2026

• Friday, September 18 – Abu Salem Case: Supreme Court Rejects Premature Release Plea | 2026 INSC 982

  The Supreme Court dismissed the appeal against the High Court’s refusal to grant premature release, ruling that an executive sovereign assurance given during extradition to cap detention at twenty-five years does not alter, commute, or convert a judicial sentence of life imprisonment into a fixed-term sentence. Consequently, periods of incarceration under concurrent sentences cannot be notionally double-counted through overlapping computations, nor can statutory jail-earned remissions be added…
• Thursday, September 17 – Baptismal Certificate Inadmissible under sec.35 IEA and Cannot Prove the Age of Minor: Conviction Modified POCSO Conviction to Rape

  The Supreme Court set aside the appellant’s conviction under the POCSO Act because the victim’s minority was not conclusively established using the statutorily prescribed documents under Section 94 of the Juvenile Justice Act, as a Baptismal Certificate alone was deemed insufficient. However, finding that the factum of penetrative sexual assault was proven beyond a reasonable doubt, the Court held that the failure to establish minority does not absolve the accused of criminal liability….
• Thursday, September 17 – Requirement of Mens Rea (“Sexual Intent”) & Non-Criminalization of Classroom Discipline

  Protection of Children from Sexual Offences Act, 2012 — Sections 7 & 8 — Indian Penal Code, 1860 — Sections 506(i) & 95 — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 528 — Quashing of Criminal Proceedings — Essential Mens Rea — Classroom Discipline vs….
• Thursday, September 17 – Supreme Court on Corporate Criminal Liability: The New Three-Stage Test for Attributing Mens Rea to a Company

  A corporation can be prosecuted for criminal offences requiring criminal intent, and the proceedings cannot be quashed at the threshold solely because the investigating agency failed to identify or arraign a specific natural person alongside the company. The attribution of a natural person’s mental state to a corporate entity is an intricate inquiry involving primary, general, and special rules of attribution. This inquiry must be resolved during the trial based on evidence, provided the…
• Saturday, September 12 – Judicial Transfers in MP MLA Courts: Why the Ashwini Kumar Upadhyay Safeguards Matter?

  Authored by Lavanya Thirumalai, Advocate B.E, M.L. The author is a practicing Advocate before the courts in Puducherry and Tamil Nadu. The views expressed are strictly personal. The factual references to pending proceedings are based on case-status particulars and order sheets available to the author and remain subject to verification from certified judicial (public)…
• Thursday, September 10 – Digest: Supreme Court & Madras HC Judgments (Jul-Sep 2026)

  Thursday, September 10 – Supreme Court Acquits in POCSO Case: TIP Cannot Replace Dock IdentificationThe Supreme Court acquitted the appellant in a child sexual assault case, overturning concurrent convictions by lower courts due to critical flaws in the prosecution’s investigation and trial. The conviction was primarily based on a Test Identification Parade (TIP), but the victim failed…
• Thursday, September 10 – Supreme Court Acquits in POCSO Case: TIP Cannot Replace Dock Identification

  The Supreme Court acquitted the appellant in a child sexual assault case, overturning concurrent convictions by lower courts due to critical flaws in the prosecution’s investigation and trial. The conviction was primarily based on a Test Identification Parade (TIP), but the victim failed to specifically identify the accused in court, rendering the TIP legally insufficient as substantive evidence. Furthermore, significant discrepancies in medical evidence regarding the injury’s timing, the…
• Wednesday, September 9 – Inordinate Delay in Serving Summons Cannot Quash Criminal Proceedings After Charges are Framed: Madras HC

  This criminal original petition filed by the petitioner as against the charge sheet and consequential proceedings pending before the District Munsif-cum-Judicial Magistrate Court, seeking to quash the same. The proceedings arose out of a complaint lodged by the complainant, who is the petitioner’s daughter-in-law, based on which a criminal case was registered in the year 2013 for offences under Sections 294(b), 506(i) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women…
• Wednesday, September 9 – Sivakumar vs State: Mere Use of the Word ‘Bastard’ is Not an Offence Under Section 294(b) IPC

  Section 294 (b) IPC – Mere use of the word ‘bastard’, by itself, is not sufficient to arouse prurient interest of a person- such words are commonly used in modern era during heated conversations – Conviction under section 294(b) IPC set…
• Tuesday, September 8 – Acquittal: Gunshot: Witnesses might have already planned to frame the accused since they know the accused owned licensed weapon

  The Supreme Court reversed the concurrent convictions for murder under constructive liability and the Arms Act, extending the benefit of doubt to the appellants due to pervasive contradictions in the testimonies of related eyewitnesses and glaring investigative deficiencies. The prosecution’s narrative was discredited by medical evidence demonstrating that the fatal firearm wound was not instantaneously fatal as claimed, the highly unnatural conduct of taking the victim to the police station…
• Tuesday, September 8 – Supreme Court Rejects ‘Falsus in Uno, Falsus in Omnibus’ and accused also well known to the witnesses

  In an appeal concerning a fatal ambush, the Supreme Court reversed the High Court’s acquittal of two accused, ruling that holding the victim and exhorting the shooter attracts constructive liability under Sections 34 and 149 of the IPC. The Court reaffirmed that the maxim falsus in uno, falsus in omnibus does not apply in India, obligating courts to separate credible eyewitness and medical evidence from unproven allegations, thereby restoring the convictions of the two active participants while…
• Tuesday, September 8 – Madras High Court Rules: Attacking Vital Body Parts is Attempted Murder, Even if Injuries are Minor

  Babu (Petitioner) and the State of Tamil Nadu represented by the Inspector of Police and Umamaheshwari…
• Monday, September 7 – Strict Compliance Mandatory: The Necessity of Police Reports Before Directing Investigations Under Section 175(3) & (4) of BNSS

  A Magistrate cannot mechanically order an investigation under Section 175(3) or 175(4) of the BNSS without an affidavit, without calling for submissions/reports from the police, and without applying judicial mind to those…
• Sunday, September 6 – Surrogacy Act: Magistrates Cannot Reassess Eligibility Certificates; Age Limit of “50 Years” Includes the Entire 50th Year: Madras High Court

  The Hon’ble Madras High Court ruled that Magistrates cannot second-guess surrogacy eligibility certificates issued by medical boards unless there is apparent fraud. Crucially, the Court clarified that the statutory upper age limit of “50 years” for intending mothers extends until their 51st birthday. Additionally, the Court held that examining the surrogate’s husband in court is unnecessary if his consent is already documented in the medical certificate, emphasizing that parentage proceedings…
• Saturday, September 5 – Oral Hearing Is Non-Negotiable: Non-Cooperation by Defence Counsel Requires Amicus Appointment, Not Ex-Parte Verdict

  The appellate court set aside a conviction because the trial court pronounced judgment without hearing defence arguments. Ruling that oral arguments are a mandatory, non-waivable facet of a fair trial under Article 21 and Section 235 of the Cr.P.C., the court held that a judge cannot skip oral hearings even if the defense is uncooperative. Instead, the trial court must appoint an amicus curiae. The case was remanded solely for hearing arguments, with instructions to recover amicus fees from the…
• Friday, September 4 – Dowry death: Reversal of Acquittal with direction

  The Supreme Court reversed an appellate acquittal and restored convictions under Sections 304-B and 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, holding that persistent demands reiterated a day prior to the bride's unnatural burn death established cruelty "soon before her death" and triggered the mandatory, unrebutted presumption under Section 113-B of the Indian Evidence Act. Ruling that post-marital demands constitute dowry…
• Friday, September 4 – Section 306 IPC: Acquittal: some disputes or discord in matrimonial life would not itself attract the provisions of Sections 306 r/w 107 IPC

  The appeal arises from the overturning of an acquittal by the Sessions Court, where the appellant had initially been cleared of charges relating to cruelty and abetment of suicide concerning his wife, only for the High Court to reverse the decision and convict…
• Friday, September 4 – Acquittal: Conviction cannot be based on confession to IO despite no Section 65B certificate for CCTV footage

  The conviction was overturned because the prosecution relied on inadmissible confessions, failed to provide mandatory Section 65B certifications for vital electronic evidence, and could not prove the lease or ownership of the apartment where the body was found. Consequently, both the “last seen” theory and adverse inferences under Section 106 collapsed, leaving no substantive proof connecting the accused to the…
• Wednesday, September 2 – Real estate is not an illegal business and the Indian Bank which kept the money sold in auction was not disbursed to the legal heirs is illegal

  The Supreme Court acquitted a former bank manager of corruption and loan fraud due to a complete lack of evidence. Overturning the conviction, the Court highlighted a fundamentally flawed investigation, noted that higher authorities had actually authorized the loans, and observed that the bank fully recovered all debts with a massive…
• Tuesday, September 1 – Sentencing: Fine: Forcing the Accused To Pay Duplicate Fines For the Same Sentence Would Be Amount To Double Punishment

  Hem raj vd state of Himachal…
• Tuesday, September 1 – SC Shields Husband from Baseless DV Case; Dissolves Dead Marriage Citing Irretrievable Breakdown

  In the Supreme Court dissolved the marriage under Article 142(1) due to its irretrievable breakdown. The Court also quashed the wife’s Domestic Violence complaint, determining it lacked specific allegations and was a baseless afterthought filed merely to prolong litigation after she backed out of a prior mutual…
• Tuesday, September 1 – Section 156(3) CrPC: Mere existence of a civil remedy does not by itself bar criminal proceedings If Allegations prima-facie disclose a cognizable offence

  The Supreme Court restored criminal proceedings, ruling that a Magistrate ordering a police investigation under Section 156(3) Cr.P.C. only needs to verify if the complaint *prima facie* discloses a cognizable offence. The Court further clarified that the existence of a civil remedy does not bar criminal action, and High Courts should exercise extreme caution when quashing…
• Thursday, August 27 – Limitation For Initiation Of Domestic Violence Proceedings: Revisiting The Ratio In Kamatchi

  Author. Jegan.M. Advocate Practicing at Madurai Bench of Madras High Court….
• Wednesday, August 26 – 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. He completed his law degree at the *School of Excellence in Law, Chennai, and later earned an LL.M. in Intellectual Property and Trade Law from Christ University, Bangalore….
• Wednesday, August 26 – Supreme Court again discouraging DV Act proceedings after a valid divorce compromise

