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Sections 164 and 161 Crpc

Section 164  Crpc

Section 164 CrPc deals with the recording of statements and confessions of witnesses or accused persons by a Judicial Magistrate. This section is important in criminal proceedings as it lays down the procedure for recording statements and confessions before a Magistrate.Section 164  and section 161 of the Code of Criminal Procedure (CrPC) 1973 are important in evidence.

The section provides that any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any statement or confession made to him in the course of an investigation or inquiry under the CrPC or under any other law for the time being in force, relating to any offence.

The Magistrate must ensure that the statement or confession is made voluntarily and without any threat or inducement. He must also explain to the person making the statement or confession that he is not bound to make it and that it may be used as evidence against him.

The statement or confession must be recorded in the language in which it was made, and the Magistrate must sign the record and also the person making the statement or confession may sign it if he wishes to do so.

The recorded statement or confession can be used as evidence in any inquiry or trial in any case, subject to the rules of evidence. However, if the person making the statement or confession retracts it later, the court must consider the reasons for the retraction and other relevant circumstances before deciding whether to rely on it as evidence or not.

In summary, Section 164 CrPC provides for the recording of statements and confessions of witnesses or accused persons before a Magistrate in a manner that ensures their voluntary and truthful nature, and such recordings can be used as evidence in criminal proceedings.

statement  under Section 164 of the Code of Criminal Procedure, 1973 (“Cr.P.C”) cannot be used as a substantive piece of evidence and can only be used for the purpose of either contradicting or corroborating the witness. Somasundra @ Somu vs. State (2020) 7 SCC 722 .

On the other hand Section 161 Crpc  deals with the power of the police to examine witnesses during an investigation. The section states that:

Any police officer making an investigation under this chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

The police officer may reduce into writing any statement made to him in the course of an examination under this section, and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.

In simple terms, this section empowers the police to examine witnesses during an investigation and require them to answer questions truthfully. However, the witnesses are protected from answering any questions that may incriminate them. Additionally, any statements made by the witnesses during the examination can be reduced to writing and used as evidence in court.

In criminal trials these two sections are very important as contradictions in statements given by witnesses under section 164 and 161 are put to test during trial and forms the most important basis of cross examination .

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Board Resolution passed by Companies

BOARD RESOLUTION – ESSENTIAL ELEMENTS

A board resolution is a formal document that records the decisions and actions taken by the board of directors of a company. The specific ingredients of a  resolution may vary depending on the nature of the decision being made and the requirements of the company’s governing documents and applicable laws and regulations. However, some common elements of a resolution include:

  1. Heading: The heading of the  resolution should include the name of the company, the date on which the resolution was passed, and a reference to the section of the law or the company’s governing documents under which the resolution is being passed.
  2. Introduction: The introduction should provide some background information on the matter being considered, including any relevant facts or circumstances that led to the decision.
  3. Resolution clause: This clause should clearly state the decision being made by the board. It should be specific and unambiguous, and should include any necessary details such as the amount of funds being allocated, the terms of a contract, or the appointment of a new officer.
  4. Voting: The resolution should also include information about the voting process, including the number of directors who voted in favor, against or abstained from voting.
  5. Signatures: The  resolution should be signed by the chairman of the meeting, and by all the directors who participated in the meeting.
  6. Record keeping: It is important to ensure that the resolution is properly recorded and maintained as part of the company’s official records.

In summary, a  resolution should be clear, concise, and accurate, and should reflect the decisions and actions taken by the board in accordance with the company’s governing documents and applicable laws and regulations.

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Conditions for grant of bail

        CONDITIONS FOR GRANT OF BAIL

The Hon’ble  Supreme Court has  time and again laid down principles in relation to exercise of discretionary power for grant of bail, particularly, when the bails are refused by the Courts below.

While considering the application for bail Courts always   consider the following conditions prior to grant of bail.

i)nature of the charge,
ii)the nature of the evidence,
iii)the severity of punishment to which the accused may be liable if convicted,
iv)the antecedents of the man applying for bail that might suggest that he is likely to commit serious offences while on bail.

The Hon’ble Apex Court in the case of Ash Mohammad v. Shiv Raj Singh, (2012) 9 SCC 446 observed as under:

“17. We are absolutely conscious that liberty of a person should not be lightly dealt with, for deprivation of liberty of a person has immense impact on the mind of a person. Incarceration creates a concavity in the personality of an individual. Sometimes it causes a sense of vacuum. Needless to emphasise, the sacrosanctity of liberty is paramount in a civilised society. However, in a democratic body polity which is wedded to the rule of law an individual is expected to grow within the social restrictions sanctioned by law. The individual liberty is restricted by larger social interest and its deprivation must have due sanction of law. In an orderly society an individual is expected to live with dignity having respect for law and also giving due respect to others’ rights. It is a well-accepted principle that the concept of liberty is not in the realm of absolutism but is a restricted one. The cry of the collective for justice, its desire for peace and harmony and its necessity for security cannot be allowed to be trivialised. The life of an individual living in a society governed by the rule of law has to be regulated and such regulations which are the source in law subserve the social balance and function as a significant instrument for protection of human rights and security of the collective. It is because fundamentally laws are made for their obedience so that every member of the society lives peacefully in a society to achieve his individual as well as social interest. That is why Edmond Burke while discussing about liberty opined, “it is regulated freedom”.

