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A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details.
A detective is an investigator, usually a member of a law enforcement agency. They often collect information to solve crimes by talking to witnesses and informants, collecting physical evidence, or searching records in databases. This leads them to arrest criminals and enable them to be convicted in court. A detective may work for the police or privately.
An arrest is the act of apprehending and taking a person into custody, usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest.
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Court bail may be offered to secure the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may be charged with the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded.
A citizen's arrest is an arrest made by a private citizen – a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.
A criminal record is a record of a person's criminal convictions history. The information included in a criminal record and the existence of a criminal record varies between countries and even between jurisdictions within a country. In most cases it lists all non-expunged criminal offences and may also include traffic offences such as speeding and drunk driving. In most countries a criminal record is limited to unexpunged and unexpired actual convictions, while in some it can also include arrests, charges dismissed, charges pending and charges of which the individual has been acquitted. The term rap sheet refers to Record of Arrest and Prosecution, similar to a criminal record.
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.
A first information report (FIR) is a document prepared by police organisations in many South and Southeast Asian countries, including Myanmar, India, Bangladesh and Pakistan, when they receive information about the commission of a cognisable offence, or in Singapore when the police receive information about any criminal offence. It generally stems from a complaint lodged with the police by the victim of a cognisable offence or by someone on their behalf, but anyone can make such a report either orally or in writing to the police, so it is necessary to know about cognisable offences. These are serious criminal offences that pose an immediate danger to society such as murder, rape, or robbery.
Misprision of felony is a form of misprision, and an offence under the common law of England that is no longer active in many common law countries. Where it was or is active, it is classified as a misdemeanor. It consists of failing to report knowledge of a felony to the appropriate authorities. Exceptions were made for close family members of the felon and where the disclosure would tend to incriminate the reporter himself.
The Police and Criminal Evidence Act 1984 (PACE) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public. Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence Order 1989 (SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995.
Under Indian criminal law, there is a provision for anticipatory bail under Section 438(1) of the Criminal Procedure Code. Law Commission of India in its 41st report recommended to incorporate this provision in procedure code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.
The Scheduled Castes and the Scheduled Tribes Act, 1989 was enacted by the Parliament of India to prevent atrocities and hate crimes against the scheduled castes and scheduled tribes. In popular usage, including in parliamentary debates and in the judgements of the Supreme Court of India, it is referred to as the SC/ST Act. It is also referred to as the 'Atrocities Act', POA, and PoA.
Sister Abhaya, a Knanaya Catholic sister, was found dead in a well filled with water in St Pius X Convent in Kottayam on March 27, 1992. Investigation into this death is by far the longest running murder investigation in the State of Kerala.
In policing on the Indian subcontinent, a chargesheet is prepared after first information reports (FIRs), and charges an individual for the crimes specified in those reports.
The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) was the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
The Maharashtra Control of Organised Crime Act, 1999 is a law enacted by the state of Maharashtra in India in 1999 to combat organised crime and terrorism. Known as 'MCOCA', the Act provides the State Government with special powers to tackle these issues, including powers of surveillance, relaxed evidentiary standards and procedural safeguards, and prescribing additional criminal penalties, including the death penalty. The law was introduced by a coalition government of the Bharatiya Janata Party and Shiv Sena.
The Criminal Law (Amendment) Act, 2013 is an Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences. The Bill received Presidential assent on 2 April 2013 and was deemed to be effective from 3 February 2013. It was originally an Ordinance promulgated by the President of India, Pranab Mukherjee, on 3 February 2013, in light of the protests in the 2012 Delhi gang rape case.
A community service register is a register maintained in every Indian police station for a non-cognisable offence. If the offence is a cognisable offence, then a First Information Report (FIR) is created and registered. A CSR is also called a daily diary report or diary report.
The Section 228A of the Indian Penal Code was inserted into the Indian Penal Code 1860 by the Criminal Law amendment Act 1983 by the Parliament of India to prevent social victimization or ostracism of the victim of a sexual offence. The law provides for up to two years imprisonment with or without fine for those who reveal the identity of victims of sexual abuse in public. The law has been amended subsequently to add more sections of the Indian Penal Code under its purview.
References
- ↑ James Vadackumchery (1 January 1997). Indian Police and Miscarriage of Justice. APH Publishing. p. 12. ISBN 978-81-7024-792-0 . Retrieved 9 April 2014.
- ↑ Sayeed Raas Maswod. Intellectual Property Law of Bangladesh in a Nutshell. Lulu.com. p. 117. ISBN 978-0-557-64210-6 . Retrieved 9 April 2014.
- ↑ "What is an FIR?" (PDF). Commonwealth Human Rights Initiative. Retrieved 5 May 2014.
- ↑ Sunil Goel (2005). Courts, Police Authorities & Common Man. Sunil Goel. p. 117. ISBN 978-81-907218-0-6 . Retrieved 9 April 2014.
- ↑ Doel Mukerjee; Maja. "First Information Report (F.I.R)" (PDF). Commonwealth Human Rights Initiative . Retrieved 5 May 2014.
- ↑ "Police can't dodge FIR if cognizable offence is disclosed". The Hindu . 12 November 2013. Retrieved 5 May 2014.
- ↑ Abhinav Prakash; American Law Institute (2007). Code of Criminal Procedure. Universal Law Publishing. pp. 88–89. GGKEY:YAA8ZAH3645. Retrieved 5 May 2014.
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