  The Supreme Court ruled that reviving waived financial claims from a mutual divorce settlement through fresh Domestic Violence Act proceedings is an abuse of process. However, while the spouses are bound by their settlement, independent dependents—such as an adult daughter—retain their statutory right to pursue their own monetary…
• Sunday, August 23 – Corroboration of testimony of child witness before a conviction is required

  Due to a lack of conclusive evidence, the Supreme Court has allowed the appeal, overturned the previous High Court judgment, and fully acquitted the appellant, discharging their bail…
• Sunday, August 23 – Prosecution has proved the case through hostile witness

  The High Court overturned an acquittal and imposed a life sentence for murder based on reliable, corroborated eyewitness testimony. The ruling affirmed that minor medical discrepancies don’t invalidate credible eyewitnesses, a victim’s hospital statements hold evidentiary weight, and partially hostile witnesses can still support the prosecution by verifying recovery…
• Saturday, August 22 – 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…
• Saturday, August 22 – Recall: 70(2) CrPC: Only Revision lies against order issuing against NBW and not Crl.O.P jurisdiction [Editor’s note inside]

  Only a revision petition can challenge an order refusing to cancel an NBW. The High Court’s inherent power (Section 482) is not a substitute. Courts should handle recall applications quickly without automatically remanding the…
• Saturday, August 22 – 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

  Here is the revised excerpt with the party names removed:

  **Excerpt:**
  In this case, the High Court upheld the accused’s conviction under the POCSO Act, finding the victim’s testimony and medical evidence sufficient without requiring a DNA test. However, the Court reduced the sentence from 20 years to 10 years, ruling that applying the 2019 amendment’s enhanced penalties to an offence committed in 2014 is unconstitutional and barred by Article 20(1) of the…

• Friday, August 21 – 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

  The Supreme Court held that the prosecution failed to prove the demand for illegal gratification beyond reasonable doubt and that mere recovery or possession of tainted money was insufficient to establish guilt. It also found the sanction against the first accused invalid, as it was not granted by the competent authority. Consequently, the convictions were set aside and both accused were…
• Wednesday, August 19 – 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

  The Court held that rejecting a plea for a court-directed investigation does not bar the subsequent registration of an FIR on similar allegations, as such threshold dismissals are not merit-based adjudications attracting res judicata. The police retain an independent statutory duty to register an FIR upon receiving information disclosing cognizable offences, meaning the present allegations of fraud and forgery must undergo a full investigation rather than being quashed at the…
• Saturday, August 15 – Acquittal: Defence of the accused is that the deceased accidentally drowned and the post-mortem report did not suggest homicide

  The Supreme Court acquitted the accused because the evidence showed accidental drowning was more likely than murder, as the medical report did not prove homicide, the FIR was delayed, the motive was weak, and the witnesses did not clearly prove…
• Friday, August 14 – 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

  The Supreme Court quashed criminal proceedings involving dowry death llegations, ruling that continuing the trial would constitute an abuse of the legal process. Indisputable Armed Forces service records confirmed the accused was on official duty elsewhere during the incident, and co-accused relatives were already acquitted on identical evidence. The Court emphasized that technical procedural rules cannot compel a trial when unimpeachable documentary evidence definitively disproves the…
• Thursday, August 13 – Section 161 CrPC witness statements cannot be used to convict the accused only their testimony can be used to convict or acquit the accused

  The ratio decidendi is that a criminal conviction cannot be sustained solely on the basis of dying declarations and the invocation of Section 106 when major unexplained discrepancies in timing, medical contradictions rendering the victim’s physical capacity to make coherent statements highly doubtful, and the failure of the prosecution to independently establish a foundational chain of reliable incriminating circumstances collectively generate a reasonable doubt regarding the guilt of the…
• Tuesday, August 11 – Rape of child: Acquittal based on the Forensic Lab Report which is inconsistent with the testimony of the witness before the court

  The Court said the conviction could not stand because the evidence and dying declarations were doubtful and not well supported. The prosecution had to clearly prove that the death was murder and prove all key facts beyond reasonable doubt. Since the medical evidence raised doubt about whether the victim could give a statement, and witnesses supported the possibility of suicide, the accused was entitled to acquittal. [Paragraphs 13,…
• Monday, August 10 – 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

  The ratio decidendi established by the Court is that appellate courts cannot dismiss criminal appeals involving severe sentences like life imprisonment solely on the ground of delay or limitation. Also, institutional failure in processing jail appeals or providing effective legal representation to prisoners prejudices the fundamental right to personal liberty and a fair trial under Article 21 of the Constitution of India [paragraphs 2, 12,…
• Sunday, August 9 – Acquittal: Since the limitation for a suit for money recovery has expired a criminal case cannot be used for money recovery

  When a money recovery claim is time-barred, it should not be pursued through criminal proceedings unless there is clear proof of cheating from the…
• Sunday, August 9 – 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.

  PRAYER: Petition filed under Section 528 BNSS to call for the records pertaining to PRC.No.75 of 2025 on the file of the Judicial Magistrate No.III, Dindigul and quash the…
• Sunday, August 9 – 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

  Prayer: Criminal Original Petition filed under Section 528 of BNSS, to call for the records in Crime No.156 of 2020 on the file of the first respondent and quash the…
• Sunday, August 9 – 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

  Criminal Appeal filed under Section 374(2) of Cr.P.C. to call for the entire records in connection with S.C.No.139 of 2015 on the file of the Mahalir Neethi Mandram (Fast Track Court), Tiruppur and set aside the conviction and sentence imposed by the Mahalir Neethi Mandram (Fast Track Court), Tiruppur by judgment dated 26.12.2019 in S.C.No.139 of…
• Saturday, August 8 – Remedy and Challenges after the order of the Magistrate for FIR Direction

  Author: Thiru. Jegan Manohar (Ms.No.1567/2020), Advocate, Practicing before the Madurai Bench of the Madras High court. Email.@jeganmanohar26@gmail.com. (Views and opinions are…
• Saturday, August 8 – Madras High Court: 14% of the disproportionate assets is inconsistent with the known sources of income thus conviction upheld

  Prayer: Criminal Appeal filed under Section 374 of Code of Criminal Procedure, against
  the Judgment of the learned XIII Additional Judge for CBI Cases, Chennai made in
  C.C.No.38 of 2010 on his file dated 06.06.2014 convicting the accused / appellant herein under Section 13 (2) r/w 13 (1) (e) of the Prevention of Corruption Act, 1988 and sentencing him to undergo two years R.I.and to pay a fine of Rs.20,000/- in default to undergo 3 months simple…
• Friday, August 7 – Cheque conviction: The accused has only relied upon plausible theories with conjectures and surmises

  This Supreme Court of India judgment concerns a criminal appeal involving the dishonour of a cheque under Section 138 of the Negotiable Instruments Act. The dispute originated from a loan of ₹4,50,000 provided by the appellant to the respondent, which resulted in a convicted status at the trial level after the repayment cheque was returned for insufficient funds. However, the Karnataka High Court later overturned this conviction, questioning the appellant’s financial capacity to provide such…
• Wednesday, July 29 – Murder acquittal: No revision against the order of acquittal whereas the remedy of appeal is available in Cr.P.C after 2009 amendment

  The Supreme Court allowed the appeal and restored the trial court’s judgment of acquittal in a 1988 murder case, holding that an acquittal fortifies the presumption of innocence and cannot be disturbed or remitted under revisional jurisdiction when the trial court’s view is plausible. Upon re-evaluating the evidence, the Court found the eyewitness testimonies uncredible, the alleged dying declarations doubtful, and the scene of occurrence suspect. It held that the mere recovery of a…
• Sunday, July 26 – 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

  The petitioner Rutvij Bhagat Singh Wakhare instituted a writ petition under Article 32 before the Supreme Court seeking to quash or club multiple FIRs arising from cyber fraud, wherein the Court held that a direct Article 32 petition to quash criminal proceedings without establishing fundamental rights violations is not maintainable, and that clubbing multiple FIRs is impermissible when each relates to distinct transactions by different victims with no live…
• Sunday, July 26 – 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 Supreme Court reviewed the convictions and sentences, including a death penalty, alongside appeals against the acquittal of several co-accused individuals. Upon thorough scrutiny, the Court found that the trial of the primary convicted individual was constitutionally flawed because they were denied…
• Tuesday, July 21 – NDPS:Even if the independent witnesses to the seizure memo turned hostile conviction can be based on official witnesses if it inspires confidence

  Even if the independent witnesses to the seizure memo turned hostile conviction can be based on official witnesses if it inspires…
• Tuesday, July 21 – Appreciation of the quantum of sentence is explained

  The Supreme Court partly allowed the appeal strictly regarding the quantum of sentence for a conviction under Section 376-D IPC, reducing the punishment from imprisonment for the remainder of natural life to the statutory minimum of twenty years with remission benefits. Applying the doctrine of proportionality, the Court balanced the heinous nature of the crime against mitigating factors—such as the offender’s young age, lack of criminal antecedents, good prison conduct, and potential for…
• Sunday, July 19 – 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

  The Supreme Court acquitted the accused, overturning the lower courts’ decisions regarding a dowry death conviction. The prosecution failed to prove beyond a reasonable doubt that the victim’s fatal burn injuries resulted from marital cruelty, lacking concrete evidence, an immediate FIR, and a postmortem report. Conversely, the defense provided uncontroverted proof of an accidental fire and a stable marriage, supported by an exculpatory dying declaration and joint financial records. Emphasizing…
• Wednesday, July 15 – Murder: Conviction: Corpus delicti means that the offence has been committed and not that the dead body of the murdered person has been recovered

  Appeal 1. The present criminal appeal is directed against the judgment and order dated 22.12.2022 passed by the Division Bench of the High Court of Gauhati at Guwahati in Criminal Appeal (J) No. 16/2019. By the impugned judgment and order, the High Court dismissed the appeal filed by the appellant and upheld the order of…
• Tuesday, July 14 – As per section 21 POCSO Act only those who received credible information directly could be prosecuted for failure to report and not all the teachers or office bearers of the institution also no suppression of information is reported

  The Supreme Court of India partially overturned a High Court order that discharged school staff for failing to report a minor’s sexual assault under the POCSO Act and IPC. The Court ruled that under Section 19(1) of the POCSO Act, statutory “knowledge” of an offense includes receiving credible, direct information from a victim, rejecting the lower courts’ view that a lack of physical or medical evidence negates this knowledge. Emphasizing that mandatory reporting duties cannot be bypassed or…
• Wednesday, July 8 – Anticipatory Bail is not needed in complaint cases if apprehension of arrest is only by the police

