CrPC Section 31
Section 31 of the Criminal Procedure Code (CrPC), 1973
Appeal to High Court against Orders of Magistrate in Certain Cases
Text of Section 31 (in brief):
When any Magistrate refuses to record a confession or statement, or refuses to take any other action authorized by the CrPC, the aggrieved party may appeal to the High Court against such refusal.
Detailed Explanation:
1. Context and Purpose:
Section 31 empowers an aggrieved party to challenge certain orders passed by a Magistrate which may affect the investigation or trial.
This is important for safeguarding the rights of the accused and the complainant by providing a higher forum for review.
2. Scope of Appeal:
The appeal can be filed only against specific types of orders, such as:
Refusal by the Magistrate to record a confession or statement under the CrPC.
Refusal to take any other action authorized under the CrPC.
3. Procedure:
The appeal lies directly to the High Court, bypassing lower appellate forums.
This ensures speedy and effective redressal of grievances related to Magistrate’s orders.
4. Importance:
It acts as a check on the powers of Magistrates, ensuring they do not refuse lawful actions arbitrarily.
It safeguards the procedural rights of parties involved in criminal proceedings.
Practical Example:
Suppose a Magistrate refuses to record a confession made by the accused, which could be critical evidence.
The party interested in the confession can file an appeal before the High Court under Section 31 to direct the Magistrate to record it.
Summary Table:
| Aspect | Details |
|---|---|
| Authority | High Court |
| Against Orders of | Magistrate’s refusal to record confession or authorized actions |
| Purpose | To challenge refusal and seek remedy |
| Scope | Specific orders refusing to take action under CrPC |
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