lorenzo; he then makes it a point that â€Å"he and his religion be outlawed, and that those caught practicing it [are] to be killed† (Lundquist 37) by punishment of being hanged on the dreaded hook. Such an atrocity becomes enacted so the people will be happy and totally content, for by taking part in the religion that all people on the island practice, they partake in a rebellious action and can take the focus from their horribly useless lives. The idea is for that the religion and the government to constantly oppose each other, with Bokonon the virtuous prohibit, hiding from it all. The doctrines that make up Bokononism consist of a â€Å"language itself [that] is amusing, [yet] serves to outline an approach to life that has considerable appeal† (Lundquist 37) in which assists in capturing the true essence behind the religion. Coincidentally resembling Jesus and the bible, Bokonon relies on his vast variety of language, and his Books of Bokonon. His language consists of several significant key concepts such as a karass, which is a â€Å"team [of people] that do[es] God’s will without ever discovering what they are doing† (Vonnegut 2), thus revealing that â€Å"if you find your life tangled up with somebody else’s life for no very logical reasons†, writes Bokonon, â€Å"that person may be a member of your karass† (Simons 45). In The Books of Bokonon, Bokonon mainly comprises them of calypsos and such on religion, life, and perceptions. More importantly however exists the theory of Dynamic Tension. Such a theory embodies the belief of good versus evil, and maintaining the ongoing tension between the two. To draw a parallel, is the incident of the Garden of Good and Evil within Christianity. Christianity happened to be instituted on the existence and philosophy of Jesus Christ. Jesus Christ’s life began after he was baptized by Saint John when he thirty years old. He set out with a certain ambition, being that he sought to announce that â€Å"the Kingdom of God was coming, and that it had begun to arrive even as He announced it† (Callan 2). Jesus established this ambition both verbally and physically by utilizing His phenomenon and philosophies. In addition, Jesus also preformed many miracles, in which he made reputable as to the benefit of other people not Himself. Among such miracles include: changing water into wine, walking on the sea, healing sick people, alleviating the pain of the suffering, restoring sight to the blind, and restoring to the disabled people the ability to use their limbs again (Callan 2). Overall, most Christians of society believe that Jesus portrays the bona fide savior that will, in the end, resuscitate humanity. Bokononism starts with a creation event, which mocks the Christian creation account. In Bokonon’s tale of creation God creates man and woman out of mud, rather than dust, and he concludes by allowing them to define their own purpose. While the difference between dust and mud seem insignificant, the purpose for humanity may be quite different. Bokonon tells man that his purpose in life is defined by himself, and not by God. Here on the opposite end of this, Christianity holds that every person’s purpose in life bestows to bring honor and glory to God, whether provided by preaching the good news (Gospel) or by practicing good works toward man, and letting the glory of God shine outward through them (Callan 1). Compared to Christianity, Bokononism does not specifically talk of man’s fall into sin, however, it does somewhat infer that Bokonon first preached on the folly of understanding and the hollowness of truth and human stupidity, which he ultimately won the people of San Lorenzo over with. Bokonon preached on man’s sin right from the beginning, similar to what may be depicted through the garden of Good and Evil in Christianity. â€Å"As helpful as Bokononism [was], as devoid of false pieties as it [was], as concerned as it [was] with human decency and the necessity of having a sense of purpose† (Lundquist 39) it, in the end, is nothing more then the notion of living â€Å"life by the foma that make[s] you brave and kind and healthy and happy† (Simons 39). Christianity often refers to good works as the doctrine of Sanctification (Knight 5). This doctrine begins with the understanding that man is sinful, and will be sinful until the day he dies. Regardless of what man does or tries to accomplish on earth, he will always be sinful, and will continue to fall into sin lurching ever so quickly toward eternal death and damnation (Knight 5-6). Vonnegut seems to perceive, like many, that Christians feel because they are spotless before the eyes of the Lord, that they can thus do what they please. The Holy Spirit corroborates work in a Christian’s life, and may even be responsible for the faith which breeds within a Christian. The basic principle behind sanctification is that the death of Christ, which the Holy Spirit has given faith in, is the inspiration and the power which pushes a Christian to do good works. Hence, this encompasses the doctrine of daily life, one which a Christian yearns to practice every day, and yet may be constant ly faced with a road block, the road block of sin. â€Å"Bokononism is a philosophy of flow, resisting entropy and harrowing the fixities that reduce societies to monomaniacal obsessions† (Simons 47) of harmless untruths. Bokonon â€Å"worships the human above all other values,† (Simons 45); however, at the same time relishes in the fact that the joke of â€Å"maintaining order† through the religion of Bokononism, serves as a joke being played on humanity thus revealing human stupidity. Bokononism denotes the joke