  1. We have heard learned counsel for the petitioners and also learned counsel for the State who has appeared on advance notice. 2. This anticipatory bail application arises out of a Complaint Case No. 410 of 2023 pending on the file of Learned Chief Judicial Magistrate, Division, Madhubani, State of Bihar. 3. This Court has…
• Sunday, July 5 – Honour killing: The court must see whether a hostile witness is totally discredited if not the court should not discard his testimony entirely

  In an honour killing case, the Hon’ble S.C upheld the Madras High Court by giving a detailed research judgment, particularly handling the hostile…
• Tuesday, June 30 – Sentencing: Though the furnishing of a forged revenue document for surety in judicial proceedings is serious in nature but is not organised crime and has not caused any widespread financial loss

  The Supreme Court reduced the appellant’s sentence for forgery to the two years already served, emphasizing proportionality due to the decade-long pendency of the case and the lack of criminal history. While affirming the severity of using forged documents in court, the Court cited *Padum Kumar vs. State of Uttar Pradesh* to justify balancing the offense against these mitigating…
• Saturday, June 27 – S.304 II IPC: Injuries were caused by an abrupt fall into the dry canal and not by stones thrown by the accused at the deceased

  Appeal against the judgment of High Court This criminal appeal is directed against the judgment and order dated 25.07.2012 passed by the High Court of Uttarakhand at Nainital (briefly, ‘the High Court’ hereinafter) in Criminal Appeal No. 241/2002 (Manua @ Puran & Others Vs. State of Uttaranchal). Trial court convicted three accused but acquitted other…
• Thursday, June 25 – RCS notice and Rule 26 of The Tamilnadu Criminal Rules of Practice., 2019

  This research paper pertains to the procedural requirements of Rule 26 of the Criminal Rules of Practice 2019 (Tamil Nadu) regarding the re-shaping of Judicial Means. The paper examines the following title “Basic procedure under Rule 26 of Criminal Rules of practice, 2019: A Practical analysis of the court’s role in police investigation reports”. When…
• Saturday, June 20 – Acquittal: Who Pulled the Trigger? Prosecution version remains acceptable till the point of bullet entering the skull but suspicious when it travels upward while exiting the skull

  The Supreme Court acquitted an appellant of murder, sustaining only a conviction for destroying evidence following a friend’s fatal shooting. Overturning lower courts, the Court held that the appellant’s panicked cover-up created grave suspicion, but not proof of murder. The prosecution’s circumstantial case ultimately failed due to a total absence of motive and bullet trajectory evidence pointing strongly to an accidental…
• Saturday, June 20 – Incomplete Form ‘F’ Attracts Substantive Penalties and Strict Adherence to Record-Keeping is Mandatory Under PCPNDT Act (Prenatal Diagnostics Act)

  Appeal Appeal against order taking cognizance was rejected by High Court 3. This appeal challenges the judgment and order of the High Court of Judicature at Bombay, Aurangabad Bench in CrWP No. 1363 of 2017, whereby the challenge to the order taking cognizance dated 9th June 2016 in RCC No.16 of 2016 passed by the…
• Saturday, June 20 – Important Citations (Criminal Branch): Vol.1 – For Effective Administration of Justice

  Criminal Citations for ready…
• Thursday, June 18 – Filicide: Absence of poison in the viscera may be due to metabolized or eliminated from the body before death

  The Madras High Court upheld the murder conviction of parents who fatally poisoned their mentally disabled daughter. Crucially, the Court ruled that a **negative viscera report** does not disprove the crime, as poison can metabolize during medical treatment before death. Despite hostile witnesses, the conviction was sustained based on the parents’ hospital confession, medical evidence, and their legal burden to explain the child’s death while in their exclusive…
• Wednesday, June 17 – Joint appeal: ‘an appeal’ followed by ‘the appeal’ are same within the meaning of the sections 392, 374 and 378 Cr.P.C as if ‘any proceeding” followed by ‘the proceeding’ in Section 397 Cr.P.C thereof [Referred to Larger Bench]

  Joint appeal – An appeal and the appeal are same – Sajjan singh case is differed – referred to larger bench…
• Sunday, June 14 – Section 223(1) BNSS: Though the complaint was filed earlier cognizance was taken after BNSS came into force and appellant not heard before cognizance is an illegality would vitiate the proceedings

  Cognizance and hearing of the accused: Only CrPC proceedings already initiated shall continue under Cr.P.C but since Cr.P.C did not foreseen the hearing of accused Section 531(2)(a) BNSS does not bar Section 223(1) BNSS. The Hon’ble Supreme Court of India further set aside the cognizance taken based on the ground that the accused raised the objection at the earliest point in…
• Friday, June 12 – NDPS: Confiscation: Sections 36-C and 51 NDPS do not deny the use of sections 451 (s.497 BNSS) and 457 (503 BNSS) and section 60 does not deny interim custody to bona fide owner

  The Hon’ble Supreme Court allowed the vehicle owner’s appeal and directed the release of his lorry on interim custody (supurdagi), which had been seized under the NDPS Act following the recovery of Ganja. The Court reasoned that since the owner was not an accused and the chargesheet contained no material to suggest his knowledge or connivance in the offense, a pragmatic approach was warranted to grant the relief due to the overall circumstances indicating the owner’s…
• Tuesday, June 9 – Suspension of Sentence: Appeal seems to be remote and having regard to the huge pendency of criminal appeals in the High Court bail ordered

  Hon’ble Supreme Court grants suspension of sentence in the ground that the appeal would not come in the near…
• Tuesday, June 9 – Despite investigation records being untraceable and yet the investigation kept pending for two decades is nothing but delayed and denied justice

  In a forgery case plagued by a two-decade delay and lost police records, the Supreme Court ordered the State of Gujarat to conclude the investigation within six weeks and file an affidavit detailing disciplinary actions against the responsible…
• Friday, June 5 – Guidelines to remedy the persistent delay in the pronouncement of reserved judgments by High Courts

  The Supreme Court addressed systemic delays in High Courts pronouncing reserved judgments, ruling that such delays violate Article 21 rights to personal liberty. Exercising its constitutional powers, the Court issued binding, pan-India guidelines mandating that reasoned judgments be pronounced within three months of reservation and that orders involving personal liberty be uploaded immediately. The directive also introduces strict administrative tracking by Chief Justices and grants litigants…
• Thursday, June 4 – Quash: When the amount was fully settled by way of compromise before DRT lodging a complaint before CBI for fraud and forgery is an abuse of process of law

  The Supreme Court quashed criminal charges against a borrower, ruling that a bank’s attempt to prosecute them years after a full, tribunal-approved loan settlement is an abuse of the legal process. The Court held that this delayed action lacked good faith and undermined the finality of negotiated commercial…
• Thursday, June 4 – Bail order set aside: Twin conditions laid down under section 37 NDPS Act should be considered in commercial quantity cases

  The Supreme Court of India allowed the appeal and set aside the previous October 15, 2025, order by the High Court of Punjab and Haryana, concluding a case centered on serious drug offenses that negatively impact public health and the national…
• Thursday, June 4 – Now You Can File Quash Application In Domestic Violence Cases: Hon’ble Supreme Court Settled The Issue

  Mr. Azhar Basha is an Advocate practicing before the District Court of Puducherry and the Madras High…
• Sunday, May 31 – Rs.11 Lakh compensation: The respondent-state challenging the permanent parole granted by the single High Court while having appellant in its illegal custody is against the ‘obey first appeal later’ rule and Article 21

  The Supreme Court ruled that delaying a court-ordered release while contemplating an appeal constitutes illegal detention. Emphasizing the “obey first, appeal later” principle, the Court awarded ₹11,00,000 in compensation for the 24-day violation of personal liberty under Article…
• Sunday, May 31 – An Incomplete Legislative Response to Mob Violence; Restricting Criminalization to Cases Resulting in Death and Negating the Requirement of Mens Rea

  – S. James Raja – Practicing Advocate, Madurai Bench of Madras High…
• Saturday, May 30 – Approver: Since direct evidence has come through the approver (PW.1) who is creditworthy and the circumstantial evidence also corroborated him led to conviction

  The Supreme Court upheld a conviction under IPC Sections 302 and 120B for a 1984 conspiracy and double murder during a truck theft. Rejecting defense claims regarding intent and the approver’s reliability, the Court found the testimony forensically corroborated and murder a foreseeable consequence of the robbery. However, citing the 18+ years already served and remission granted to co-convicts, the Court modified the sentence to time served and ordered immediate…
• Friday, May 29 – Moratorium Protections (IBC) in Section 138 Proceedings referred to Larger Bench

  The Supreme Court ruled that an “IBC moratorium” does not halt “Section 138 criminal proceedings”. Distinguishing between debt recovery and penal liability, the Court held that the insolvency shield protects assets but does not grant immunity for cheque bouncing, allowing prosecutions against individuals to proceed. Referred the matter to larger…
• Friday, May 29 – Section 304A IPC: Acquittal: Driver acted by following conductor’s instructions and moved the bus cannot be said to be reckless

  The Supreme Court acquitted the driver under Sections 279 and 304A IPC, ruling the prosecution failed to prove “culpable negligence.” The Court found that the driver acted on the conductor’s signal and the deceased may have been negligent while alighting, concluding that the lower courts committed a manifest error by applying res ipsa loquitur in a criminal…
• Tuesday, May 26 – Murder Case: Acquittal: Prosecution failed to establish beyond reasonable doubt that the recovery of dead body and failure to do Test Identification Parade of articles

  The Supreme Court upheld a High Court acquittal because the prosecution’s circumstantial evidence was broken. The Court ruled that the body’s recovery was doubtful due to a withheld independent witness , the vehicle was found on an open road rather than in the accused’s possession , the “last seen” theory merely raised suspicion rather than proof , and recovered personal items lacked mandatory Test Identification Parades. Holding that suspicion cannot substitute for legal proof, the Court found…
• Monday, May 25 – No Cheating: It is not alleged that signatures appearing on the Power of Attorney were forged or fabricated and that the executants were impersonated hence disputed claim over the property title is not creating false document

