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Vol 21 No 10 Oct/Nov 2016

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The Code of Criminal Procedure Relating to Procedure in the Criminal Courts of British India: With Notes Containing the Opinions Delivered by All the Superior Local Courts


ISBN13: 9781108046152
Published: June 2013
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £34.99



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Henry Thoby Prinsep (1792-1878), a colonial administrator who reached the highest rank in the East India Company and its successor, the Council of India, published this Code of Practice in 1866: the third edition of 1869, reissued here, was necessitated by new legislation in that year. (Prinsep's earlier work, Origin of the Sikh Power in the Punjab, is also reissued in this series.) In the preface to this work, written as a guide for local magistrates and administrators, Prinsep states his intent to present, in a convenient form, all the rules of procedure in the criminal courts of British India. Each stage of the process is annotated with explanatory material, and case law and precedents are also cited where appropriate. Appendices contain further relevant legislation, such as rules on extradition and the conduct of the police. An index of cases cited and a general index are also provided.

Subjects:
Legal History
Contents:
Preface to the third edition
1. Of definitions
2. Of the jurisdiction of criminal courts
3. Preliminary rules
4. Of the summons
5. Of the warrant and its execution
6. Of arrest without warrant
7. Of escaping and re-taking
8. Of search warrant
9. Preliminary enquiry by the police
10. Of contempts and disobedience of orders
11. Prosecutions in certain cases
12. Of preliminary enquiry by the magistrate in cases triable by the Court of Session
13. Of the charge
14. Of cases triable by the magistrate on which a warrant on complaint may issue
15. Of cases triable by the magistrate on which a summons on compliant shall ordinarily issue
16. Of enquiries and trials before the subordinate magistrates
17. Place where preliminary investigations and trials are held, an open court
18. Of recognizance and security to keep the peace
19. Security for good behaviour
20. Of local nuisances
21. Of the maintenance of wives and children
22. Of disputes relating to the possession of land or the right of use of any land or water
23. Of juries and assessors
24. Of subordinate judges and principal sudder ameens in the presidency of Fort Saint George
25. Trials before the Court of Sessions
26. Finding judgment, and sentence
27. Of lunatics
28. Sudder Court as a court of reference
29. Sudder Court as a court of revision
30. Appeals
31. General rules
Appendix of forms
Schedule
Contents of appendices.