Section 45 of the Code of Criminal Procedure (CrPC) is a provision in India's criminal procedure law. It pertains to the withdrawal of cases by the government or public prosecutor. Here's a brief overview of Section 45:
Withdrawal by the government: According to Section 45(1), the government may, at any time before the judgment is pronounced, direct the public prosecutor to withdraw from the prosecution of any case. The government can exercise this power if it deems it expedient in the interests of justice or the public.
Withdrawal by the public prosecutor: Section 45(2) allows the public prosecutor to withdraw from the prosecution of any case if they are of the opinion that there are no reasonable grounds for continuing the prosecution.
Procedure for withdrawal: If the government or public prosecutor decides to withdraw from the prosecution of a case, they must inform the court of their decision. The court may then require the accused person, the complainant, or their respective representatives to be heard before accepting the withdrawal.
It's important to note that while the government or public prosecutor may have the power to withdraw a case under Section 45, the final decision rests with the court. The court will consider the interests of justice and any representations made by the accused person or complainant before accepting the withdrawal.
In India, the term "CRPC" refers to the Code of Criminal Procedure. Section 45 of the Code of Criminal Procedure, 1973 (CrPC) pertains to the "opinion of a medical practitioner in cases of rape." It outlines the procedure for conducting a medical examination of a rape victim and obtaining the medical practitioner's opinion regarding the victim's injuries and other relevant factors.
Section 45 states that in cases of rape, the investigating officer should request a registered medical practitioner to conduct a medical examination of the victim. The medical practitioner is required to prepare a detailed report of the examination, including observations about the victim's injuries, signs of recent sexual activity, and other relevant details.
The medical practitioner's opinion and findings can be crucial in the investigation and prosecution of rape cases, as it provides medical evidence and documentation of the victim's condition. This section aims to ensure a proper and sensitive examination of rape victims and the collection of relevant medical evidence to assist in the legal proceedings.
In India, the term "CRPC" refers to the Code of Criminal Procedure. Section 45 of the Code of Criminal Procedure (CrPC) pertains to the power of the police to arrest a person who is suspected of committing a cognizable offense.
Under Section 45, a police officer may arrest a person without a warrant if the officer has a reasonable suspicion that the person has committed a cognizable offense or is about to commit such an offense. However, the officer must have credible information or reasonable grounds for suspicion before making an arrest.
Additionally, Section 45 lays down certain guidelines to be followed during the arrest process. It states that if the person to be arrested is a woman, the arrest should be made by a woman police officer, or if a woman police officer is not available, then the arrest should be made with the help of a female relative or companion of the woman. Similarly, for a male person, the arrest should be made by a male police officer.
It's important to note that the specific provisions and procedures may vary depending on the jurisdiction within India, as different states may have their own local amendments or interpretations of the Code of Criminal Procedure.
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