Report No. 141

Need for Amending the Law as Regards Power of Courts to Restore Criminal Revisional Applications and Criminal Cases Dismissed for Default in Appearance

Contents
Chapter I	Introductory
1.1.1	Perspective of the Report
1.2.	The 'two' situations giving rise to injustice are
2.	Need for remedial measures
3.	An illustration of hardship
4.	Need for examination of the matter
Chapter II	Statutory Provisions
2.1.	Provisions of the Code
2.	Position resulting from section 362
3.	Absence of power
4.	Conflicting views and their genesis
5.	Urgent need to resolve the conflict
Chapter III	Judicial Decisions as to Dismissal for Default of Criminal Matters
3.1.	Scope of the Chapter
2.	Decisions of High Courts holding that power exists to restore criminal matters dismissed for default
3.	Another Allahabad case
4.	A Bombay Case
5.	A Calcutta case: Dismissal of revision petition
6.	A Gauhati case: Dismissal of revision for default-not a "final order"
7.	A Madras case: Dismissal of appeal by High Court: no judgment
8.	A Patna case
9.	A Rajasthan case regarding dismissal of revision
10.	Dismissal for default: No power to restore criminal matters according to some High Courts
11.	Another Andhra case and a Himachal case
12.	A Kerala case: dismissal of revision
13.	A Madras case: dismissal of revision
14.	Another Madras case: dismissal of revision
15.	A third Madras case: dismissal of revision
16.	Supreme Court case of 1962
17.	Supreme Court case of 1977
18.	Supreme Court judgment of 1979
19.	Position arising in the context of 1986 judgment of Supreme Court
20.	What flows from aforesaid judgments of Supreme Court
Chapter IV	Position in Relation to Dismissal for Default of Maintenance Cases and the Restoration thereof
4.1.	Section 125, Cr. P.C., 1973
2,3.	A Punjab case as to maintenance
4.	Effect of proposed amendment
Chapter V	Position in Regard to Acquittal in the Context of Complainant's Non-Appearance in Summons Cases
5.1.	Position under section 256
2.	Absence of power of restoration
3.	Resultant hardship and need for amendment
5.4.1 to 4.3	Magnitude of consequences
Chapter VI	Inherent Powers
6.1.	Observations in 14th Report
Chapter VII	Commission's Conclusions and Recommendations
	First Recommendation
7.1.	Recommendation regarding empowering the courts to restore applications dismissed for default in appearance
	Second Recommendation
7.2.1 to 7.2.3	Recommendation regarding restoration of a criminal case for default in appearance and consequential acquittal of the accused for non-appearance
3.	We suggest, that section 256 should be revised as under
	Third Recommendation
4,5.	Amendment pertaining to conferment of inherent powers on the trial court as well
Appendix I	Sections of the Indian Penal Code, Offences Where under are Summons Cases
Appendix II	List of Summons Cases under other Criminal Acts