  The Supreme Court allowed the appeals and quashed the FIR against the appellants, ruling that the underlying property dispute was fundamentally civil and already under active litigation since 2000. It held that weaponizing criminal machinery after an unexplained nine-year delay was a gross abuse of the judicial process designed to exert undue pressure. Exercising its inherent powers under Section 482 of the CrPC, the Court set aside the High Court’s order to prevent legal misuse, clarifying…
• Monday, May 25 – After appointing the amicus Curiae he must given a reasonable time to prepare and to meet the accused to get instructions

  The court ordered a retrial because the appellate proceedings failed to provide the incarcerated appellant with effective legal assistance. By appointing counsel as a mere formality without notifying the appellant or allowing for consultation, the court violated fundamental procedural rights, necessitating a fair, de novo…
• Sunday, May 24 – Identity of the accused disclosed by the witnesses (PW.8 & 9) after the arrest of the accused through belated and improved testimonies damaging prosecution’s case

  The Supreme Court fully acquitted the appellant overturning his lower court convictions. The three-judge bench ruled that the prosecution failed to prove guilt beyond a reasonable doubt, citing critical flaws in the identification of the accused and unreliable witness…
• Friday, May 22 – Section 106 IEA: Appellant did not provide satisfactory explanation either for injury marks found on the deceased wife though this fact was within the special knowledge of the accused

  The Supreme Court dismissed the appeal and upheld the appellant’s life sentence for murder (Sections 302 & 201 IPC). The Court ruled that an unbroken chain of circumstantial evidence including a false defense and the appellant’s failure to explain the unnatural death within his home under Section 106 of the Evidence Act conclusively proved his…
• Friday, May 15 – A cryptic order rejecting the prolonged incarceration (22 years) for premature release is quashed [Supreme Court quoted Plato’s advice]

  The Supreme Court quashed a cryptic Ministry of Home Affairs order denying premature release to a petitioner who had served 2 years in prison. Invoking **Platonic philosophy**, the Court ruled that punishment should foster an “instinctive aversion to injustice” rather than serve as permanent retribution, especially when a convict has shown good conduct and reformation. It clarified that the **heinousness of the original crime** cannot be the sole basis for denying remission, as that factor is…
• Wednesday, May 13 – What’s New In April’26

  Judgment Digest of April…
• Wednesday, May 13 – A Study On Secondary Evidence (notes)

  This notes explains the strict legal procedures and foundational requirements under the Indian Evidence Act for introducing secondary evidence when primary documents are…
• Tuesday, May 12 – Acquittal: POCSO: Not conducting a potency test on the accused along with the negative DNA report and lack of eyewitness to the incident creates suspicion about the prosecution’s case

  The Hon’ble Madurai Bench of the Madras High Court acquitted the appellant, overturning his POCSO Act conviction since the prosecution failed to prove foundational facts required to trigger the presumption of guilt under Section 29. The prosecution’s claim that the appellant was the biological father is disproved by DNA test. Further, High Court strongly criticised the trial court’s “omnibus marking” of the entirety of the witnesses’ Section 164 Cr.P.C. statements. The Court clarified that…
• Saturday, May 9 – Section 34 IPC: Evidence on record falls short of establishing either a prior meeting of minds hence mere presence is insufficient to convict the accused with the aid of Section 34 IPC

  The Supreme Court emphasized the rigorous standard of proof required for circumstantial evidence, ruling that the prosecution must establish an unbroken chain of events leading exclusively to the accused’s guilt. Finding significant witness inconsistencies and narrative gaps, the court held that the case was not proven beyond a reasonable doubt, necessitating an acquittal to protect personal…
• Saturday, May 9 – Death Penalty: Supreme Court direct the High Court and States to render skilled and adequate resourced legal representation

  This Supreme Court of India order mandates that High Courts and NALSA establish specialized legal aid panels and standardized guidelines to ensure comprehensive research into a defendant’s mitigating circumstances, specifically for capital punishment…
• Friday, May 8 – Appellant made total denial in his s.313 Cr.P.C statement which is contrary to he fact that he has been admitted in care hospital and no explanation to this denial lead to possession of poision

  The Supreme Court in this judgment upheld a two-year sentence for Sections 306 and 309 IPC, ruling that a mutual “suicide pact” constitutes abetment. Relying on AIIMS and FSL reports, the Court confirmed the cause of death was organophosphate poisoning, dismissing allegations of murder and rape as forensically unsustainable. The appellant was held liable because he intentionally aided the suicide by purchasing the lethal pesticide and failed to provide a truthful explanation of the events under…
• Thursday, May 7 – No Second Section 156(3) CrPC Petition After Closure of Preliminary Inquiry remedy lies only under section 200 CrPC

  SC held a second Section 156(3) CrPC plea can’t reopen an earlier dismissal after a closure report; remedy is under Section 200 CrPC. FIR direction was set aside and the application was to be treated as a Section 200 complaint. Magistrate cannot have review power that too the High Court’s…
• Tuesday, May 5 – Faulty investigation: Though the police officer reached the spot immediately based on the telephone information but did not follow the investigation procedures resulting in prosecution of 16 persons

  The Hon’ble Supreme Court acquitted 16 individuals of murder, condemning a “scripted” investigation that failed to follow the Code of Criminal Procedure, 1973. The Court rejected the prosecution’s case due to major contradictions in witness testimony, lack of medical proof, and the absence of a “common object” under Section 149 of the IPC. Highlighting the unjust long-term incarceration of the accused, the Court set aside the convictions and ordered their immediate…
• Monday, May 4 – Though there are variations in the two dying declarations the second dying declaration is found more believable and witnesses did not state many facts in their 161 statements

  The Supreme Court of India set aside a High Court conviction under Sections 307 and 498A of the IPC by ruling that the prosecution failed to prove the case beyond a reasonable doubt due to three mutually inconsistent dying declarations and questionable medical evidence regarding the deceased’s fitness of mind, ultimately applying the “golden principles” of circumstantial evidence to grant the benefit of the doubt and order an…
• Sunday, May 3 – Court must balance State’s interest and accused’s fundamental right to liberty and should not reject the A.B based on mere A.G or P.P’s statement on offence

  The Supreme Court of India addressed legal challenges regarding a criminal appeal that originated from a special leave petition. The court reviewed the matter on its merits and passed an order to finally dispose of the appeal, ensuring the decision was marked as reportable for legal precedence. This judgment underscores the court’s role in adjudicating complex criminal matters and maintaining the structural integrity of…
• Monday, April 27 – Obtain Bail or Anticipatory Bail in Complaint cases or Go Inside

  This is the research article that leads to a conclusion that in a complaint case an accused appearing for the first time on the summons should file for bail when he appears or must have obtained Anticipatory Bail before he appears. This article also answers that a bond under section 91 BNSS (previously s.88 Cr.P.C) is not an alternative for Bail or A.B.
  _ Author: Ramprakash Rajagopal, Advocate,…
• Sunday, April 26 – Complaint case: Police cannot arrest in complaint cases without an order of arrest u/s 87 Cr.P.C from the court

  The Supreme Court ruled that in private complaints, police have no power to arrest an accused during a magistrate’s inquiry without a non-bailable warrant. Furthermore, while High Courts can deny anticipatory bail, they lack the legal authority to force the accused to surrender and seek regular bail. The Court ordered this clarification be sent to the High Courts in Bihar and Jharkhand to stop these recurring procedural…
• Wednesday, April 22 – Murder case: The eyewitness testimony is trusted more than the doctor’s testimony because eye-witness survived cross-examination

  Appeal Appeal by both the accused (father and son) convicted by the trial court and conviction upheld by the High Court 1. The appellant-convicts before us are the father and son, namely Adalat Yadav and Anirudh Yadav. Criminal Appeal No. 1788 of 2019 has been filed by Adalat Yadav, and Criminal Appeal No. 1789 of…
• Monday, April 20 – 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

  The Supreme Court granted bail to former Jharkhand Minister Anosh Ekka, setting aside the High Court’s refusal to suspend his seven-year sentence in disproportionate assets…
• Sunday, April 19 – Hostile witness: Trustworthy portions of complainant cannot be eschewed even though he affirmed every suggestion made by the defence

  The Supreme Court restored a corruption conviction after finding that a complainant’s hostile testimony did not invalidate the case. The Court ruled that creditworthy portions of a hostile witness’s statement, combined with proven bribe acceptance and a false defense, sufficiently established the demand for illegal…
• Friday, April 17 – 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

  The appellant is challenging the Chhattisgarh High Court’s order dated 08/04/2025, which upheld the charges against him under Section 306 read with Section 34 of the IPC related to the order dated 16/12/2024. The appellant relies on the cases of Sanju @ Sanjay Singh Sengar vs. State of M.P. and Prakash & Others vs. State of Maharashtra, while the respondents reference Ramesh Kumar vs. State of Chhattisgarh and Dammu Sreenu vs. State of A.P. Consequently, the Court ruled that continuing the…
• Friday, April 17 – Constitutional Limits of the Election Commission of India: An Exhaustive Analysis of Article 324 and the Power to Transfer State Officials

  Azhar Basha is an Advocate practicing before the District Court of Puducherry and the Madras High…
• Thursday, April 16 – Maintenance of wife is the Legal Priority over husband’s financial Commitments

  The Supreme Court increased the maintenance amount to ₹25,000 per month under Section 144 of the BNSS. The Court asserted that a husband’s voluntary loan repayments from his salary (₹1,15,670) cannot reduce his primary obligation to support his wife, who alleged harassment, thereby bolstering her right to a dignified…
• Saturday, April 11 – 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

  The Supreme Court set aside the Delhi High Court’s order of quashing the FIR that the one-year limitation period under Section 468 Cr.PC is calculated from the date of filing the complaint or initiating prosecution, not the date the Magistrate takes cognizance. Following the Constitution Bench precedent in Sarah Mathew, the Court held that a diligent complainant who filed an FIR on the day of the incident (May 9, 2011) should not be prejudiced by the state’s delay in filing a charge-sheet or…
• Wednesday, April 8 – Security Cheque: If the signature is not in dispute then the court cannot set aside the summoning order

  Hon’ble Supreme Court restored a Section 138 complaint, ruling that a dishonoured ₹50 crore cheque’s legal enforceability cannot be dismissed before trial. Since the respondent admitted to signing and issuing the cheque, the statutory presumption under Section 139 of the N.I. Act is triggered. This shifts the burden of proof to the accused to disprove liability during a full trial rather than in a summary pre-trial…
• Friday, April 3 – If accused understood the nature of allegations and defended themselves then the omission to sign the charge is not fatal

