Cognizable And Non Cognizable Offences - Free Essay Example

Sample details Pages: 5 Words: 1616 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Cognizable offences have been defined under Section 2 (c) of the Criminal Procedure Code as follows; 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. A non-cognizable offence has been defined under Section 2 (l) of the Criminal Procedure Code as follows, non-cognizable offence means an offence for which, and non-cognizable case means a case in which, a police officer has no authority to arrest without warrant. Now which offence falls under the category of cognizable offences and which falls under the category of non-cognizable offences can be determined as per the classification given in the First Schedule of the Criminal Procedure Code. The First Schedule has classified all acts punishable under the Indian Penal Code, 1860 into Cognizable and non-cognizable offences. Although the Co de in itself does not give any reasoning as to this classification, certain patterns can be traced if the First schedule is studied carefully. All offences which have a punishment of more than 3 years under the Indian Penal Code are considered to be cognizable offences and all offences which have a punishment of less than 3 years are non-cognizable offences. Subsequently, it can be deduced that non-cognizable offences are relatively less serious in nature than cognizable offences. Consequently, in case of cognizable offences, the police officers can arrest the accused person without any warrant or authority issued by a magistrate. They can initiate investigation on their own accord and they neednt wait for the prior permission of a magistrate. In fact, they have a legal duty to initiate investigations. This duty has been endowed upon them by Section 156(1) of the Criminal Procedure code which reads; Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. Section 156 (2) further reads, No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate. On the other hand, police officers necessarily need prior permission of a magistrate to initiate investigations in cases of non-cognizable offences. Non cognizable offences are considered more in the nature of private wrongs and therefore the collection of evidence and the prosecution of offender are left to the initiative and efforts of private citizens. Bailable and Non-bailable offences Section 2 (a) of the Criminal Procedure Code defines bailable and non-bailable offences as an offence which is shown as bailable in the First Schedule, or which is m ade bailable by any other law for the time being in force; and non-bailable offence means any other offence In here too, the code does not give any reason as to on what criteria has such classification been based upon. It just lays down a seemingly arbitrary classification of the same. However, it can be logically deduced that all serious offences are non-bailable whereas all less serious offences are bailable. Similarly, all offences which have a punishment of more than 3 years under the Indian Penal Code are considered to be non-bailable offences and all offences which have a punishment of less than 3 years are bailable offences. This too is subject to the exception of existence of a contrary law. If a person accused of a bailable offence is arrested or detained without warrant he has a right to be released on bail. In case he is accused of a non-bailable offence, then his bail is subject to the discretion by the authorities. Warrant case and Summons Case According to Sec tion 2 (x) of the Criminal Procedure Code, a warrant-case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. According to Section 2 (w) of the Criminal Procedure Code, a summons case means a case relating to an offence, not being a warrant case. This classification helps to determine the type of trial procedure to be adopted in the case. Naturally, the trial procedure in case of a warrant case is much more elaborate than that of a summons case. This classification is also useful at the stage of issuing process to the accused person in the first instance. CHAPTER II NEED FOR RECLASSIFICATION OF OFFENCES The current classification of offences has been a major cause for the high incidence of arbitrary and unnecessary arrest in our country. The scheme of classification is outdated and redundant. There is a serious need for revaluation for the classification between cognizable and non-cognizable and bailable and non-bailable offences. The nature and quantum of punishment attached to these offences also needs to be revaluated. It is not that the idea for reclassification has never come up before, but given the present situation of our judicial system, it becomes all the more relevant that it be done now. For instance, many minor offences against property are still classified as non-bailable, whereas it is evident that classifying them as compoundable offences and relying on methods such as plea-bargaining may be more effective and agreeable to address the injury caused by the same  [1]  . Also, it has been noted that the major portion of the backlog cases in the courts consists of regulatory offences such as dishonour of cheques, traffic violations, etc. Now, these acts were made offences under special laws whereby the legislature had felt that in lieu of public policy, these acts were better off classified as criminal even though they are more akin to civil wrongs. However, the fact that they will create a maximum backlog was envisaged by neither party. Hence, there is a need for an informed study and revaluation of criminal laws. It has been suggested that the offences be classified into a) The Social Welfare Code, b) The Correctional