Section 105L CrPC: Application of Chapter – Code of Criminal Procedure

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Section 105L CrPC: Application of Chapter – Code of Criminal Procedure

1. State the Code

Section 105L of the Code of Criminal Procedure (CrPC) states that the provisions of Chapter XIV of the CrPC, relating to the “Procedure for Trial” apply to all offences triable by a Magistrate.

2. Explain the Code

Section 105L is a crucial provision that ensures consistency and uniformity in the trial of all offenses dealt with by Magistrates. It outlines the specific procedures that must be followed during the trial process, including:

  • The commencement of the trial
  • The examination of witnesses
  • The recording of evidence
  • The arguments of both parties
  • The judgment delivered by the Magistrate

3. Illustrate the Code

Imagine a case where a person is accused of theft before a Magistrate. Section 105L mandates that the trial of this case must adhere to the provisions of Chapter XIV of the CrPC. This means the Magistrate must follow the specific procedures laid down in this chapter, including:

  • Issuing summons to the accused
  • Framing charges against the accused
  • Examining witnesses for both the prosecution and the defense
  • Recording the evidence and arguments presented by both sides
  • Delivering a judgment based on the evidence and arguments presented

These procedures ensure a fair and impartial trial for all offenses dealt with by Magistrates.

4. Common Questions and Answers

Q. What are the provisions of Chapter XIV of the CrPC?

Chapter XIV outlines the detailed procedures for conducting trials by Magistrates, including summoning witnesses, recording evidence, hearing arguments, and delivering judgments.

Q. Does Section 105L apply to all offences?

No, Section 105L specifically applies only to offences that are triable by a Magistrate, not to offences that are triable by a higher court like a Sessions Court or High Court.

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Q. What are the benefits of having a codified procedure for trials?

A codified procedure ensures consistency and fairness in the trial process, preventing arbitrary decisions by Magistrates and ensuring that all accused persons are treated equally before the law.

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