  The Supreme Court set aside the High Court’s order for a de novo trial, ruling that the trial court’s failure to sign formal charges in 2009 was a curable procedural irregularity under Sections 215 and 464 Cr.P.C.. Since the accused participated in the trial for 14 years and understood the allegations, the Court found no “failure of justice” or prejudice. Reopening the case after the death of key witnesses was deemed a miscarriage of justice that would unfairly penalize the…
• Thursday, March 26 – 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

  The Supreme Court ruled that converting to Christianity results in the “immediate and complete loss” of Scheduled Caste (SC) status. Under the Constitution (Scheduled Castes) Order, 1950, SC protections are strictly limited to those professing Hinduism, Sikhism, or Buddhism. Because the appellant had served as a Christian Pastor for a decade, the Court held he could no longer claim to be a member of the Madiga (SC) community or invoke the SC/ST…
• Saturday, March 21 – 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

  Hon’ble Supreme Court dismissed the State’s appeal, confirming that an accused charged with murder under Section 302 IPC cannot be convicted under Section 364 IPC (abduction to murder) if no formal charge for the latter was framed. S.C ruled that Section 364 is a distinct, independent offence rather than a “minor offence” of Section 302, meaning they are not cognate and cannot be interchanged under Section 222 Cr.P.C.. The Court emphasized that such a conviction without prior notice violates…
• Saturday, March 21 – Legal Drafting – 3: Court Drafting Laws and Technical Elements

  Legal drafting merges law and facts into precise documents using foundational statutes like the CPC and Registration Act. Drafters must strictly follow standard document architecture and specific formatting rules—such as using A4, 75 GSM paper—to ensure enforceability and avoid court registry…
• Friday, March 20 – High Court can quash cheating charges if there was no dishonest intention of false promise while making it and since the making of movie is not false as issuing post-dated cheques is not a false promise

  The Supreme Court quashed criminal proceedings under Section 420 IPC, ruling that a mere breach of contract or failure to return investment funds in a high-risk movie project does not constitute cheating without proof of dishonest intention at the time of the initial promise. Since the appellant actually completed and released the film, the Court found no evidence of early deception and clarified that the dishonor of post-dated cheques issued to discharge an existing liability may trigger…
• Thursday, March 19 – Trial court cannot appreciate inconsistencies in witness testimonies while summoning additional accused under section 319 Cr.P.C

  The Supreme Court allowed the appeals and set aside the lower courts’ refusal to summon additional accused under Section 319 CrPC. S.C ruled that the Trial Court overstepped by conducting a “mini-trial” focused on minor contradictions and a lack of jail records. The Court concluded that the sworn testimony of the complainant and two witnesses provided sufficiently “strong and cogent” evidence to meet the legal threshold for…
• Wednesday, March 18 – Supreme Court Condemns “Bar Hooliganism” in UP: Orders Bail and Transfer of Case to Delhi to Ensure Fair Trial

  The Supreme Court, acting under Article 32, condemned the “sorry state of affairs” in Barabanki, Uttar Pradesh, where toll plaza employees were denied legal representation and their defense counsel’s property was burned by local advocates following a trivial scuffle. Finding the two-month detention of the petitioners a violation of Article 21, the Court ordered their immediate release on bail. To ensure a fair trial and safety from further hooliganism, the Court transferred all proceedings…
• Tuesday, March 17 – The Hon’ble Supreme Court suggested that the main accused’s abscondence is a subconscious acceptance of his guilt

  The Supreme Court upheld the life imprisonment of four appellants for the murder of a village committee chairman. The Court found that the accused, arriving together and fully armed, constituted an “unlawful assembly” under Section 149 of the IPC, making all members vicariously liable for the killing regardless of who fired the fatal shot. Despite defense claims of unreliable witnesses and procedural lapses, the conviction was sustained by medical evidence showing multiple gunshot wounds and…
• Tuesday, March 17 – Acquittal: NDPS: Search before the police is not the third option and the prosecution’s claim of using electronic weighing scale is also questionable

  The Supreme Court upheld the acquittal of the respondent ruling that the prosecution’s failure to strictly comply with Section 50 of the NDPS Act vitiated the trial. Further the prosecution is failed to establish the weighing…
• Sunday, March 15 – Gang rape: Acquittal: Delay in registering the complaint after three months due to shame in disclosing the incident even to her husband is not a natural conduct of a person

  The Supreme Court acquitted the appellants, ruling that the prosecution failed to prove its case beyond a reasonable doubt. The Court found the victim’s testimony unreliable due to a three-month unexplained delay in filing the FIR and significant contradictions regarding the crime scene and witness accounts. Lacking medical evidence or corroboration, the Court held it was unsafe to convict based on a solitary statement that did not inspire…
• Sunday, March 15 – Defence of omission to produce the currency notes in the court was not raised before the Trial court or in the appellate court but only in the SLP

  Raj Bahadur Singh, Excise Constable, convicted under Sections 7 & 13(2) PC Act for demanding/accepting ₹500 bribe from Kashmir Singh (PW1) post-16.06.1990 raid; trap on 19.06.1990 recovered tainted notes, positive phenolphthalein tests; Trial Court (1yr/2yr RI + fines) & High Court (13.04.2012) upheld; Supreme Court sustained conviction, rejected defense (enmity, contradictions, non-production of notes, no S.21 exam), reduced to minimums (6 months S.7; 1 year S.13(2)) considering age (75),…
• Friday, March 13 – Quarrel does not constitute a criminal offence and cannot by itself sustain cognizance of the offences

  The Supreme Court quashed criminal proceedings against the appellants (parents-in-law) after finding that the High Court erred by denying them relief while quashing identical, “general and omnibus” allegations against the sister-in-law. The Court observed that the FIR, alleging cruelty and dowry demands, was filed nearly a year after the husband initiated divorce proceedings, suggesting the complaint was a “counter-blast” to the matrimonial dispute. While the proceedings against the in-laws…
• Thursday, March 12 – Prosecution must prove the custody of sealed article from the time of seizure till they reach the FSL

  The Hon’ble Supreme Court acquitted murder, ruling that the prosecution failed to prove a complete chain of circumstantial evidence. The Court found the recovery of cash doubtful due to amount discrepancies, deemed the preservation of a blood-stained shirt “highly improbable” and unreliable, and declared the FSL report “redundant” because the chain of custody for evidence was breached. Additionally, the call detail records were ruled inadmissible because the mandatory certificate under…
• Friday, March 6 – Confessional statements recorded under section 108 Customs Act found to be voluntary they are substantive pieces of evidence

  The Supreme Court affirmed the conviction of several individuals for smuggling foreign wrist watches in 1985, ruling that voluntary statements under Section 108 of the Customs Act are admissible substantive evidence. However, citing the four-decade delay, the appellants’ advanced age, and the fact they had already served over a year in prison, the Court reduced their sentences to the period already…
• Thursday, March 5 – Cheque Dishonour Cases Digest 2023-2025

  Judgments delivered by Hon’ble High court and Hon’ble Supreme Court of the Year 2023-2025 compiled as…
• Wednesday, March 4 – Quash: The security clause in the agreement discusses adjustment and not refunds thus no criminal offence made out

  The Court dismissed the forgery allegations, ruling that a document’s absence from office records after over a decade does not prove it is forged. It noted that forgery requires the creation of a “false document” as defined under Section 464 of the IPC, and there was no evidence or allegation that the actual title documents submitted by the accused were…
• Tuesday, March 3 – Recovery of weapons of assault is not the sine qua non for convicting the accused since the four eye-witnesses versions corroborated

  The Supreme Court dismissed the appeal of affirming their life sentences for a 1985 double murder. The Court ruled that consistent eye-witness testimony from relatives is reliable and that the non-recovery of assault weapons does not invalidate a conviction when supported by clear ocular and medical evidence. Additionally, the Court found that general questioning during Section 313 CrPC examinations is not grounds for acquittal unless the accused can demonstrate specific material…
• Saturday, February 28 – If the accused resides outside the jurisdiction there need not be a separate inquiry or investigation under section 202 CrPC for complaints filed by public servants

  The Supreme Court set aside the High Court’s order quashing a misbranding complaint against Panacea Biotec, ruling that the mandatory inquiry under Section 202 of the CrPC for out-of-jurisdiction accused is not required when a public servant files a written complaint in their official capacity. The Court emphasized that Section 200 and Section 202 must be read harmoniously, placing public servants on a “different pedestal” that exempts them from such preliminary examination. Furthermore, the…
• Thursday, February 26 – Whether complainant should obtain special leave in the case of appeal against acquittal referred to larger bench

  The S.C court identified a conflict regarding whether a complainant under Section 138 of the NI Act can appeal an acquittal without seeking special leave. Disagreeing with recent precedent, the Bench referred the matter to the Chief Justice for a larger Bench to provide an authoritative pronouncement on the scheme of Sections 372 and 378 of the…
• Wednesday, February 25 – Once the High Court noted multiple injuries on the deceased’s body there was no reason to grant bail to the accused

  Hon’ble Supreme Court set aside a High Court order granting bail to individuals accused of murder and SC/ST Act violations. The Court ruled that members of an unlawful assembly are equally responsible for the crime, making it unnecessary to prove which individual inflicted the fatal injury. It further found the High Court’s reliance on a pending civil dispute as a ground for bail to be “erroneous” and “patently unjust”. Consequently, the bail was cancelled, and the respondents were ordered to…
• Tuesday, February 17 – In exceptional circumstances the court may grant anticipatory bail to an absconder but a co-accused’s acquittal does not ipso facto entitle him to A.B relief

  Supreme Court set aside an order granting anticipatory bail to an accused person who had been absconding for over six years, reiterating that fugitives are generally ineligible for such relief under Section 438 of the CrPC. Also, Supreme Court clarified that the acquittal of co-accused does not entitle an absconder to bail on the grounds of parity. Consequently, the accused was directed to surrender within four…
• Tuesday, February 17 – Literature on Secondary Evidence: Judgment explaining statutory procedure to introduce, mark and appreciate secondary evidence