Code, c) The Criminal code and d) the Economic and other offences code. This approach of classifying the offences as per their nature is considered to be far more useful than a blanket categorization of offences. This re-classification is proposed to be done on the basis of the gravity of the offences, appropriate procedures for investigation and dispute-resolution as well as the proportionate nature and quantum of fines and punishments. CHAPTER III RECOMMENDATIONS OF THE MALIMATH COMMITTEE Considering the need for reclassification of offences, the Malimath committee gave the following recommendations for the same. Its primary recommendation was to remove the distinction between cognizable and non-c ognizable offences and make it obligatory on the Police to investigate all offences in respect of which a complaint is made. However, this is not a very practical option as it will lead to a further backlog of cases and will increase the burden on the police. Section 262 of the Criminal Procedure Code provides for the procedure for summary trials, Section 263 provides for the record in summary trials and Section 264 provides for judgement in cases tried summarily. The Malimath committee recommended increasing the number of cases falling within the category of cases trialable by following the summary procedure presented by Sections 262 to 264. It also recommended increasing the number of offences that fall under the category of Petty Offences which can be dealt with by following the procedure prescribed by Section 206 of the Code. Section 206 reads If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 260, t he Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to the accused requiring him either to appear in person or by pleader before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear by pleader and to plead guilty to the charge through such pleader, to authorise, in writing, the pleader to plead guilty to the charge on his behalf and to pay the fine through such pleader: Provided that the amount of the fine specified in such summons shall not exceed one hundred rupees. (2)   For the purposes of this section, petty offence means any offence punishable only with fine not exceeding one thousand rupees, but does not include any offence so punishable under the Motor V ehicles Act, 1939, (4 of 1939) or under any other law which provides for convicting the accused person in his absence on a plea of guilty. It advocated increasing the number of offences, for which an arrest neednt be made and increasing the number of offences where arrest can be made only with the order of the court and reducing the number of cases where arrest can be made without an order or warrant form the Magistrate. The Malimath committee further recommended increasing the number of offences which are bailable and reducing the number of offences which are not bailable. A compoundable offence is one in which the trial court can compound the offence and dispose the case without trial. A non-compoundable offence is an offence in which the court cannot compound the case without trial. A compoundable offence is always a lesser degree offence punishable with a shorter jail term or fine. The Malimath Committee recommended increasing the number of offences that can be brought within the category of compoundable offences, to encourage settlements without trials. CONCLUSION Don’t waste time! Our writers will create an original "Cognizable And Non Cognizable Offences" essay for you Create order

Immigraton in the U.S. Essay - 1261 Words

Immigration in the U.S. While immigration has played an important role in the building and formation of America, new federal laws have resulted in mass immigration. â€Å"America was primarily founded on immigrants, however, immigration must be controlled legally, and immigrants should be treated equally despite what country they come from. America has the most liberal laws towards immigrants than any other country.† Luis Barker, Chief Patrol Agent In-Charge, US Border Patrol, El Paso, TX. Throughout history, Congress has enacted laws and has had to amend them to control the flow of both legal and illegal migration to the United States. In 1948, legislation was first enacted in an effort to†¦show more content†¦Under IRCA 2.7 illegal aliens mostly from Mexico were given legal immigrant status. These new laws opened the door to the longest and largest wave of immigration ever-27 million since 1965, including illegal entries. The visa waiver pilot program (VWPP) is designed to extend reciprocity to the countries that permit US citizens to visit their countries without the need of a tourist visa. To date a total of twenty-nine countries are signatory to the treaty. In order to qualify, countries must have a low rate of non-immigrant overstays to the US, and must have state of the art machine readable passports. 