  1. It is also to be kept in mind that individual liberty cannot be accentuated to such an extent or elevated to such a high pedestal which would bring in anarchy or disorder in the society. The prospect of greater justice requires that law and order should prevail in a civilised milieu. True it is, there can be no arithmetical formula for fixing the parameters in precise exactitude but the adjudication should express not only application of mind but also exercise of jurisdiction on accepted and established norms. Law and order in a society protect the established precepts and see to it that contagious crimes do not become epidemic. In an organised society the concept of liberty basically requires citizens to be responsible and not to disturb the tranquillity and safety which every well-meaning person desires.

Not for nothing J. Oerter stated:

“Personal liberty is the right to act without interference  within the limits of the law.”
  1. Thus analysed, it is clear that though liberty is a greatly cherished value in the life of an individual, it is a controlled and restricted one and no element in the society can act in a manner by consequence of which the life or liberty of others is jeopardised, for the rational collective does not countenance an anti-social or anti-collective act.

Conclusion

The grant of bail in exercise of discretionary power of the Court         is  necessarily exercised in a judicious manner and not as a matter         of  course. Therefore it can be concluded that  prior to grant of           bail ,  precautions are exercised by courts considering that life and       personal liberty of those who live in society are not jeopardised .

Author- Tapan Choudhury, Advocate
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What is the Urgent Essay?

An urgent essay is a brief essay that is written in a brief time frame. They’re meant to online sentence check be answered in the shortest period of time possible. An urgent article usually has to be submitted within 3 days of submission.

Urgent essays are amazing for first-time

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Use Social Gaming Websites to Play Free Slots in Free Casino Slot Games

You can offer no-cost casino slot games to entice prospective players to play more slot games. It’s also vk video downloader a great way to introduce new players to the slot machines. There is a jackpot waiting to be won. When the time comes to get your reward you will find an enormous amount of money waiting to be won.

Casinos that offer free slot games for fun should not be trusted. These games are simply an enticement to keep people coming back to play slots. The player may get carried away and play more than is necessary. There are a few tricks one can use to determine which games have bonus rounds. Players can take advantage of these bonus features to increase his money.

Multi-deck games and bonus rounds contain numerous cards that can be played. The majority of games have twenty-two to forty two cards in multi-deck games. These cards have scatter symbols. The scatter symbols signal that there are a lot of prizes to be won. The winner must accumulate a certain amount of cash prior to the next draw. This means that the odds of winning are slightly increased.

Mobile slots games also come with bonus rounds. This is also the case for the other types of slots games. The goal is to accumulate as much money as you can within a short amount of time. The player can play with coins, credits or even the scratch cards to play these games.

Progressive slots have the potential to win ten thousand dollars. This game requires you to add the combinations that produce the word “maximise”. The progressive slot machine displays symbols on the reels that indicate what’s happening on the monitor screen. The symbols flash on the screen when the jackpot prize is near to being won.

The reels are made up of vertical bars and horizontal bars. When they reach a particular number, the symbols flash onscreen. The symbols flash onscreen, and the jackpot is determined by the contents of each reel. In real money games, players have to add the payouts from every machine that pays to be able to hit the jackpot prize. In the casino games that are free for fun, the pay table displays the value of all the machines in the game.

Free online slot games for fun also have progressive jackpots that increase with each spin. If the player bets high, their chances of winning are increased. Progressive jackpots could have lower limits than real-money slot games. Bonus offers and related information is displayed on screen when the player wins. There are additional features available in some casino slot games, such as free coins when the jackpot prize is won. These bonuses are not available on all machines, and some are only available for certain machines.

In free slots games for fun, the bonuses and other promotions may only be offered for a certain time. Progressive jackpots can offer larger prizes over pasijans pauk a shorter time period. Some slot games offer cumulative jackpots, which can be won after a specific number of spins.

Some of these progressive slot games that are fun to play have special prizes. There are usually free spins after a certain number of spins. You may be able to redeem credits to win cash or prizes on other slots. There are also slots for free with bonuses that award players free spins after a specific number of spins. These can be credited to your virtual casino account. You can also earn points playing free slots. These points can be converted into credits that can be used to purchase or win in other slot machines.

When playing in free casino slot games to have fun, the player should be aware of the best way to play the machine in order to get the maximum enjoyment. Players should always bet according to the odds and not on the pay line. The pay line is the lowest of all bets. It determines the odds of a certain game. So, betting on the pay line is essentially betting that you’ll win a jackpot prize. Betting on odds is more beneficial as it allows you to have a better chance of winning.

Players should also know how to connect their Facebook accounts to their mobile devices. This lets them chat with friends and play free casino slots. Since many social gaming websites allow third-party apps to be used on mobile devices, players can also access games via mobile devices. These are just a few of the many things you can accomplish with Facebook connectivity to mobile devices.

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