  This judgment is significant for reinforcing strict evidentiary standards, ruling that a photocopy (Exh. B-2) is inadmissible as secondary evidence unless a party first establishes a factual foundation by proving the original’s existence and justifying its absence under Section 65 of the Indian Evidence Act….
• Monday, February 16 – Bail cancelled due to accused suppressing his criminal antecedents and the submission of a forged Law degree

  The Supreme Court cancelled the bail of appellant ruling that the High Court’s order was perverse for ignoring his suppression of nine criminal antecedents and the gravity of his alleged racket involving forged law degrees. Finding that the respondent misled the court using fabricated credentials to impersonate an advocate, the Court ordered his immediate surrender and introduced a recommendatory disclosure framework for bail applications to prevent such abuses of the judicial…
• Sunday, February 15 – Madras High court directed Vigilance to inquire about a Senior counsel receiving rs. 50 Lakh as Fees to give Judge to get order

  Party N. Ganesh Agarwal vs. The Inspector of Police and Naresh Prasad Agarwal vs. The Inspector of Police – CRL RC No. 1191 of 2015 and Crl.O.P. No. 21243 of 2014 – February 5, 2026 – The Hon’ble Mr. Justice M. Nirmal…
• Sunday, February 15 – Quash: Madras High Court recognises modern day relationship in legal aspects and rules that law is not an instrument for resolving emotional disputes

  This Criminal Original Petition has been filed by the petitioner seeking to quash the proceedings in PRC.No.75 of 2025 pending on the file of the learned Judicial Magistrate No. III,…
• Sunday, February 15 – EC ACT: On the date of prosecution both the laws regarding cement were not in operation hence unauthorised storage of cement by the accused is not illegal

  The Supreme Court set aside the conviction of the appellant under the Essential Commodities Act because the statutory control over cement had been rescinded by the Cement Control (Amendment) Order, 1989, and a 1990 notification prior to the 1994 incident. Although the appellants were found with diverted Government-quota cement, the Court ruled that the prosecution was legally foundationless since no operative order under Section 3 existed at the time of the offence. Applying the principle that…
• Friday, February 13 – Accused must first commit an offence under the IPC in addition accused must know that the victim belongs to SC or ST

  In this judgment the Supreme Court quashed charges under the SC/ST Act because the FIR and witness statements lacked evidence of casteist slurs or the “knowledge” of the victim’s caste required to establish a prima facie case. The Court held that while the accused still faces trial for various IPC offenses—including rioting and causing grievous hurt—the special provisions of the Atrocities Act could not be applied mechanically without specific averments of caste-motivated intent….
• Tuesday, February 10 – Husband died but PW.1 (wife) survived by sustained injuries High Court by reasoned judgment reduced the sentence and directed to pay compensation

  Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C., to set aside the judgment made in S.C.No.84 of 2012 on the file of the Principal Sessions Judge, Krishnagiri, Krishnagiri District dated…
• Thursday, February 5 – Strict Procedure: Trial courts must inform the accused of their right to engage legal aid if they cannot afford a counsel

  In this case the Supreme Court granted bail to the appellant after four years of incarceration for NDPS Act offenses, citing parity with a co-accused who had already been released. While allowing the appeal and setting aside the High Court’s denial of bail, the Court issued a mandatory directive requiring trial courts to inform all accused persons of their right to legal representation and to formally record the offer of legal aid before commencing witness…
• Saturday, January 31 – Murder: Acquittal: Deceased informing the witness that he is going to meet the accused in the evening is not proof of last seen theory

  The Supreme Court restored the acquittal of the appellants, ruling that the High Court erred in reversing the Trial Court’s decision based on an incomplete chain of circumstantial evidence. The Court found the “last seen together” theory unproven, the medical evidence regarding homicide inconclusive, and the recovery of alleged murder weapons and belongings procedurally suspect. Furthermore, the Court rejected the retracted confessional statements, noting they were recorded without offering…
• Friday, January 30 – Seized Contrband from Nepal Border: Absence of entry mark in the original passport of the accused creates doubt of the arrival of the accused into India

  The Supreme Court acquitted the appellant of drug smuggling charges, ruling that the search violated mandatory NDPS Act safeguards regarding the right to be searched before a Gazetted Officer. The Court found reasonable doubt in the prosecution’s case due to inconsistencies in the appellant’s passport entries and the suspicious disappearance of his pet dog, which supported the defense’s claim of false…
• Friday, January 30 – Section 175(4) BNSS: A guide for Judicial Magistrates

  The Supreme Court ruled that Section 175(4) of the BNSS is not a standalone provision but serves as a procedural adjunct to Section 175(3) BNSS, meaning complaints against public servants for acts arising from official duties must be supported by an affidavit. The Court upheld the Division Bench’s decision, clarifying that Magistrates must verify the affidavit and may exercise discretion to seek a superior officer’s report before ordering an investigation to prevent frivolous…
• Sunday, January 25 – Supreme Court set guidelines for the appellate courts on how to appreciate appeals against acquittal

  The Supreme Court set aside the High Court’s conviction and restored the Trial Court’s acquittal of the appellants in a 2011 murder and conspiracy case. The Court found that the prosecution failed to prove an unbroken chain of circumstantial evidence or a clear motive. A key factor was discrediting the sole “eye-witness” (PW-5) as a planted witness due to his 21-day silence and contradictory statements. Additionally, the medical evidence regarding the time of death contradicted the…
• Sunday, January 25 – Since the fitness of the deceased of making dying declaration is proved the statement of murder is believable

  The Hon’ble Supreme Court restored the conviction of the appellant for the murder of his wife, ruling that a voluntary and truthful dying declaration recorded by a Magistrate is sufficient for conviction even without corroboration. The Court found that the High Court erred by dismissing this evidence over minor time discrepancies and technicalities, noting that the respondent’s attempt to extinguish the fire did not negate his culpability. Consequently, the order of acquittal was set aside,…
• Saturday, January 24 – Bail: Since the appellant has another case of cheating in which many people are involved and there is no option of escape from trial

  The Supreme Court granted bail to the appellant, a dentist accused of abetting the suicide of his wife, Dr. Richa Pandey. The Court noted that the FIR and initial statements contained no allegations of dowry demands and that the deceased, an anaesthetist, died from a self-administered or self-inflicted injection of Atracurium Besylate. Given that the appellant had been in custody since March 25, 2025, and there was no evidence he was a hardened criminal , the Court set aside the High Court’s…
• Thursday, January 22 – Payment to secure a government Job is considered a bribe and does not attract offence under section 138 NI Act

  Preface: The Criminal Appeal is directed against the judgment made in C.C.No.32 of 2017 dated 04.01.2018 on the file of the Fast Track Magistrate Court, Srivilliputtur, acquitting the respondent for the offence under Section 138 of the Negotiable Instruments (hereinafter referred as ‘NI’)…
• Sunday, January 18 – Section 193 BNSS: Directions issued on strict adherence to Timelines for investigation and filing of final report

  Prayer: Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to direct the second and third respondents to file a final report in Crime No.17 of 2024 on the file of the second and third respondents within a time frame fixed by this…
• Sunday, January 18 – POCSO: Victim’s contradictory statements cannot form the basis for quashing criminal proceedings but Trial court must careful on misusing this Act

  This Criminal Original Petition has been filed seeking to quash the proceedings in Spl.SC.No.126 of 2025 pending on the file of the Special Court for Exclusive Trial of Cases under the POCSO Act,…
• Friday, January 16 – Before granting bail High Court should have considered the chargesheet filing and available prima facie materials for POCSO offence

  The Hon’ble Supreme Court cancelled the bail of the accused, Arjun, on January 09, 2026. Justices B.V. Nagarathna and R. Mahadevan found the High Court’s bail order “manifestly erroneous” for ignoring the gravity of the charges, which involved the repeated gang-rape and armed intimidation of a 14-year-old victim. The Court noted that the High Court failed to consider the filed chargesheet and the victim’s corroborative statements, while also highlighting credible reports of post-release witness…
• Thursday, January 15 – POCSO: The necessity of the Romeo-Juliet Clause to safeguard against the misuse

  The Supreme Court set aside the Allahabad High Court’s directions mandating medical age determination for victims at the start of POCSO investigations, ruling that such orders exceed bail jurisdiction under Section 439 CrPC and improperly bypass the statutory hierarchy of Section 94 of the JJ Act. The Court emphasized that age determination is a matter for trial rather than the bail stage, where courts should only take a prima facie view of documents to avoid conducting impermissible…
• Monday, January 12 – Legal Drafting -2: Defining Legal Drafting (A short overview)

  Summary: Legal drafting is the creation of binding documents—such as contracts, statutes, and pleadings—that clearly define legal rights and obligations. Its primary goal is “preventative law”: writing with such absolute precision and clarity that ambiguity is eliminated, thereby ensuring the document is enforceable and preventing future disputes. Defining legal drafting Legal drafting is the specialized…
• Sunday, January 11 – Legal Drafting-1: The Grammar Toolbox: How to Use ‘Would,’ ‘Should,’ and ‘Could’ Correctly

  This section, 'Legal Drafting,' has been introduced in response to numerous requests from legal professionals. Based on the requests, section1.in/section-v1/ has constituted advocates with more than 10 years of practice in action, under the supervision of senior practitioners in this field; Combinedly they provides a structured framework (only for English Language) ensuring comprehensive learning and skill development in legal drafting. As per their advice we have started this…
• Sunday, January 11 – POCSO, Preliminary Enquiry and Adolescent Complaints (14–18 Years): The Case for Structured Post-FIR Preliminary Enquiry and Victim-Centric Preliminary Assessment for Truth, Fair Investigation and Child Protection

  Author: S. Prasath, Deputy Legal Aid Counsel(Puducherry); Co-Author: Lavanya Thirumalai,…
• Sunday, January 11 – The Architecture of Institutional Incarceration: A Mixed Doctrinal and Empirical Analysis of UAPA Enforcement Patterns and Bail Jurisprudence

  Thiru. Azhar Basha is a lawyer and legal researcher with a keen interest in gender justice, criminal law reforms, and access to legal remedies. He writes on contemporary legal developments, especially those affecting women and marginalized…
• Sunday, January 11 – Legislative Continuity and Procedural Disruption