2 Prior to the enactment of IRCA, marriage fraud between non-citizens and US citizens was rampant and out of control. Measures were put in place to reduce this by requiring couples to submit proof to INS. This proof must show that the couple has been living together and submitted ninety days prior to the second anniversary. If the couple fails to establish that the marriage is valid, the non-citizen will not become a lawful permanent resident and will be faced with and order of deportation. The only exception, is that the non-citizen cannot be the subject of spousal abuse and be expected to remain in the marriage forShow MoreRelated Immigraton Laws Essay1572 Words   |  7 Pages Immigraton Laws The first immigrants to the territory now the United States were from Western Europe. The first great migration began early in the 19th century when large numbers of Europeans left their homelands to escape the economic hardships resulting from the transformation of industry by the factory system and the simultaneous shift from small-scale to large-scale farming. At the same time, conflict, political oppression, and religious persecution caused a great many Europeans to seek freedomRead MoreThe New York Times By Steven Greenhouse Spreads Light On Discrimination1179 Words   |  5 Pagesfact that their parents, grandparents, and past generations alike are foreign to the land they live in and were immigrants to America themselves. When in fact according to a MIP study â€Å"approximately 80 million people, or one quarter of the overall U.S. population, is first or second generation immigrants†. The discrimination is vast and touches every surface of society. One article in the New York Times by Steven Greenhouse spreads light on discrimination in the workplace, showing statistics that

Catholic Sacraments Free Essays

string(181) " the Catholic Church mentions in the following orders different names of the sacrament, calling it the sacrament of conversion, Penance, confession, forgiveness and Reconciliation\." The Sacraments of the Catholic Church are, the Church teaches, efficacious signs of grace, instituted by Christ and entrusted to the Church, by which divine life is dispensed to us. The visible rites by which the sacraments are celebrated signify and make present the graces proper to each sacrament. They bear fruit in those who receive them with the required dispositions. We will write a custom essay sample on Catholic Sacraments or any similar topic only for you Order Now † Though not every individual has to receive every sacrament[-0], the Church affirms that, for believers as a whole, the sacraments are necessary for salvation, as the modes of grace divinely instituted by Christ[-1] Himself. Through each of them Christ bestows that sacrament’s particular grace, such as incorporation into Christ and the Church, forgiveness of sins, or consecration for a particular service. The Church teaches that the effect of a sacrament comes by the very fact of being administered, regardless of the personal holiness of the minister administering it. However, a recipient’s own lack of proper disposition to receive the grace conveyed can block the effectiveness of the sacrament in that person. The sacraments presuppose faith and through their words and ritual elements, nourish, strengthen and give expression to faith. The Catechism of the Catholic Church[-2] lists the sacraments as follows: â€Å"The whole liturgical life of the Church revolves around the Eucharistic sacrifice and the sacraments. There are seven sacraments in the Church: Baptism[-3], Confirmation[-4], Eucharist[-5], Penance[-6], Anointing of the Sick[-7], Holy Orders[-8], and Matrimony[-9]. † Baptism[-10] is the first and basic sacrament of Christian initiation. Baptism is usually conferred today by pouring water three times on the recipient’s head, while reciting the baptismal formula: â€Å"I baptize you in the name of the Father and of the Son and of the Holy Spirit[-11]. † The ordinary minister of the sacrament is a bishop or priest, or a deacon. In case of necessity[-12], anyone intending to do what the Church does, even if that person is not a Christian, can baptize. The sacrament frees from original sin[-13] and all personal sins, and from the punishment ue to them. Baptism makes the person share in the Trinitarian life of God through â€Å"sanctifying grace[-;14]†, the grace of justification that incorporates the person into the body of Christ and his Church, also making the person a sharer in the priesthood of Christ. It imparts the theological virtues[-15]: faith[-16], hope[-17], and charity[-18] and the gifts of the Holy Spirit, and marks the baptized person with a spiritual seal or character that indicates pe rmanent belonging to Christ. Baptism is the foundation of communion between all Christians. The many symbols of baptism include a white garment, symbolizing innocence and purity, a candle, symbolizing the Light of Christ, the Oil of Chrism, which is used to anoint the baby or candidate being baptized, and the water, which symbolizes cleansing and the washing away of sin. Confirmation is the second sacrament of Christian initiation. It is called Confirmation because it confirms and strengthens baptismal grace. It is conferred by â€Å"the anointing[-;19] with Sacred Chrism[-;20], which is oil mixed with balsam and consecrated by the bishop, which is done by the laying on of the hand of the minister who pronounces the sacramental words proper to the rite. These words refer to a gift of the Holy Spirit[-;21] that marks the recipient as with a seal. Through the sacrament the grace given in baptism is strengthened and deepened. Like baptism, confirmation may be received only once, and the recipient must be in a state of grace meaning free from any known unconfessed mortal sin[-;22] in order to receive its effects. The originating minister of the sacrament is a validly consecrated bishop[-;23]; if a priest confers the sacrament and in special cases, the link with the higher order is indicated by the use of oil blessed[-;24] by the bishop on Holy Thursday[-;25] itself or on a day close to it. In the East, which retains the ancient practice, the sacrament is administered by the parish priest immediately after baptism. In the West, where administration is normally reserved for those who can understand its significance, it came to be postponed until the recipient’s early adulthood; but in view of the earlier age at which children are now admitted to reception of the Eucharist, it is more and more restored