What is Section 174 of the Criminal Procedure Act?
Abstract. Section 174 of the Criminal Procedure Act 51 of 1977 encompasses the right of an accused to be discharged from the offence he has allegedly committed where, at the close of the State’s case, there is no evidence on which the court may draw the accused to the charge.
What is abstract of register under section 174 of CRPC?
When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a …
What is Criminal Procedure Act in Nigeria?
An Act to make new provisions for the jurisdiction, powers, practice and procedure of the courts of the Northern State of Nigeria in respect of Federal offences, to continue certain inter-State arrangements provided for in the Criminal Proce- dure Act and for purposes ancillary to the matters aforesaid. [1960 No.
What is Section 118 of the Criminal Code?
Punishment of perjury. Any person who commits perjury is liable to imprisonment for fourteen years.
When can an accused be discharged?
P.C.: When accused shall be discharged : (1) If upon taking all the evidence referred to in section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.
When can a discharge application be filed?
Under the Criminal Procedure Code, 1973, the Discharge Application is the remedy that is granted to the person who has been maliciously charged. If the allegations which have been made against him are false, this Code provides the provisions for filing a discharge application.
What is inquest report under section 174?
Section 174 of the Code of Criminal Procedure, 1973 (“the Code”) provides for preparation of inquest report in case a person has committed suicide, or has been murdered or killed by an animal, machinery or in an accident, or has died under suspicious circumstances.
Can postmortem be done without FIR?
if a person met with an road accident and taken first aid in govt hospital and rushed to pvt hospital for higher treatment and died there itself . if a common man doesnot know law procedure . No FIR has been given and postmortem not done .
What are the three types of criminal procedure?
The sentence refers to the punishment for the crime. Punishment – A defendant may be punished in one of three ways: fine, probation, or jail time. Appeal – After being convicted of a crime, the defendant has a right to appeal the conviction.
Is Criminal Procedure Act still applicable in Nigeria?
Thus, the ACJ Act, 2015 repealed the CPA, CPC and the Administration of Criminal Justice Act3. Substantially, the provisions of the Act preserved the existing criminal procedure systems.
What is Section 27 of the Criminal Code?
27 (1) Where an offender is entitled by this Part or the regulations to make representations in relation to a decision to be taken by the Service about the offender, the person or body that is to take the decision shall, subject to subsection (3), give the offender, a reasonable period before the decision is to be …
What is Section 26 of the Criminal Code?
26 Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.
What are the grounds for discharge of accused?
Essential elements for Discharge:
Thereafter the arguments of both the Prosecution and the Accused should be heard. Grounds against the accused to be baseless There should not be any evidence present against the accused. If the Court considers that there is no prima facie case against the accused.
What is difference between discharge and acquittal?
Acquittal is a verdict in the criminal case that the accused is not guilty of the offence. On the other hand, discharge is an order given by the Magistrate that there are not enough grounds to lead the proceedings further against the accused. Discharge of the accused takes place, prior to the framing of charges.
How do you discharge a criminal case?
The Court have to consider the Charge sheet and documents appended thereto by the Police under Section 173, Cr. P.C: •The Magistrate may, if he deems fit, examine the Accused. Thereafter the arguments of both the Prosecution and the Accused should be heard.
Under what circumstances an accused may be discharged?
When the accused appears or is brought before the Magistrate, and if the Magistrate, upon consideration of the record of the case and the documents submitted therewith and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity …
Can FIR be used as evidence?
The FIR is not substantive evidence, but it can be used to corroborate the informant under Section 157 of the Evidence Act, or to contradict him under Section 145 of the Act, if the informant is called as a witness at the time of trial.
What is the difference between inquest report and post mortem report?
Details of Injuries of Deceased- The report of inquest is primarily intended at finding out the nature of injuries and the apparent cause of death, while the doctor who holds post-mortem examination examines the body of the deceased from the medico legal point of view and accordingly it is the post-mortem report that …
In what cases autopsy is mandatory?
In most states, autopsies may also be ordered if there is a belief that the death represents a significant public health concern (such as from a threatening infectious disease), if a person inexplicably dies who was not under medical care, who was receiving medical care from a physician for less than 24 hours, or if a …
What is the difference between autopsy and postmortem?
A post mortem examination is a medical examination carried out on the body after death. It is also called an autopsy (which means ‘to see for oneself’).
What are the 5 sources of criminal procedure?
The sources of procedural criminal law are, besides the Constitution, the revised Penal Code of 1930, the New Rules of Court of 1964 Part III, IV, special laws, certain presidential orders, and letters of instruction.
Whats the difference between criminal law and criminal procedure?
Criminal law generally defines the rights and obligations of individuals in society. Criminal procedure generally concerns the enforcement of individuals’ rights during the criminal process.
What year is Criminal Procedure Act in Nigeria?
44 of 1970. It was incorporated as Cap 80 Laws of the Federation of Nigeria (LFN) 1990 and later as Cap. C 41 LFN 2004. The Criminal Procedure Act is the principal enactment governing criminal procedure in the Southern States of Nigeria.
What is Section 24 of the Criminal Code?
24 (1) Every one who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence.
What is Section 25 of the Criminal Code?
Use of Force by Police
Under section 25(1), a police officer is justified in using force to effect a lawful arrest, as long as the officer acts on reasonable and probable grounds, and uses only as much force as reasonably necessary in the circumstances.