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Twist the Throttle: Legal Wrangles in Motorcycle Touring

Contradictions & Omissions: What are contradictions and omissions and how to cross (contradict) the witnesses with their previous statement has been explained

Burden of Proof & Public Prosecutor: While explaining the principles of 106 IEA in criminal cases Hon’ble Supreme Court has addressed the Government to appoint skilled lawyers as Public Prosecutors instead of political considerations

Section 27 IEA: Mere exhibiting the disclosure statement to the IO is not sufficient but the IO must give description about the conversation while recording disclosure statements in evidence

Section 451 Cr.P.C: Petition for disposal (return) of property cannot be filed directly by invoking Article 226 without invoking section 451 Cr.P.C before the concerned court

Case diary: Section 172(3) Cr.P.C: The accused has a right to cross-examine police officer as per section 145 Evidence Act whenever the police officer uses it to refresh his memory

Surrender petition: Accused should surrender only before the Jurisdictional Magistrate

NDPS Act: Confession to the police officer is not admissible and hit under section 25 Evidence Act

No discharge after framing of charges: MLA is not a person who can be removed with the sanction of the government

Reversal of Acquittal: Appellate court cannot reverse the acquittal on fresh appreciation of evidence and without recording any illegality error of law or of fact in the Trial court judgment

    End of Content.

      End of Content.

      Default bail: Failure to produce the accused for extension of time for investigation and custody is in violation of Article 21

      December 21, 2023

      Head note: Extension of custody u/s 167 Cr.P.C: Since accused has the right to oppose the prayer for the extension of the remand, it is necessary to produce the accused physically or through virtual – General principles governing default bail – The effect of the failure of the respondents to produce the appellants before the special Court at the time of consideration of the Extension application – Presence of accused is necessary to extend the custody – Failure to produce the accused for extension of time for investigation and custody is in violation of Article 21.

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