Q) Governor, Regarding the arrest of governor- during his
term of office is Governor is immune to criminal proceedings, he cannot be
arrested or imprisoned. But civil proceedings can be instituted against him
during his term of office by giving two months notice.
My question is Why only for civil cases, not for
criminal?Even though criminal proceedings not instituted for personal acts?
COGNIZABLE V/S NON-COGNIZABLE
o
Previous conversation here:
http://mentorspeak.blogspot.in/2015/03/what-are-cognizable-non-cognizable.html
o
An offence is called as cognizable, when the
police officer can take 'cognizance' of the 'crime' and take further action.
The further action, is most of the cases is to arrest the suspect
o
Non-cognizable means, an offence, which the
police officer cannot take congnizance as an offence. He cn merely record the
incident, and then report to the nearest Magistrate/judge. Then the court
decides if that action amounts to a crime or not.
o
For example, when a govt servant demands a
document from you, and you refsue to privide. It is an criminal offence. But,
it can be taken cognizance only by a court, after hearing the details from the
police.
o
Whereas, a murder is a cognizable offience,
means, the police can himself/hrself come to an conclusion that its a crime and
act accordingly.
CRIMINAL PROCEEDING V/S CIVIL PROCEEDING
o
The state charges a person, of an act which is
deterimental to the state
o
if the dispute is between two individuals its a
civil dispute!!
o
yes, state is represented by the governor, or
the president. So, the governor or president can't book a case on themselves!!
o
Thats why criminal proceedinsg can't be
initiated on head of the state!!
o
all the proceedings of individuals and state
need not be criminal in nature!! But, all criminal proceeisngs are always
bwteeen state and the individual!!
o
Criminal proceedings are subset of big set
between govt and individuals!
FIR v/s Chargesheet
o
First information report, is when the police
records any communication made to them on occurance of an offence.
o
Charge sheet is a formal complaint on the crime
committed filed by the police before the court.
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