on Christianity, every characteristic of Bokononism can be designed to mock Christianity in some manner or another. Bokonon insists that his own religion, which he created, is filled with lies and based on nothing else, yet all of the Island of San Lorenzo believes in Bokonon (Lundquist 135). Ultimately, â€Å"Bokononism refuses to blink at the hard truth of a reality it cannot alter, it nevertheless fictionalizes that reality† (Simons 40). Bokononists have to hide their religion, because the world hates and despises them for their beliefs. Much akin to the Bokononists, who are condemned to an oath of silence, Christians have to hide their voices and beliefs as well. Christians over time have been forced into hiding, because they are not considered â€Å"politically correct† and Bokononists have been shoved into hiding so as not to touch the â€Å"souls† of their feet, known as the art of Boko-Maru (Vonnegut 135). Simultaneously, they all enter a hiding, a hiding from the world which hates what it does not know, and what it does not know is good, and love. On the whole, Christian faith portrays the notion about seeking and knowing Jesus Christ with all facets of the human character. It corresponds to loving Him with all your heart, mind, soul and strength; therefore, certain individualistic and legitimate fallacies are flip sides of an error to the concept of Christianity. Underlying the error of the individualistic fallacy is the presumption that Jesus demands on societies lives in which can be satisfied by societies own efforts. The legitimate fallacy holds that there are possibly some set of rules of behavior which can be kept to earn a way into Jesus’ favor. Then, the next step of the fallacy can be established by insisting that, as long as society keeps Jesus’ rules and, thus, please Him, they are free in all other things to live their lives in their own way, entirely for their benefit, without further considering Him. We all look for ways to please Jesus, and avoid eternal punishment by simply keeping rules, with minimal actual contact with Him and without ever giving ourselves to Him. Nevertheless, this does not work that way, and the result of society pursuing religion in this way is usually horrendous, and furthermore is not a religion based on â€Å"foma†, or a certain principle, but based on a relationship with Jesus Christ. Prepositional Phrase Subject Verb Infinitive Phrase Adverb Clause Participial Phrase Adj. Clause -ly Adverbs Conjunctive Adverb Gerund Phrase Works Cited Callan, Terrance D. â€Å"Jesus Christ.† 31 May 2003. . Knight, Kevin. â€Å"Catholic Encyclopedia: Character of Jesus Chris.† May 31 200. . Lundquist, James. Kurt Vonnegut. New York: Frederick Ungar Publishing Co., 1977. Simons, John L. â€Å"Tangled Up in You: A Playful Reading of Cat’s Cradle.† Kurt Vonnegut. Ed. Harold Bloom. Philadelphia: Chelsea House Publishers, 1990. Vonnegut, Kurt. Cat’s Cradle. New York: Bantam Doubleday Dell Publishing Group, Inc., 1963.

Essay about Addiction and the Brain - 1037 Words

Addiction and the Brain The ponderance that Brain = Behavior and the inherent ramifications of such proves no more fascinating than when addressed in the context of Addiction and the Brain. Essential to consider is: -what exactly is an addictive/abusive substance (drugs of abuse) -what brain center(s)/chemical(s)are involved -what does it mean to become physiologically dependent -how should the concept of addiction be addressed -how might we use animal models -and what sort of treatment approaches should be pursued. These questions will be elucidated briefly, while further information remains available at the web sources listed below. A drug of abuse/addiction would be one which leads to recurrent†¦show more content†¦All drugs of abuse seem to activate DA release from these two areas although each drug family tends to work via drastically different psychopharmacological mechanisms. Besides the obvious appeal of the high or elation, which occurs subsequent to drug administration, a greater influence leading to an increased dosage and necessitated use, would seem the acquisition of tolerance. There are three subtypes, pharmacokinetic/dispositional tolerance, pharmacodynamic tolerance, and behavioral tolerance which all prove relevant in the drugs of abuse, with the exception of the stimulants (cocaine, methylphenidate, etc). Pharmacokinetic tolerance refers to the changes in substance distribution due to the bodies metabolism of the drug, while pharmacodynamic tolerance addresses the adaptive changes which have taken place within the system thereby reducing the efficacy of the drug. The final, behavioral tolerance, seems perhaps at once the most confusing and most compelling. Behavioral tolerance has to do with the learned tolerance in relation to a specific situation and its environmental cues by which the body adapts and prepares itself thus minimizing the drug s effect ( 6). Thus the physiological dependence, or the need to administer the drug in order to maintain even a state of normalcy, is a direct result of these developed tolerances. It is the re-setting of the bodies homeostatic mechanisms in order to adapt for the effect ofShow MoreRelatedAddiction Is A Brain Disease Essay1119 Words   |  5 PagesLeshner and Addiction A prevailing belief in the field of addiction is that drug addiction is a â€Å"brain disease† characterized by â€Å"uncontrollable, compulsive drug craving, seeking, and use, even in the face of negative health and social consequences† (Leshner 2). In his article â€Å"Addiction Is a Brain Disease,† Alan I. 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