The present case is an appeal against the conviction of a trial court for an offense under section 302 IPC. The complainant was not present for deposition (for trial), but was examined on oath in proceedings under section 299 Cr.P.C. Since the complainant could not be located, their sworn deposition was read in evidence as per section 299 Cr.P.C. The…
These factors taken together create a serious doubt about the correctness of the dying declaration. Therefore, the dying declaration will have to be kept out of consideration. In any case, the dying declaration is not of that sterling quality on which the conviction can be based in absence of any other evidence. Therefore, the prosecution has failed to prove the…
Police has the bounden duty to register fir once direction received under section 156(3) Cr.P.C
Section197 Cr.P.C: Sanction is required only to take cognizance by courts and not to file final reports. Investigation officer has to sent for sanction only after filing the final report before the concerned court.
How to contradiction a witness by a court is being explained in this judgment.
Explore the legal provisions regarding victim's rights in criminal proceedings. Learn about the role of third parties in assisting prosecution and submitting arguments.
HIGH COURT HAS POWER TO QUASH THE FIR EVEN AFTER FILING OF CHARGE SHEET 11. This being the factual backdrop, we may note at the very outset that the contention that the appellants’ quash petition against the FIR was liable to be dismissed, in any event, as the chargesheet in relation thereto was submitted before the Court and taken on…
Section167(2) Cr.P.C: 60 or 90 days shall be calculated from the date of magistrate authorizes the remand
Section 173(2) Cr.P.C: Investigation agency has no obligation to file the charge sheet/reports in the language of the court
Section 432 Cr.P.C: Government's power to suspend or remit the sentence
Documentary evidence - FIR is a public document and also a dying declaration hence it shall be treated as substantive piece of evidence and admissible under section 32(1) Evidence Act.,1872
Section 426 Cr.P.C covers the case of an escaped convict
Study on conspiracy and conviction under Section 120-B of IPC. Only one accused convicted due to lack of evidence. Learn more about criminal conspiracy in Indian law.
Police custody does not mean first 15 days only
Section 4 Cr.P.C Section 4 of the CrPC provides that all offences under the IPC shall be investigated, inquired, and tried according to the provisions of the CrPC. Section 4(2) structures the application of the CrPC in situations where a special procedure is prescribed under any special enactment [See State of Punjab v. Balbir Singh, (1994) 3 SCC 299; Directorate…
Procedure to impound passport - explained.
Bail principles: Explained
Bail & Condition: Court cannot impose condition to deposit money while releasing in default bail
Question of law raised-The word ‘Every person’ in s. 141 N.I Act-Onus to prove who is vicariously liable for the company is on the complainant and not on the accused-The appellant cannot be convicted merely because he was a partner of the firm which had taken the loan or that he stood as a guarantor for such a loan-unless the…
GIST OF PROCEDURES ON POLICE REPORT: 1. Information (ss. 154 & 155 cr.p.c) – Power to start investigating the offence (s. 156 cr.p.c either Any officer including Higher official u/s 156(1) r/w 154(3) and s. 36 cr.p.c or by the Learned Judicial Magistrate (or having original jurisdiction) u/s 156(3) cr.p.c – How? By informing the jurisdictional Magistrate and proceed to…
In this appeal, the appellant challenges the High Court's decision of dismissing his bail application. The Hon'ble Supreme court…
Limitation of filing charge sheet unless extended by the law does not applies to custody under section 167(2) Cr.P.C
9. As argued by Ms. Shenoy, learned Senior Counsel appearing on behalf of the Respondents, what is required to…
Recovery of tainted currency is not a presumption for receipt of bribe money.
Suggestions put to the witnesses are part of the evidence based on that suggestions court can convict the accused.
Head note: On the petition filed under section 482 crpc, the Hon’ble Madras High court has directed to run…
5. We find that the High Court has examined the entire issue as to whether the offence under Sections…
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