to the traditional order and administered before giving the third sacrament of Christian initiation. The Eucharist is the sacrament, the third of Christian initiation, completes Christian initiation by which Catholics partake of the Body and Blood of Jesus[-26] Christ and participate in his one sacrifice. The first of these two aspects of the sacrament is also called Holy Communion. The bread which must be wheaten and wine which must be from grapes used in the Eucharistic rite are, in Catholic faith, transformed in all but appearance into the Body and Blood of Christ, a change that is called transubstantiation[-27]. That is, Catholics believe they are sacramentally, though not physically, eating and drinking the human flesh and blood of Jesus Christ. Only a bishop[-28] or priest[-29] is enabled to be a minister of the Eucharist, acting in the person of Christ himself. Deacons[-30] as well as priests are ordinary ministers of Holy Communion, and lay people may be authorized in limited circumstances to act as extraordinary ministers of Holy Communion. The Eucharist is seen as â€Å"the source and summit† of Christian living, the high point of God’s sanctifying action on the faithful and of their worship of God, the point of contact between them and the liturgy of heaven. So important is it that participation in the Eucharistic celebration is seen as obligatory on every Sunday and holy day of obligation[-;31] and is recommended on other days. Also recommended for those who participate in the Mass is reception, with the proper dispositions, of Holy Communion. This is seen as obligatory at least once a year, during Eastertide. The Sacrament of Penance is the first of two sacraments of healing. The Catechism of the Catholic Church mentions in the following orders different names of the sacrament, calling it the sacrament of conversion, Penance, confession, forgiveness and Reconciliation. You read "Catholic Sacraments" in category "Papers" It is the sacrament of spiritual healing for a baptized person from the distancing from God resulting from sins committed. If a man sins after baptism, he cannot have baptism as a remedy; Baptism, which is a spiritual regeneration, cannot be given a second time. Reconciliation involves four elements: Contrition the Penitent’s sincere remorse for wrongdoing or sin, repentance, without which the rite has no effect; Confession to a Priest with the faculty to hear confessions while it may be spiritually helpful to confess to another, only a Priest has the power to administer the sacrament, Absolution by the Priest, and, Satisfaction or Penance. Many sins wrong our neighbor. One must do what is possible in order to repair the harm. Simple justice requires as much. But sin also injures and weakens the sinner himself, as well as his relationships with God and neighbor. Absolution takes away sin, but it does not remedy all the disorders sin has caused. Raised up from sin, the sinner must still recover his full spiritual health by doing something more to make amends for the sin: he must make satisfaction for or expiate his sins. This satisfaction is also called penance. In early Christian centuries, this element of satisfaction was quite onerous and generally preceded absolution, but now it usually involves a simple task for the penitent to perform, to make some reparation and as a medicinal means of strengthening against further temptation. The priest is bound by the seal of confession[-32], which is inviolable. Accordingly, it is absolutely wrong for a confessor in any way to betray the penitent, for any reason whatsoever, whether by word or in any other fashion. A confessor who directly violates the sacramental seal incurs an automatic excommunication whose lifting is reserved to the Holy See[-33]. In some dioceses, certain sins are reserved which means only certain confessors can absolve them. Some sins, such as violation of the sacramental seal, consecration of bishops without authorization by the Holy See, direct physical attacks on the Pope[-34], and intentional desecration of the Eucharist are reserved to the Holy See. A special case-by-case faculty from the Sacred Penitentiary[-35] is normally required to absolve these sins. Anointing of the Sick[-36] is the second sacrament of healing. In this sacrament a priest anoints the sick with oil blessed specifically for that purpose. The anointing of the sick can be administered to any member of the faithful who, having reached the use of reason, begins to be in danger by reason of illness or old age. A new illness or a worsening of health enables a person to receive the sacrament a further time. When, in the Western Church, the sacrament was conferred only on those in immediate danger of death, it came to be known as Extreme Unction[-37], Final Anointing, administered as one of the Last Rites. The other Last Rites are Confession if the dying person is physically unable to confess, at least absolution, conditional on the existence of contrition, is given, and the Eucharist, which when administered to the dying is known as Viaticum[-38], a word whose original meaning in Latin[-39] was provision for a journey. Holy Orders[-40] is the sacrament by which a man is made a bishop[-41], a priest[-42], or a deacon[-43], and thus dedicated to be an image of Christ[-44]. A bishop is the minister of this sacrament. Ordination as a bishop confers the fullness of the sacrament, making the bishop a member of the body of successors of the Apostles, and giving him the mission to teach, sanctify, and govern, along with the care of all the Churches. Ordination as a priest configures the priest to Christ the Head of the Church and the one essential High Priest, and