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Case Law |
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POLICE DIARIES AND STATEMENTS BEFORE THE POLICE
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When accused is entitled to see Police diaries or statement of a witness recorded by Police
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Instructions regarding dispatch of Police diaries and their translation with the records of criminal cases to the High Court
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Use of Police diary by Court
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Use of statement of witness made before Police; when accused may get its copies
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Method of contradicting a witness with previous statement
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Use of First Information Report for purposes of corroboration of statement
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Confession made by accused to Police is admissible in evidence if it has led to discovery of any fact
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Dying declaration excluded from operation of section 162, Cr.P.C
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CHAPTER 13
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CONFESSIONS AND STATEMENTS OF ACCUSED PERSONS
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Statements of accused at various stages explained
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Use of confession of accused during Police trial recorded by Magistrate
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Presumption attached to confessions recorded by Magistrate and its evidential value. Safeguards provided in law to obtain a voluntary and precisely recorded confession
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Important features of Section 164, Criminal Procedure Code
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Form prescribed for recording confessions
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Instructions for recording confessions
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7-A When remanding to the lock-up an
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Accused who has made a confession should not be kept in Police custody, but should be kept in Judicial lock-up separate from other prisoners
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8-A Accused can be questioned generally on the case only after prosecution evidence has been finished
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Accused can be examined to explain the prosecution evidence against him and not to fill up gaps in that evidence
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Failure to examine accused at the close of prosecution evidence vitiates the trial
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Written statement of accused
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Mode of recording examination of accused
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When evidence may be led to prove that accused duly made the confession or statement
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Instructions about recording confessions
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CHAPTER 14
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APPROVERS
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Definition
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When pardon may be tendered and by whom
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Reasons for tendering pardon should be recorded and extent of pardon explained to the intended approver
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Omitted
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Testimony of an approver generally requires corroboration for conviction
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Omitted
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If approver gives false evidence he can be tried for the offence and also for perjury
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Approver should be kept in judicial custody until close of trial
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CHAPTER 15
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PROCEEDINGS AGAINST ABSCONDERS AND RECORD OF EVIDENCE IN THEIR ABSENCE
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PART A
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MEASURES TO ENFORCE APPEARANCE
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Attachment and sale of property
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Proclamation
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Consequences of non-appearance of proclaimed person; Sale of property
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Directions for sale. Only life interest can be sold in certain cases
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Property or its proceeds may be given to absconder if he appears before Court
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PART B
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