A judgement of a court which finds that a person is not guilty of the crime with which they have been charged.
|Appeal to Higher Courts
Appeal can be filed by party aggrieved by judgement on acquittal / conviction / sentence.
A bailable offence is one in which bail is matter of right, and non-bailable offence is one, in which granting of bail is discretion of the court.
It is defined in Section 2(a) of the Code of Criminal Procedure 1973 as “an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force”.
A charge is an accusation made against a person in respect of an offence alleged to have been committed by him. Section 2(b) Code of Criminal Procedure defines “Charge” as: “Charge” includes any head of the charge when the charge contains more head than one.
Chargesheet is the final investigation report submitted byt the investigating agencies to the magistrate for proving an offence.
A cognizable offence is an offence in which a police officer can make an arrest without a warrant whereas, a non-cognizable offence is one where a police officer cannot make an arrest without a warrant.
Section 2(c) of the Code of Criminal Procedure 1973 states that a “ ‘cognizable offence’ means an offence for which, and ‘cognizable case’ means a case in which a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant”.
Whereas, Section 2(l) of the Code of Criminal Procedure 1973 provides that a “ ‘non-cognizable offence’ means an offence for which, and ‘non-cognizable case’ means a case in which a police officer has no authority to arresnt without warrant”.
Section 2(d) of the Code of Criminal Procedure of 1963 defines the term complaint as “any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report”.
Someone who is aggieved by the act/alleged offence.
A conviction is the judgement that results when a court of law finds a defendant guilty of a crime.
Code of Criminal Procedure 1973
|Judgement of the Court
The final decision of the court with reasons given in support of the acquittal or conviction of the accused is known as judgement.
“Offence” shall mean any act or omission made punishable by any law for the time being in force. [Section 40. Indian Penal Code 1860 and Section 2(n) Code of Criminal Procedure 1973]
|Onus of Proof
Responsibility of proving something is true in court.
Under the Criminal Procedure Code, 1973, the Discharge Application is the remedy that is granted to the person who has been maliciously charged. If the allegations which have been made against him are false, this Code provides the provisions for filing a Discharge Application.