Sunday, November 16, 2014

The Second Schedule (Forms) Cr.P.C

Section 476:
Subject to the power conferred by Article 227 of the Constitution, the forms set forth in the Second Schedule, with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.
Form No Particulars
Form No 1Summons to an Accused Person
Form No 2Warrant of Arrest
Form No 3Bond and Bail-Bond after Arrest under a Warrant
Form No 4Proclamation requiring the appearance of a Person Accused
Form No 5Proclamation requiring the attendance of a Witness
Form No 6Order of attachment to compel the attendance of a Witness
Form No 7Order of attachment to compel the appearance of a Person Accused
Form No 8Order authorising an attachment by the District Magistrate or Collector
Form No 9Warrant in the first instance to Bring up a Witness
Form No 10Warrant to search after information of a particular Offence
Form No 11Warrant to search suspected place of Deposit
Form No 12Bond to keep the peace
Form No 13Bond for good behaviour
Form No 14Summons of information of a probably breach of the peace
Form No 15Warrant of commitment on failure to find security to keep the peace
Form No 16Warrant of commitment on failure to find security for good behaviour
Form No 17Warrant to discharge a person imprisoned on failure to give security
Form No 18Warrant of imprisonment of failure to pay maintenance
Form No 19Warrant to enforce the payment of maintenance by Attachment and Sale
Form No 20Order for the removal of nuisances
Form No 21Magistrate’s Notice and Preemptory Order
Form No 22Injunction to provide against imminent danger pending inquiry
Form No 23Magistrate’s Order prohibiting the repetition, etc., of a nuisance
Form No 24Magistrate’s Order to prevent obstruction, Riot, etc.
Form No 25Magistrate’s Order declaring party entitled to retain possession of Land, etc., in dispute
Form No 26Warrant of attachment in the case of a dispute as to the possession of Land, etc
Form No 27Magistrate’s Order prohibiting the doing of anything on Land or Water
Form No 28Bond and Bail-Bond on a preliminary inquiry before a Police Officer
Form No 29Bond to prosecute or give Evidence
Form No 30Special summons to a person accused of a Petty Offence
Form No 31Notice of commitment by Magistrate to Public Prosecutor
Form No 32Charges
Form No 33Summons to witness
Form No 34Warrant of commitment on a sentence of imprisonment or fine if passed by a Court
Form No 35Warrant of imprisonment on failure to pay compensation
Form No 36Order requiring production in Court of Person in Prison for answering to charge of offence
Form No 37Order requiring production in Court of Person in Prison for giving evidence
Form No 38Warrant of commitment in certain cases of contempt when a fine is imposed
Form No 39Magistrate’s or Judge’s Warrant of Commitment of Witness refusing to answer or to produce Document
Form No 40Warrant of commitment under sentence of death
Form No 41Warrant after a commutation of a sentence
Form No 42Warrant of execution of a sentence of death
Form No 43Warrant to levy a fine by Attachment and Sale
Form No 44Warrant for recovery of fine
Form No 44 ABond for appearance of offender released pending realisation of fine
Form No 45Bond and bail-bond for attendance before officer in charge of police station or Court
Form No 46Warrant to discharge a person imprisoned on failure to give security
Form No 47Warrant of attachment to enforce a bond
Form No 48Notice to surety in breach of a bond
Form No 49Notice to surety of forfeiture of bond for good behaviour
Form No 50Warrant of attachment against a surety
Form No 51Warrant of commitment of the surety of an accused person admitted to bail
Form No 52Notice to the principal of forfeiture of bond to keep the peace
Form No 53Warrant to attach the property of the principal on breach of a bond to keep the peace
Form No 54Warrant of imprisonment on breach of a bond to keep the peace
Form No 55Warrant of attachment and sale on forfeiture of bond for good behaviour
Form No 56Warrant of imprisonment on forfeiture of bond for good behaviour

Wednesday, October 15, 2014

Substantive & Procedural Law

Substantive law defines, in regard to a specific subject, the legal rights and relationship of people with other people or as between them and the state.Thus, murder is an offence under Indian penal code (IPC) and is defined there in. The IPC also provides for punishment for the crime. 
This is known as substantive law, Similarly, the provision of the Indian contract Act,1872, are substantive in nature, procedural law (Eg: Cr.PC, 1973) deals with the methods and means by which substantive law is made and administered. It lays down the rules governing the manner in which a rights is enforced under civil law (such as the Indian penal code).
Thus, provision of substantive law defines rights and duties, while procedural law provides the machinery for enforcing those rights and duties.

Monday, August 11, 2014

Domestic Violence & Sec 498-A of IPC, 1860




Note: There are many instances of Sec 498-A of IPC, 1860 being misused. The provisions of Acts /Statutes should not be meant for misuse or to harass the other party (i.e. men). Sec 498-A of IPC, 1860 is meant for the protection of the Married Women form Matrimonial Cruelty.



The following are the forms of Domestic violence:

  • Harms or injures or endangers the health, safety, life or limb.
  • Physical abuse, sexual abuse, verbal and emotional abuse and economic abuse.
  • Harassment, harm, injures or any unlawful demand for any dowry or other property or valuable security.
  • Humiliation, insult, ridicule specially with regard to not having a child or a male child