Questions and answers on law Part 37

Q 1:-  What is difference between O 12 R 6 and O 15 R 1 of CPC?

Ans:- Rule 1 Order XV of Code of Civil Procedure 1908 "Parties not at issue"

Where at the first hearing of a suit it appears that the parties are not at issue on any question of law or of fact, the Court may at once pronounce judgment.

O 12 R 6. of CPC Judgment on admissions.—(1) Where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the Court may at any stage of the suit, either on the application of any party or of its own motion and without waiting for the determination of any other question between the parties, make such order or give such judgment as it may think fit, having regard to such admissions.

The object of both the rules is to enable a party speedy judgment. Judgment on admission can be invoked at any stage of proceeding. O 15 R 1 is available at only at the first hearing of a suit.

Q 2:- As per which provision appellate court can exercise all powers of trial court in criminal proceeding?

Ans: Section 386 in The Code Of Criminal Procedure, 1973 -Powers of the Appellate Court. 

Q 3:- Whether court should obtain bond or bail from accused if he is discharged by court?

Yes, As per S 437 A of CRPC.

437A. BAIL TO REQUIRE ACCUSED TO APPEAR BEFORE NEXT APPELLATE COURT.

In my opinion court should obtain bail from accused if he is discharged by court, if  appeal is preferred against order of discharge of accused, 

Q 4 :- What is the difference between Section 354 and 509 of IPC?

Ans: Section 354 of IPC provides for punishment for the offence of Assault or criminal force to woman with intent to outrage her modesty. Whereas section 509 of IPC provides punishment for the Word, gesture or act intended to insult the modesty of a woman.

Offence under section 509 of IPC completes as soon as the accused makes certain sound or gesture even though he does not use criminal force or make assault.  For attracting offence under section 354 of IPC use of force or assault is necessary.

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