What are Criminal Proceedings?

Learn about various sections with Manisha Koirala

Case Breakdown: Movie Sangdil Sanam

The scene that you just saw shows Sanam (played by Manisha Koirala) teaching the inspector some sections of the criminal proceedings. She mentions under section 366, his husband (played by Salman Khan) can’t be arrested. She goes on to say under section 41 and under section 166 can lead to imprisonment of the inspector himself.

In this blog, Learning Perspectives will explore the meaning of criminal procedure under various sections.

What is Criminal Procedure?

There are two types of proceedings namely Civil and Criminal. Conduct in criminal cases are more serious than in the civil cases. Civil proceedings generally deal with disputes between parties. Criminal proceedings deal with offense against a party. It means breaking a law established by the government.

Similar to the scene that we saw, which shows how Sanam lists down various sections that allow Kishan (played by Salman Khan) to not get arrested. Let’s understand the various sections in detail.

Section 366:

This section deals with kidnapping, abducting or compelling a women for marriage.

Whoever kidnaps or abducts any woman with an intent

  • To compel and marry any person against her will.
  • To force or seduce to have illicit intercourse.

This behavior would entail an imprisonment for a term which may be extended to ten years, and shall also be liable for a fine.

Section 41:

This section deals with arresting without a warrant. A police officer can arrest someone:

  • Who has been concerned in any cognizable offense, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned.
  • One who has been proclaimed as an offender either under this Code or by order of the State Government;
  • The one who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody.
  • and the one who is reasonably suspected of being a deserter from any of the Armed Forces of the Union.
Section 166:

A public servant or police officer knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offense or any other.

  • If he knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation, or
  • fails to record any information given to him under sub section (1) of section 154 shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine.

References: https://indiankanoon.org/doc/1899251/

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