Monday, April 4, 2016

Would it not be a discrimination by conferring different forums in different states for trials of certain same Offences under IPC ??

Why does there exist typical difference in respect of forum for trial of certain offences like those under sections 326, 409, 466, 467, 468, 471, 472, 473, 475, 476, 477 and 477A etc.in IPC from State to State ?? Can it be justified in Laws ? Would it not be a discrimination by conferring different forums in different states for trials of certain same Offences under IPC ?? For Instance, The Code of Criminal Procedure (Madhya Pradesh Amendment) Act, 2007, came into force with effect from 22nd February 2008. The amendment interalia changed the forum for the trial of offences punishable under sections 317, 318, 326, 363, 363-A, 365, 377, 392, .393, 394, 409, 435, 466, 467, 468, 471, 472, 473, 475, 476, 477 and 477A, from that of a Court of Magistrate of First Class to that of a Court of Sessions. Whereas offences punishable under Sections 326, 409, 466, 467, 468, 471, 472, 473, 475, 476, 477 and 477A etc. are triable by Courts of The Magistrate in Gujarat and other states of India !

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