351 bnss
Ad. Sunil Nishi Kumar

No ambiguity: Section 351 of BNS is a non-bailable offence in Tamil Nadu

Thiru. Sunil Nisi Kumar A holds "B.A. LL.B. (Hons.) and LL.M" degrees, and is a practising advocate appearing before the "Hon'ble Madras High Court" and trial courts across Tamil Nadu.…

nbw
General

Recall: 70(2) CrPC: Only Revision lies against order issuing against NBW and not Crl.O.P jurisdiction [Editor’s note inside]

Latest

POCSO: Victim’s testimony before the Court is clear and cogent and almost the same as per the statement recorded u/s. 164 Cr.P.C and there has been no exaggeration or any inconsistency

demand
Acquittal

Discrepancy in the use of the complainant’s fingers (two or five) to pick up the demanded money from his pocket has some bearing while considering the entire evidence

156
BNSS

Rejecting the petition filed under section 156(3) CrPC does not prevent the police to register FIR inasmuch the poser of registering FIR flows from section 154 CrPC

drowning
Acquittal

Acquittal: Defence of the accused is that the deceased accidentally drowned and the post-mortem report did not suggest homicide

alibi
Acquittal

Alibi: Quash: The service certificate is not a disputed one thus the High Court can quash the criminal proceedings on the fact of alibi based on that certificate

161
Acquittal

Section 161 CrPC witness statements cannot be used to convict the accused only their testimony can be used to convict or acquit the accused

rape
Acquittal

Rape of child: Acquittal based on the Forensic Lab Report which is inconsistent with the testimony of the witness before the court

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confession
Acquittal

Acquittal: A confession taken from a suspected person in police custody by using third-degree methods is not acceptable as evidence hence trial court conviction is set aside

civil case
Acquittal

Acquittal: Since the limitation for a suit for money recovery has expired a criminal case cannot be used for money recovery

cheque
Acquittal

Cheque conviction: The accused has only relied upon plausible theories with conjectures and surmises

victim
Acquittal

Murder acquittal: No revision against the order of acquittal whereas the remedy of appeal is available in Cr.P.C after 2009 amendment

denovo trial
3 judge bench

Denovo Trial: Unusual recording of confession statements based on judicial directions and the doubt of subsequent insertion of statutory warning in the confession creates serious doubts

This judgment adjudicates a batch of criminal appeals stemming from a devastating bomb explosion on a public transport bus in 1996, which resulted in fourteen fatalities and numerous injuries. The…

hostile
BNSS

Honour killing: The court must see whether a hostile witness is totally discredited if not the court should not discard his testimony entirely

april'26
Digest

What’s New In April’26

section 319
Acquittal

Section 319 Cr.P.C: Trial court can decide whether an application under section 319 Cr.P.C should be decided with or without waiting for cross-examination

dowry death
Acquittal

Dowry death: Demand is for celebrating birth of male child and not for marriage further difference between admissibility and acceptability/reliability is explained

mob violence
Ad. James Raja

An Incomplete Legislative Response to Mob Violence; Restricting Criminalization to Cases Resulting in Death and Negating the Requirement of Mens Rea

secondary evidence
Digest

A Study On Secondary Evidence (notes)

complaint and bail
Ad. Ramprakash Rajagopal

Obtain Bail or Anticipatory Bail in Complaint cases or Go Inside

election
Ad. Azhar Basha

Constitutional Limits of the Election Commission of India: An Exhaustive Analysis of Article 324 and the Power to Transfer State Officials

General

Madras High Court Quashed: Section 69 and 351(2) BNS: Distinction between a promise to marry and a mere breach of promise due to later circumstances explained.

Cr.P.C

Hon’ble Madras High Court suggests the need for structured and digital handling practices for e-filing of final report by district registry staff and police

General

Sudalaimani case upheld & Selvam case distinguished: Confession given the police during investigation cannot be used in favour of the accused due to the bar u/s 162 Cr.P.C

Corruption Laws

Madras High Court: 14% of the disproportionate assets is inconsistent with the known sources of income thus conviction upheld

quash
General

Quashing of Multiple FIRs: A citizen of India may approach S.C through Article 32 is a fundamental right but may follow judicial principle and orderly procedure at first

ndps
Evidence

NDPS:Even if the independent witnesses to the seizure memo turned hostile conviction can be based on official witnesses if it inspires confidence

sentencing
General

Appreciation of the quantum of sentence is explained

charge sheet
Acquittal

If the Magistrate cannot direct the I.O to file a particular opinion (charge sheet) then the S.P has no power to direct the same

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