conferring on him the power, as the bishops’ assistant, to celebrate the sacraments and other liturgical acts, especially the Eucharist. Ordination as a deacon configures the deacon to Christ the Servant of All, placing him at the service of the bishop, especially in the Church’s exercising of Christian charity towards the poor and preaching of the word of God. Aspirants to the priesthood are required by canon law[-45] to go through a seminary[-46] program that includes, as well as graduate level philosophical and theological studies, a formation program that includes spiritual direction[-47], retreats[-48], apostolate experience, etc. The course of studies in preparation for ordination as a permanent deacon is decided by the Episcopal conference[-49] concerned. Matrimony[-50], or Marriage, like Holy Orders, is a sacrament that consecrates for a particular mission in building up the Church, and that provides grace for accomplishing that mission. This sacrament, seen as a sign of the love uniting Christ and the Church, establishes between the spouses a permanent and exclusive bond, sealed by God. Accordingly, a marriage between baptized[-51] people, validly entered into and consummated, cannot be dissolved. The sacrament confers on them the grace they need for attaining holiness in their married life and for responsible acceptance and upbringing of their children. As a condition for validity, the sacrament is celebrated in the presence of the local Ordinary[-52] or Parish Priest[-53] or of a cleric delegated by them or in certain limited circumstances a lay person delegated by the diocesan Bishop with the approval of the Episcopal Conference[-54] and the permission of the Holy See[-55] and at least two other witnesses, though in the theological tradition of the Latin Church the ministers of the sacrament are the couple themselves. For a valid marriage, a man and a woman must express their conscious and free consent to a definitive self-giving to the other, excluding none of the essential properties and aims of marriage. If one of the two is a non-Catholic Christian, their marriage is licit only if the permission of the competent authority of the Catholic Church is obtained. If one of the two is not a Christian, the competent authority’s dispensation is necessary for validity. How to cite Catholic Sacraments, Papers

The Rise and Fall of the Capital Maintenance Doctrine

Question: Discuss about The Capital Maintenance Doctrine. Answer: Maintenance of Capital Doctrine Maintenance of capital doctrine provides safeguard to the shareholders and the investors of the company. It started in mid 19th century by the companies of England to build up the interest of peoples to invest in their companies. They get a protection and under that the shares cannot be purchased back by the company who has issued those shares into the market to attract the investors so that the capital of the company can be increased (Accounting tools, 2013). The amount received by the company after selling the shares or debentures can only be used in further trading of the company nothing else than that. The reason for stopping the company to purchase its own share is that if they buy back the shares issued by them then they can simply pay off the investors and they can also reduce overall capital of the company (Tomasic, 2015). This can reduce the value of the shares of the company and shareholders can suffer a loss without any strong reason. Therefore, the amount received by comp any in form of investment in shares they are only allowed to invest that money in further trading and they cannot use it to pay off their debts (SSM, 2017). In a case Trevor vs. Whitworth, (1887) the court said that the capital of a company should be saved for the benefits of its creditors only and it should not be used in any other work except the one mentioned. Doctrine of Capital Maintenance restricts the liability of shareholders to the extent of the value of their shares in the company. This creates a confidence in investors mind about their money which is being invested. As result of maintenance of capital doctrine the Corporation Act of Australia prohibits few things they are. 1. Under section 256 B, share capital of the company is reduced. 2. Under section 254 T, dividend is distributed among the share holder by the company. 3.Under section 257 A to 257 J and 259 A, company is allowed to take back its own shares. In current scenario of Australia, dividend payment is based on English system where it is paid off from the profits of the company. But this system created a lot problem for the companies. Maintenance of capital doctrine is still followed in Australia but with some implementations. There is no surety by the company that its capita amount will remain same, it may be reduced in course of business / transactions. Maintenance of capital doctrine has benefitted few companies, now company having limited shares can work with little capital. It was more effective during the period of 20th century. References Trevor v Whitworth (1887) 12 AC 409 Tomasic, R. (2015). The Rise and Fall of the Capital Maintenance Doctrine in Australian Corporate Law. Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2604018 [Accessed on 22/01/2017] SSM. (2017). Capital maintenance rules and share capital: simplifying and streamlining provisions applicable to the reduction of capital, share buyback and financial assistance. Retrieved from https://www.ssm.com.my/en/clrc/consultation-document/cd8 [Accessed on 22/01/2017] Accounting Tools. (2013). What is Capital Maintenance? Retrieved from https://www.accountingtools.com/questions-and-answers/what-is-capital-maintenance.html [Accessed on 23/01/2017]