What is a section 212 statement?
Many section 212(4) statements received from state laboratories (e.g. ballistic reports, DNA reports etc.) currently expresses the conclusions of the deponents. Such conclusions indicate that the deponent formed an opinion with regards his analysis.
What is Section 204 of the Criminal Procedure Act?
Section 204 of the Criminal Procedure Act is used when the state requires a person who may have been a party to a crime to testify against others. The state’s justification for sacrificing a conviction against the witness is that without offering indemnity, it may not secure any convictions at all.
What is the name of Act 51 of 1977?
The Criminal Procedure Act 51 of 1977
The Criminal Procedure Act 51 of 1977 intends: to make provision for procedures and related matters in criminal proceedings.
What is 313 CRPC examination?
Accused is examined in every enquiry or trial by enabling him to explain personally to circumstances appearing in evidence against him. Section 313 of Criminal Procedure Code, 1973 envisages power of the trial court to examine the accused to explain evidence adduced against him.
What are Schedule 6 Offences?
Schedule 6 offences include murder, including premeditated murder, the killing of a law enforcement officer, or killing as a result of rape or robbery with aggravating circumstances. Also falling in this category is rape, which includes gang rape or rape by a suspect who knows he is HIV-positive.
What are Schedule 1 Offences in South Africa?
| OFFENCE | SCHEDULE 1 |
|---|---|
| Theft | (i) Theft (common law or statutory provision) up to R1 500 |
| Receiving stolen property | Receiving stolen property up to R1 500 |
| Fraud, corruption, extortion | Fraud, corruption, extortion up to R1 500 |
| Robbery | Robbery without aggravating circumstances up to R1 500 |
What is a Schedule 5 Offence?
19 Offences listed in Schedule 5 of the Criminal Procedure Act 51 of 1977, as amended, including treason, and forms of murder, attempted murder, and rape and a number of drug and corruption-related offences.
Is IPC 313 bailable?
IPC 313 is a Non-Bailable offence.
What CrPC 319?
Section 319 CrPC: Summoning Power Should Be Exercised Only When Strong And Cogent Evidence Occurs Against A Person: Supreme Court. The Supreme Court observed that the power under Section 319 of the Criminal Procedure Code should be exercised only when strong and cogent evidence occurs against a person from the evidence …