Articles - Legal Studies

Constitution of India (COI)

Article 20(2) - Acquitted person cannot be tried for same offences on the same facts.

Article 20(3) - Right against Self Incrimination

Article 32 - Concurrent Original Jurisdiction (Writ for Supreme Court, to enforce fundamental rights)

Article 124(4) - President's power to remove the Judges with special majority from the Parliament

Article 129 - Makes SC a Court of Record

Article 132(1) - Appeal from HC to SC in Const. Cases (ONLY IF UNDER ARTICLE 134-A, HC CERTIFIES THAT THERE IS A SUBSTANTIAL QUESTION OF LAW)

Article 133 - Appeal from HC to SC in Civil Cases

Article 134 - Appeal from HC to SC in Crim. Cases

Article 136 - Powers of the Supreme Court to grant Special Leave to appeal from any judgement, decree or order

Article 141 - Law passed by SC is binding on all courts within India

Article 143 - Special Advisory Jurisdiction

Article 214 - There shall be a HC for each state

Article 215 - HC is a court of record

Article 226 - Writ Petitions for High Court

Article 227 - Writ Petitions for High Court

Article 233 - Min 7 years experience practicing to become a District Judge, appointed by Governor

Article 234 - HC has to be consulted when appointing anyone else in the judicial service

Code of Civil Procedure (CPC)

Section 10 - Res Sub Judice (A court cannot hear the same suit when it is being heard by another court)

Section 11 - Res judicata (Subsequent suits can be made upon the First suit)

Code of Criminal Procedure (CRPC)

Section 2(A) - All offences > 3 years are non-bailable

Section 2(G) - Inquiry

Section 2(x) - Warrant Case

Section 9 - Sessions Court exists for every Sessions Division

Section 11 - Establishment of JMs

Section 15 - JMs are subordinate to Sessions Judge and CJM

Section 16 - Courts of Metropolitan Magistrates

Section 17 - Courts of Chief Metro Magistrates

Section 18 - Special Metropolitan Magistrates

Section 29 - JM of the First Class cannot pass punishment which exceeds 3 years, fine of 10k or both

Section 50 - Arrested is to be informed of ground of arrest

Section 50A - Arrested can inform person nominated by him about the arrest (Right to lawyer also)

Section 51 - Arrested person may be searched

Section 53 - Police can send arrested for medical

Section 54 - Medical Examination Request

Section 57/167 - Accused must be produced to the Magistrate within 24 hours of arrest

Section 93(1)(c) - General Search Warrant

Section 154 - Statement of the informant is treated as FIR

Section 154(3) - Police cannot refuse to take FIR, if they do so, aggrieved can write letter to SI

Section 155 - Non-cognizable offences are to be recorded

Section 190(1) - Allows the Magistrate to take cognizance of a Private Complaint

Section 225 - All trials before a Sessions Court be conducted by a PP

Section 260-265 - Summary Trials

Section 300 - Acquitted person cannot be tried for same offences on the same facts.

Section 309 - There must be no delay in the proceedings of the Court

Section 436 - If person has been detained/arrested without warrant, he can be bailed (at court's disc)

Section 438 - Anticipatory Bail