General

The facts of the present case can be brought under exception I of Section 300 of IPC and thus is punishable u/s. 304(I) of IPC and not u/s. 302 of IPC

MURUGESH VS STATE REP BY INSPECTOR OF POLICE

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

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complaint bail
Acquittal

Complaint case: Police cannot arrest in complaint cases without an order of arrest u/s 87 Cr.P.C from the court

eye-witness
BNS

Murder case: The eyewitness testimony is trusted more than the doctor’s testimony because eye-witness survived cross-examination

suspension
Acquittal

Since a previous bench suspended the sentence in another case that arose out of the same crime number the present bench suspended the next one

hostile
Corruption Laws

Hostile witness: Trustworthy portions of complainant cannot be eschewed even though he affirmed every suggestion made by the defence

suicide
Acquittal

Quash: To frame charge under section 306 IPC court must check for the part of the accused in causing the suicide carefully since the main person is not available for cross-examination

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

maintenance
BNSS

Maintenance of wife is the Legal Priority over husband’s financial Commitments

limitation
BNSS

Limitation: Section 468 Cr.P.C applies for both cases instituted upon a complaint or by a police report what matters is the date of initiation of criminal proceedings

security cheque
BNSS

Security Cheque: If the signature is not in dispute then the court cannot set aside the summoning order

charge framing
BNSS

If accused understood the nature of allegations and defended themselves then the omission to sign the charge is not fatal

caste
Acquittal

If a member of S.C/S.T converts to Christianity he is no longer SC/ST since Christianity does not recognise a hierarchical caste-based system

minor offence
Acquittal

Section 364 IPC and section 302 IPC by no stretch of imagination can be construed as similar offences hence High Court is correct in reversing the conviction of section 364 though charged for section 302 IPC

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