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Sarkar on The Code of Criminal Procedure (2 Volume Set)

 S.C. Sarkar

2015

9789351434627

11 Ed

Hardback

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Description
Sarkar's Commentary on the Code of Criminal Procedure enjoys the reputation of being one of the most authoritative publications on the subject. Authenticity, originality and reliability have always been the hallmarks of this publication and every possible care has been taken in this edition to maintain the original excellence, quality and unique style of the work.
The Code of Criminal Procedure deals with the dynamics of enforcement. It is the law in its dynamic aspect—the law in motion. Substantive law cannot achieve its objective effectively without the assistance of procedural law which makes the law of procedure occupy a pivotal role in the effective functioning of the criminal justice system. This edition has been thoroughly updated to include all latest and notable decisions of the Supreme Court and various High Courts, as well as current developments in the law relating to criminal procedure in India.
In recent years, there has been a number of judicial pronouncements settling the position on a multitude of legal issues. In Lalita Kumari v. Govt. ofU.R, AIR 2014 SC 187 : (2014) 2 SCC 1, a five Judge Bench of the Supreme Court held that registration of an FIR is mandatory under S. 154 of the Code, if the information discloses commission of a cognizable offence, and no preliminary inquiry is permissible in such a situation. Action must be taken against erring officers who do not register the FIR if information received by them discloses a cognizable offence. Similarly, in Hardeep Singh v. State of Punjab, AIR 2014 SC 1400 : (2014) 3 SCC 92, another five Judge Bench of the Supreme Court has held that the word 'evidence' in S. 319 of the Code means only such evidence as is made before the Court. It is only such evidence that can be taken into account by the Magistrate or the Court to decide whether power under S. 319 of the Code is to be exercised and not on the basis of material collected during investigation. In Sangeet v. State ofHaryana, AIR 2013 SC 447 : (2013) 2 SCC 452, the Supreme Court clarified that a prisoner serving a life sentence has no indefeasible right to release on completion of either fourteen years or twenty years imprisonment. A convict undergoing life imprisonment is expected to remain in custody till the end of his life, subject to any remission granted by the appropriate Government under S. 432 of the Code. In Shatrughan Chauhan v. Union of India, 2014 CrLJ 1327 (SC) : (2014) 3 SCC 1, the Supreme Court has held that if there is undue, unexplained and inordinate delay in execution of death sentence, the Supreme Court is well within its powers under Art. 32 to hear the grievance of the convict and commute the death sentence into life imprisonment on this ground alone after satisfying that the delay was not caused at the instance of the accused himself. In this case, the Supreme Court laid down detailed guidelines for safeguarding the interest of the death row convicts. Similarly, in Arnesh Kumar v. State ofBihar, AIR 2014 SC 2756 : (2014) 8 SCC 273, the Supreme Court gave directions to ensure that police officers do not arrest accused unnecessarily and Magistrates do not authorise detention casually and mechanically. The points enumerated above are only some of the matters which have been discussed in this edition.
Contents
Volume I

1.    Preliminary
2.    Constitution of criminal courts and offices
3.    Power of courts
4A.  Powers of superior officers of police
B.    Aid to the magistrates and the police
5.    Arrest of persons
6.    Processes to compel appearance
7.    Processes to compel the production of things
7A.  Reciprocal arrangements for assistance in certain matters and procedure for attachment and forfeiture of property
8.    Security for keeping the peace and for good behaviour
9.    Order for maintenance of wives, children and parents
10.  Maintenance of public order and tranquillity
11.  Preventive action of the police
12.  Information to the police and their powers to investigate
13.  Jurisdiction of the criminal courts in inquiries and trials
14.  Conditions requisite for initiation of proceedings
15.  Complaints to magistrates
16.  Commencement of proceedings before magistrates
17.  The charge
Volume II
18.  Trial before a court of session
19.  Trial of warrant-cases by magistrates
20.  Trial of summons-cases by magistrates
21.  Summary trials
21A.Plea bargaining
22.  Attendance of persons confined or detained in prisons
23.  Evidence in inquiries and trials
24.  General provisions as to enquiries and trials
25.  Provisions as to accused persons of unsound mind
26.  Provisions as to offences affecting the administration of justice
27.  The judgment
28.  Submission of death sentences for confirmation
29.  Appeals
30.  Reference and revision
31.  Transfer of criminal cases
32.  Execution, suspension, remission and commutation of sentences
33.  Provisions as to bail and bonds
34.  Disposal of property
35.  Irregular proceedings
36.  Limitation for taking cognizance of certain offences
37.  Miscellaneous
Schedule - Forms
Subject Index

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