  Understanding the Bailability of Section 118(1) of the Bharatiya Nyaya Sanhita, 2023 vis-à-vis Section 324 of the Indian Penal Code** A Legislative Transition Dilemma under the New Criminal Justice Regime** Author Details: Mr. S. Lokkeswaran; Assistant Public Prosecutor (CBCID),…
• Saturday, January 10 – Section 142 N.I Act mandates the delay must first be condoned before taking cognizance till then the it does not figure as a regular matter on the court’s file till the delay is condoned

  The Hon’ble Supreme Court quashed a complaint under Section 138 of the Negotiable Instruments Act, ruling that a Magistrate cannot take cognizance of a time-barred complaint without first condoning the delay. Interpreting the proviso to Section 142(1)(b), the Court held that the condonation of delay is a mandatory prerequisite that must precede the act of taking cognizance, and failure to follow this sequence is not a mere curable…
• Sunday, January 4 – Bail Ability Of Section 351(3) Of The Bharatiya Nyaya Sanhita, 2023 (Do Colonial-Era Notifications Survive the New Criminal Procedure Code)

  The article undertakes a doctrinal and constitutional analysis of a significant transitional issue arising out of India’s new criminal law regime, particularly the continued treatment of Section 351(3) of the Bharatiya Nyaya Sanhita, 2023 as a non-bailable offence in certain jurisdictions based on pre-constitutional executive notifications. The paper critically examines the scope of saving clauses under the Bharatiya Nagarik Suraksha Sanhita, 2023, the doctrine of repeal, and the implications…

2025

• Thursday, December 25 – Acquittal: Though circumstantial evidence casts doubt on the homicide committed by the accused but the same is inconclusive without any corroborative evidence and based on mere last seen together

  The Supreme Court set aside the appellant’s conviction for murder and disappearance of evidence, ruling that circumstantial evidence based solely on the “last seen together” theory was insufficient for a conviction. The Court emphasized that for a conviction based on circumstantial evidence, the prosecution must establish a complete chain of events that excludes every hypothesis of innocence, known as the “Panchsheel” principles. Finding that the prosecution failed to prove a clear motive or…
• Thursday, December 25 – Neither the State nor the Victim nor the Complainant had sought enhancement in appeal but the High Court converted the sentence into a conviction of the accused in a suo-motu revision is illegal

  The Supreme Court set aside a High Court order that had suo motu enhanced an accused’s conviction, ruling that an appellate court cannot leave an appellant in a worse position than they were before filing their appeal….
• Tuesday, December 23 – Abatement: If a particular proceeding shall be instituted and prosecuted by a particular person only then on his death the proceeding would abate

  The Hon’ble Supreme Court of India set aside orders from the High Court of Madhya Pradesh that had dismissed a criminal revision petition as abated following the death of the original revisionist. The Court clarified that unlike criminal appeals, the law of abatement under Section 394 of the Cr.P.C. does not apply to revision proceedings because the High Court exercises a discretionary statutory power to supervise the administration of justice and ensure the legality of lower court orders. The…
• Sunday, December 21 – Setting aside a bail order (including suspension of sentence) by a higher court is not the same as cancelling bail as the former is concerned with the justifiability and soundness of the order granting bail

  Hon’ble Supreme Court set aside the Rajasthan High Court’s suspension of a POCSO convict’s 20-year sentence, faulting superficial Section 389 CrPC analysis ignoring prosecutrix testimony and presumptions, and directed surrender by 30 August 2025 citing precedents such as Omprakash…
• Friday, December 19 – The Sessions Court has no power to sentence the accused to life without remission

  Supreme Court upheld conviction under Section 302 IPC for 2014 widow-burning murder based on dying declarations, accused’s flight, and medical evidence despite hostile witnesses, but corrected Sessions Court’s non-remissible life sentence without set-off (incompetent per Swamy Shraddananda/Sriharan), confirming standard life with Section 428 CrPC set-off, remission/commutation, and concurrent…
• Thursday, December 18 – Seizing material objects from the body of the accused and attempted to convert it as recovery is against the principle of section 27 IEA

  The Supreme Court partly allowed A2’s appeal against conviction for 2019 gang rape and murder near Yellapatar Village, upholding IPC Sections 302/376D r/w 34 based on circumstantial evidence—witnesses placing accused in victim’s vicinity, injuries confirming homicide/rape, DNA matches, bloodstains, failed alibi—but rejecting inadmissible confession, Section 27 recoveries, and “last seen” theory. Acquitted A2 under Section 404 IPC and SC/ST Act (no caste knowledge proven), modified sentence…
• Wednesday, December 17 – NDPS: Humanitarian considerations cannot override the statutory minimum punishment mandated by the legislature hence sentence is not reduced

  The Supreme Court upheld the conviction of the appellant under Sections 8(c) read with 20(b)(ii)(C) and 29(1) of the NDPS Act for transporting 23.5 kg of ganja with her husband, rejecting challenges based on absence of independent witnesses, alleged illegality in drawing samples at the spot, and supposed non-compliance with Section 52-A, while considering her youth, first-offender status and role as sole caregiver of a minor child only at the stage of…
• Tuesday, December 16 – Accused is armed and the deceased is unarmed hence exception 2 (private defence) to section 300 IPC not applicable

  The Supreme Court dismissed the appeal, convicted of murder under Section 302 IPC. The appellant sought a lesser conviction by invoking Exception 2 (self-defense) or Exception 4 (sudden fight) to Section 300 IPC. The Court rejected both, noting that the deceased was unarmed and had suffered four fatal knife blows to vital parts, including the common carotid and subclavian arteries. Citing Bhagwan Munjaji Pawade v. State of Maharashtra, the Court held that Exception 4 requires a bilateral…
• Sunday, December 14 – Impeachment Proceedings and Role of Lawyers

  I have been invited by a senior lawyer of the Bar from Madurai (when he is calling “neutral” advocates in an open forum where I am also a member advocate in that forum) to convene and consolidate against the constitutional impeachment proceeding which was taken against His Lordship Mr. Justice G.R. Swaminathan by the Tamilnadu…
• Friday, December 12 – NDPS: Mere non-compliance or delayed compliance with section 52-A is not fatal unless irregularity affecting the integrity of the seized substance

  The Supreme Court dismissed the appeal, upholding her conviction and the mandatory minimum sentence of 10 years’ rigorous imprisonment for the conscious possession of a commercial quantity (23.500 kg) of ganja under the NDPS Act. The Court rejected arguments regarding the lack of independent witnesses and deemed the alleged non-compliance with Section 52-A (sampling at the spot) a non-fatal procedural irregularity, as the integrity and identity of the seized samples were established by the…
• Monday, December 8 – Witness did not name any person from the locality who had seen the incident and not a single witness from the locality was examined who had seen the incident

  The Supreme Court allowed the appeal and set aside their conviction under the IPC and SC/ST Act. The Court found the conviction indefensible due to numerous inconsistencies, including the victim’s (PW-1) conflicting testimony, the failure to examine any independent locality witnesses despite PW-2 (victim’s brother) claiming many had seen the incident, and medical evidence suggesting the simple injuries could have resulted from a fall or scuffle, supporting the defense’s theory of a fight at a…
• Monday, December 8 – If the case does not fall within the recognised parameters for quashing courts must avoid delving into disputed facts at the pre-trial stage

  The Supreme Court dismissed the appeal upholding the High Court’s refusal to quash criminal proceedings against the appellant for IPC Sections 420, 344, and 506. The Court rejected the appellant’s argument that the dispute was purely civil, reasoning that the material (FIR, charge sheet, and four witness statements) disclosed a prima facie case of criminal liability. Specifically, the key document relied upon by the appellant, the No-Dues Certificate, was contested by the prosecution, meaning…
• Monday, December 8 – The Tamil Nadu Rent Act, 2017 Needs Constitutional Correction

  S. James Raja, B.Sc., LL.M.,
  Advocate, Madurai Bench of Madras High Court; District & Sessions Courts, Madurai, Sivagangai; and various courts across Tamil…
• Thursday, December 4 – The Chilling Effect: How India’s Criminal Defamation Laws and Legal Roadblocks Hinder People’s Access to Justice, Compared to the U.S. ‘Actual Malice’ Standard That Protects Free Speech in Today’s Digital World

  Azhar Basha is a lawyer and legal researcher with a keen interest in gender justice, criminal law reforms, and access to legal remedies. He writes on contemporary legal developments, especially those affecting women and marginalized…
• Thursday, December 4 – Madras High Court (Madurai Bench) directed the witnesses to pay rs.10 lakh as compensation to the accused in NDPS case for giving false evidence against him

  The appellant/A4 in C.C.No.329 of 2021 on the file of the learned I Additional Special Court for NDPS Act Cases, Madurai (FAC), has filed this appeal, challenging the conviction and sentence imposed on him by virtue of judgment dated 15.03.2023, under Sections 8(c) r/w 20(b)(ii)(C) of the NDPS Act. Brief Fact 2. On 26.06.2021, at…
• Tuesday, December 2 – High Court ought not to have granted bail on the sole ground of parity but to have considered all other principles too while granting bail

  The Supreme Court set aside the bail orders for accused Rajveer and Prince in a murder case, ruling that the High Court erred in its application of legal principles. For Rajveer, the Court held that “parity” with a co-accused cannot be the sole ground for bail, particularly because Rajveer was the “instigator” of the crime, a role distinct from the co-accused he claimed parity with. Consequently, Rajveer was ordered to surrender, while Prince’s case was remanded to the High Court for fresh…
• Monday, November 24 – A confessional FIR given by one accused cannot be used against the other accused including the maker further contents of such FIR cannot be read in evidence

  The Supreme Court overturned the conviction of the appellant and acquitted him of all charges. The judgment, authored by Justice J.B. Pardiwala, found that the conviction was based on “no legal evidence” and that the High Court had erred by relying on the confessional FIR (inadmissible) and improperly applying Exception 4 to Section 300 of the…
• Saturday, November 22 – Guidelines to the Courts to take control over investigation including sanctioning order

  The Supreme Court allowed this appeal of an IAS officer, against the continuation of criminal proceedings for alleged arms license irregularities. The Court quashed the case because the sanction for prosecution was invalid, as the sanctioning authority failed to demonstrate the necessary application of mind. Furthermore, the 11-year delay in filing the chargesheet violated the appellant’s fundamental right to a speedy trial under Article 21, leading the Court to set aside the order taking…
• Friday, November 21 – The offence under Section 195A IPC is a cognizable offence so the power of the police to take action in relation thereto under Sections 154 CrPC and 156 CrPC cannot be doubted

