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Reading: Section 476 CrPC: Forms & Procedures – Code of Criminal Procedure
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ApniLaw > Blog > Bare Act > CrPC > Section 476 CrPC: Forms & Procedures – Code of Criminal Procedure
CrPC

Section 476 CrPC: Forms & Procedures – Code of Criminal Procedure

Apni Law
Last updated: June 8, 2024 11:25 pm
Apni Law
1 year ago
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Section 476 CrPC: Forms & Procedures – Code of Criminal Procedure

Contents
1. State the code2. Explain it3. Illustrate it4. Common Questions and Answers

1. State the code

Section 476 of the Code of Criminal Procedure (CrPC) deals with the powers of a Magistrate to take cognizance of offences on the basis of a complaint from a court or tribunal.

2. Explain it

This section empowers a Magistrate to initiate criminal proceedings if a court or tribunal finds that a person has committed an offence while conducting its proceedings. This typically arises when there is evidence suggesting perjury, fabrication of evidence, or other criminal acts committed during the course of a legal process.

Here’s a breakdown:

  • Court or Tribunal: This refers to any court or tribunal established by law.
  • Cognizance: This means taking note of an offence and initiating an investigation.
  • Complaint: A written statement by the court or tribunal detailing the alleged offence.
  • Magistrate: The designated judicial officer who has the authority to take cognizance of the complaint.

3. Illustrate it

Imagine a civil case where a witness is found to have lied under oath. The court, recognizing this as perjury, can send a complaint to the Magistrate under Section 476 CrPC. The Magistrate then examines the complaint and can proceed to investigate the perjury case.

4. Common Questions and Answers

  • Q: What happens after a Magistrate takes cognizance?
    A: The Magistrate will investigate the matter and, if enough evidence is found, proceed with the trial against the accused person.
  • Q: Can a Magistrate refuse to take cognizance?
    A: Yes, if the Magistrate finds that the complaint is frivolous or lacks sufficient evidence, they can refuse to take cognizance.
  • Q: What are the implications of an offence under Section 476 CrPC?
    A: Depending on the nature of the offence (e.g., perjury, fabricating evidence), the accused person could face various punishments, including imprisonment and fines.

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TAGGED:Code of Criminal ProcedureCriminal LawCriminal Procedure CodeFormsForms and ProceduresIndian Criminal LawIndian LawLawLegalLegal FormsLegal ProceduresProceduresSection 476 CrPC
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Previous Article Section 66 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Service When Persons Summoned Cannot Be Found Section 60 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Discharge Of Person Apprehended.
Next Article Section 479 CrPC: Judge or Magistrate’s Personal Interest – Cases & Legal Analysis
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