DISCUSSION SCOPE OF APPEAL FILED AGAINST THE ACQUITTAL 25. While dealing with an appeal against acquittal by invoking Section 378 of the Cr.PC, the Appellate Court has to consider whether the Trial Court’s view can be termed as a possible one, particularly when evidence on record has been analyzed. The reason is that an order […]
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QUESTION OF LAW INVOLVED 2. Whether examination of all witnesses cited in the complaint is sine qua non for taking cognizance by a Magistrate in a case exclusively triable by the Court of Sessions is the question which arises for consideration in this appeal filed against order dated 18.4.2007 passed by the learned Single Judge […]
ANTICIPATORY BAIL (or) PRE – ARREST BAIL ANTICIPATORY BAIL – HISTORICAL BACKGROUND Historically, the Code of Criminal Procedure, 1898 (Old Code) did not contain specific provision corresponding to Section 438 Cr.P.C 1973. Under the Old Code, there was a sharp difference of opinion amongst various High Courts on the question whether a Court had inherent […]
THE COGNIZANCE COGNIZANCE OF OFFENCES BY COURTS Till the criminal Court takes cognizance of the offence there is no criminal proceedings pending[1]. COGNIZANCE IS NOT AN INQUIRY Further, in the present case there is no question of referring to the provision of section 319 Cr.P.C. That provision would come into operation in the course of […]
A detailed analysis of Further Investigation and how it has been evolved till date. Must have judgment.
8. This case raises an important and interesting question as to whether, a person who stood as a surety for an accused person, at the time when the accused person was released on bail, should continue to be a surety against his willingness on the ground that the accused person is absconding, and until he […]
HISTORY OF BAIL: The concept of bail can trace back to 399 BC, when Plato tried to create a bond for the release of Socrates. In The Magna Charta, in 1215, the first step was taken in granting rights to citizens. It said that no man could be taken or imprisoned without being judged by […]
SECTION 154 INDIAN EVIDENCE ACT, 1872 HOSTILE WITNESS – RULE: He was not declared hostile by the prosecution and therefore, his evidence would go to support the case of the defence[1]. A hostile witnesses may not be rejected outright but the court has at least to be aware that, prima facie, a witness who makes […]
Opinion of an expert, therefore, is a relevant fact. The court may, thus, took the expert opinion into consideration. But appreciation of evidence is the court’s job. It is, thus, for the court to arrive at an opinion as to which part of contradictory expert opinion should be accepted or whether in a given situation […]
SECTION – 11 [PLEA OF ‘ALIBI’] Alibi is not an exception (special or general) envisaged in the Indian Penal Code or any other law. It is only a rule of evidence recognised in section 11 of I.E. Act that facts which are inconsistent with the fact in issue are relevant. Illustration (A) given under the […]
CRIMINAL PROCEEDINGS – GENERAL PROVISIONS INQUIRY & TRIAL: The definition of the word ‘inquiry’ u/s – 2(g) puts it beyond doubt that an ‘inquiry’ is something different from a ‘trial’ and that ‘inquiry’ stops when ‘trial’ begins[1]. The word ‘inquiry’ refers to proceedings up to the charge and the word ‘trial’ to those after the […]
REVISION REVISION AGAINST INTERLOCUTORY / INTERMEDIATE / FINAL ORDERS: INTERMEDIATE ORDER: The concept of an intermediate order first found mention in Amar Nath v. State of Haryana, (1977) 4 SCC 137 in which case the interpretation and impact of Section 397(2) of the Cr.P.C. came up for consideration. This decision is important for two reasons. […]
PRE BRITISH ERA: Law makers thought to provide adequate and effective sentencing to the offenders/criminals (after their trial is over and being convicted and not before the trial) without any deviation from caste creed, religion and other factors affecting general public. British thought it giving effective and correct sentencing to every convict without any variance […]
The prosecution must prove the following facts before it can bring a case under S. 300 ‘3rdly’. First, it…
Monthly Digest April'2024: Criminal Case laws updates. Only platform for criminal case laws and updates.
9. As argued by Ms. Shenoy, learned Senior Counsel appearing on behalf of the Respondents, what is required to…
The question of law sought to be raised in the appeals is as to whether prior sanction for prosecution…
SECOND FIR IS PERMISSIBLE – TEST OF SAMENESS TO BE APPLIED: 6. We do not find any force in…
I. கடவுள் வாழ்த்து: 1. அகர முதல எழுத்தெல்லாம் ஆதி பகவன் முதற்றே உலகு 2. கற்றதனால் ஆய பயனென்கொல் வாலறிவன் நற்றாள் தொழாஅர் எனின்…
The Operative portions of the Judgment is as follows: 17. The plain reading of this Section clearly indicates that…
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