323 cases
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more and more 323 cases are being brought into the limelight nowdays. misconceptions about non-seizable offences, magistrate's complaints, arrests, legal powers, follow ups done...
well, just to transfer an old discussion, if you'd like:Originally posted by Skibi:If someone gets beaten do they arrest the culprit? Or refer as civil case and ask the victim settle in court?
Beaten like this video.
http://www.youtube.com/watch?search=&mode=related&v=viBCdJINfFIOriginally posted by ditzy:No fracture, no case, its that simple. Period.
Originally posted by allentyb:
civil caseOriginally posted by googoomuck:I also agree no serious injury, no case. Not even civil case.
The old man made the gesture and raised his leg to challenge the young man.
It is a provocation. It will infuriate any man.
The young man had two choices - the fight or flight path. He exercised his right to retaliate.
The law must not be too rigid.
WhatÂ’s NS training for? To run away every time when provoked?Originally posted by Tiggerific:not 'no case'. there is a case. just that how they go about investigating the case will be a bit different, depending on the offence disclosed.Originally posted by LazerLordz:When CSJ protests, police are uber-efficient, and can arrest him. I wonder if this whole non-seizable offence thing is just an excuse.
So if CSJ were to punch someone in the nose, he can't be arrested? Originally posted by LazerLordz:When CSJ protests, police are uber-efficient, and can arrest him. I wonder if this whole non-seizable offence thing is just an excuse.
So if CSJ were to punch someone in the nose, he can't be arrested?
any inputs from anyone in this forum?Originally posted by Tiggerific:protests would normally be done in groups. there are plenty of laws to cover gathering in groups, depending on the size. from gathering with common intention, illegal assembly... there are laws to have this aspect more than well-covered.
so you are comparing apples and... mangosteens, if you'd like.
if CSJ were to punch someone in the nose, he may or may not be arrested, depending on the extent of the injuries. if a fracture happens or anything which would mean that grievious hurt has happened to the victim, then it would be a different matter altogether. the case would then turn into one of voluntarily causing grevious hurt, sec 325 cap 224. and then he would be arrested on the spot for it is a seizable offence. but then, knowing most people, they'd have something to rant about even then.
perhaps all this furore comes because of a misconception that just because an offence [or more specifically, sec 323 cap 224, the typical assault case] is non-seizable, and as a result an arrest cannot be effected immediately, nothing is being done.
nothing could be further from the truth. establishing the assailant's particulars is of utmost importance. he would be traced, interviewed, and then have his statement recorded.
and then, when a magistrate directs the case to the police/ sanction given by head investigation of the police division concerned/ upgrading of the case upon review [as all assault cases are viewed on a case-by-case basis where I come from], whichever comes first, the police would then act with full investigation powers in accordance with the criminal procedure code to charge the person with the said offence.
which happens more often than one would think. -
haha... dr chee soon juan lah.Originally posted by CraZySmarT:what the fack is csj? -
we dun have the power. thats it. its not our fault. chapter 323 is there for a reason, its to differentiate whether the case is serious enough for police to take action. therefore to prevent people from taking advantage of chapter 323, a magistrate report is needed for police to take further actions.
the lockups will be full if police were to have power to arrest people who committed/or are thought to have committed an offence under chapter 323. -
but the typical person wouldn't know. and they make assumptions...
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i rest my case....
thought it have been explained over and over again? email have been sent out for clarifications too? my god....
Sec 323 Cap 224 (Penal Code) is NOT, i would like to mention again, ITS NOT A CIVIL CASE!!!
its a non-seizable case where police have not power of investigation as stated on CPC Sec 120 to 126 CAP 68 (Criminal Procedure Code), as such victim is advised to lodge a magistrate complaint at sub court and with the powers granted from Magistrate then the police can exercise whatever that is stated on Sec 120 to 126 of Cap 68 prior to the case.
HOWEVER, if the assailant "refusal to give name and residence". under Sec 32 Cap 68 of CPC, officers can execute to arrest without warrent in order to ascertain his particulars and to let him go after establishing it. If the act is committed in front of the officers, they can use some of the sections stated in Cap 184 (MISCELLANEOUS OFFENCES (PUBLIC ORDER AND NUISANCE) ACT).
Hope this can be useful to all.... cheers..
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tiring to explain, innit? i think no amount of explaining will appease our allegedly 'educated' public, though.Originally posted by qazplm:i rest my case....
thought it have been explained over and over again? email have been sent out for clarifications too? my god....
Sec 323 Cap 224 (Penal Code) is NOT, i would like to mention again, ITS NOT A CIVIL CASE!!!
its a non-seizable case where police have not power of investigation as stated on CPC Sec 120 to 126 CAP 68 (Criminal Procedure Code), as such victim is advised to lodge a magistrate complaint at sub court and with the powers granted from Magistrate then the police can exercise whatever that is stated on Sec 120 to 126 of Cap 68 prior to the case.
HOWEVER, if the assailant "refusal to give name and residence". under Sec 32 Cap 68 of CPC, officers can execute to arrest without warrent in order to ascertain his particulars and to let him go after establishing it. If the act is committed in front of the officers, they can use some of the sections stated in Cap 184 (MISCELLANEOUS OFFENCES (PUBLIC ORDER AND NUISANCE) ACT).
Hope this can be useful to all.... cheers..
but i suppose we all do what we can. we do our best, God does the rest.