  The Supreme Court clarified that the offense of Threatening any person to give false evidence under Section 195A IPC is a cognizable offense, distinguishing it from the non-cognizable offenses under Sections 193-196 IPC. Consequently, the restrictive procedure of filing a complaint only by the Court under Section $195(1)(b)(i) read with Section 340 CrPC does not apply to Section 195A IPC. The criminal process can be initiated through either a police FIR under Section 154 CrPC or by the…
• Thursday, November 20 – How to examine the witness through video conferencing is explained in this judgment but in a different way

  The Supreme Court allowed the appeal setting aside his conviction for murder and other charges, thereby acquitting him and ordering his release after nearly 15 years in custody. The Court found the prosecution’s evidence insufficient, specifically discarding the sole eye-witness identification as unreliable (due to being made over eight years later via video conferencing) and ruling that the recovery of a blood-stained garment was inadequate because the human blood found could not be matched to…
• Tuesday, November 18 – To prove dacoity the offence of robbery must first be established in the case on hand settlement between the parties dilutes the allegation of ‘dishonest intention’ leading to dacoity hence matter quashed

  The Supreme Court quashed the entire FIR (C.R. No. 270 of 2024) against the appellants, allowing the appeal. The Court reversed the High Court’s partial order, finding that since the dispute was amicably settled, all stolen property was returned, and the primary motive was to retrieve institutional files, not commit theft or wrongful gain, the necessary ‘dishonest intention’ for dacoity (Section 310(2) BNSS/Section 395 IPC) was absent. The compromise accepted for other offences equally diluted…
• Saturday, November 15 – High Courts shall not conduct ‘Mini Trial’ by embarking upon an enquiry about the credibility of the allegations in the complaint and the FIR

  The Hon’ble Supreme Court set aside a High Court order that had quashed an FIR (under Section 498A IPC and Dowry Prohibition Act) against the husband’s family. The Court held that the High Court had improperly engaged in a “mini trial” by scrutinizing minor inconsistencies (like the omission of specific dates in earlier complaints) to determine the truth of the allegations. The Supreme Court ruled that a conjoint reading of the complaints and FIR showed prima facie allegations of harassment…
• Saturday, November 15 – Co-accused confession to the police may have relevance only on the recovery made in furtherance of the said disclosure

  The Supreme Court allowed the present appeal, setting aside the appellant’s conviction and life sentence for murder. The conviction, affirmed by the High Court, was based mainly on the recovery of a pistol and cartridges from appellant’s house and an FSL report correlating them with the deceased’s bullets. However, the alleged eyewitnesses (PW-1 and PW-5) turned hostile. The Court found the recovery suspicious because the weapon was found in an unlocked box accessible to other family…
• Wednesday, November 12 – POCSO is an individual crime further related parties were married and having a child together hence the case is quashed

  Criminal Original Petition filed under section 528 of BNSS to call for the entire records in connection with the Impugned FIR in Cr.No.54 of 2023, on the file of the 1st respondent police and quash the same on the ground of compromise and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the…
• Sunday, November 9 – Who can prefer the appeal against acquittal in the case initially registered by state police later transferred to CBI investigation is left open to decide in a suitable case

  The Supreme Court has ruled on appeals against the acquittal of Amit Aishwarya Jogi, who was tried for a 2003 murder conspiracy. The Court dismissed the State of Chhattisgarh’s appeal, affirming that the State could not appeal the acquittal in a case investigated by the CBI, based on the precedent set in Lalu Prasad Yadav. The appeal by the de-facto complainant, Satish Jaggi, was also dismissed because the victim’s right to appeal against acquittal (proviso to Section 372 CrPC) did not apply…
• Thursday, November 6 – Even on a (private) complaint the Magistrate before taking cognizance is empowered to forward the complaint for investigation under section 156(3) Cr.P.C

  The Supreme Court allowed the complainant’s appeals, restoring the FIR against the private respondents for offenses like forgery and cheating (including Sections 120B, 468, and 420 of the IPC). The complaint was lodged after a Rent Agreement produced by the accused in a pending civil appeal was discovered to be fabricated, using a fake E-Stamp Paper that had the same serial number as a Sale Agreement between unrelated parties. Setting aside the High Court orders that had quashed the…
• Monday, November 3 – Section 149 IPC: It is not necessary that each member of an unlawful assembly to commit overt act but once participation and sharing of a common object is proved every member is liable for the offence

  The Supreme Court affirmed the convictions of appellants for murder and attempted murder under Sections 302 and 307 read with Section 149 of the IPC. The Court upheld the High Court’s decision to reverse their acquittal, finding that the Trial Court’s view was unsustainable. The judgment relied on the consistent ocular testimony of injured eyewitnesses (PW-1, PW-7, and PW-9), which was strongly corroborated by medical evidence. The Court held that the appellants were integral members of an…
• Thursday, October 30 – Informer (unidentified informant) not examined before the court nor his statement was reduced hence accused aquitted

  The Supreme Court of India allowed the appeal of Mohamed Sameer Khan and set aside his convictions for murder, rape, robbery, and house-trespass. The case was based on circumstantial evidence, and the Court found that the prosecution failed to establish a complete chain of events leading to his guilt. Key missing links and doubts included: the non-examination of Marcus (who was last seen with the Appellant); the lack of any forensic evidence (fingerprints, hair, or skin samples) connecting him…
• Saturday, October 25 – TVK & CBI: Karur Stampede: Interim order and directions regarding CBI investigation on the issue

  SLP preferred against the Hon’ble Madras High Court direction to SIT 1. In the present set of matters, Special Leave Petition Diary No. 58048 of 2025 has been filed against the order of the learned Single Judge of the Madras High Court dated 3.10.2025 passed in Writ Petition Criminal No. 1000 of 2025, challenging the…
• Friday, October 24 – Voice sample of persons: Ritesh Sinha judgment shall apply for Cr.P.C and after 2024 section 349 BNSS shall apply

  The Supreme Court set aside the High Court’s order that had stalled a Magistrate’s direction to the 2nd respondent to provide a voice sample. The High Court had erred by relying on a reference to a Larger Bench that was already closed. Citing the binding precedent of Ritesh Sinha v. State of Uttar Pradesh & Anr, which established the power of a Judicial Magistrate to order a voice sample even without an explicit Cr.P.C. provision, the Court ruled that furnishing a voice sample does not violate…
• Wednesday, October 22 – Permission to cross-examine (hostile) the witness by the party calling should be given only in special cases

  The Supreme Court upheld the appellant’s conviction and sentence, including life imprisonment, for offenses committed against a minor girl belonging to a Scheduled Caste. The appellant was convicted for kidnapping (Section 363 IPC), abduction (Section 366 IPC), rape (Section 376 IPC and Section 4 POCSO Act), criminal intimidation (Section 506 IPC), and for committing these acts with knowledge of the victim’s caste under Section 3(2)(v) of the SC/ST Act. The Court confirmed the victim’s minority…
• Monday, October 20 – Unless there is irregularity in funding from international sources either U.P Act or IPC do not prohibit gatherings or doing charity work in the name of religion

  The Supreme Court, in the case allowed a batch of petitions and appeals, quashing multiple FIRs filed under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, on the grounds that permitting the initiation of criminal proceedings at the instance of strangers or unrelated third parties diluted the freedom of religion and amounted to an impermissible intrusion into the protected sphere of individual freedom, further observing that receiving foreign aid and carrying out…
• Monday, October 20 – Murder caes: Acquittal: One witness did not mentioned other witnesses at the SOC

  The Supreme Court acquitted the appellant and three co-accused (Govardhan, Raja Ram, and Bhima) under Article 142, setting aside their conviction for murder. The Court ruled that the prosecution’s case was severely undermined because the two alleged eyewitnesses, Madho Singh (PW-5) and Puniya (PW-12), gave highly contradictory and unreliable testimonies regarding the genesis and place of the occurrence. Both witnesses contradicted each other and the initial FIR, and one admitted to a political…
• Sunday, October 19 – Since no provocation nor blow stuck by mistake or accident section 300 Exception- 1 would not attract

  The Supreme Court dismissed the appeal in which the accused was convicted under Section 304 Part-II, IPC (culpable homicide not amounting to murder) for killing an innocent intervenor, ‘S’, with an axe. While the Sessions Court sentenced him to ten years, the High Court reduced it to eight years rigorous imprisonment. The Court found no reason to further reduce the sentence, despite the appellant being 20 years old and motivated by the alleged rape of his cousin ‘C’ by the deceased’s brother….
• Saturday, October 11 – No immediate complaint was made and the hymen was intact therefore the conviction and sentence under Section 9(m) read with Section 10 of POCSO cannot be upheld

  This Criminal Appeal has been preferred as against the judgment dated 08.06.2022 passed in S.C.No.81 of 2021 on the file of the learned Sessions Judge, Mahila Court, (Fast Track Mahila Court), Tiruppur, thereby convicted the appellant for the offence punishable under Section 9(m) r/w 10 of POCSO…
• Wednesday, October 8 – Criminal court has no power to recall or review its own judgment except to correct or rectify clerical errors by virtue of Section 403 BNSS (section 362 Cr.P.C)

  The Supreme Court allowed the appeal by the State of Rajasthan, quashing the High Court’s orders that had recalled an earlier decision and transferred the investigation of FIR No. 202 of 2024 and 234 of 2024 to the CBI. The Court ruled that the High Court had illegally reviewed its own reasoned order of January 16, 2025, under the guise of correcting a “clerical mistake,” which is impermissible for a criminal court under Section 528 BNSS [Section 482 CrPC] and Section 403 BNSS [Section 362…
• Wednesday, October 1 – Cheque cases courts need not summon the accused before taking cognizance since NI Act is a special enactment

  The criminal appeal arising from a complaint under Section 138 of the Negotiable Instruments Act, where the appellant had issued a cheque that was dishonoured due to insufficient funds. The trial court had acquitted the accused, but the High Court reversed the decision and convicted him. Upon appeal, the Supreme Court examined the statutory presumptions under Sections 118 and 139 of the NI Act, the burden of proof, and the evidentiary value of the cheque and related documents. The Court…
• Tuesday, September 30 – Accused were permitted to leave the court without any formal order of release or even without taking a bond under section 88 of the Code

  The Supreme Court of India, in this case, allowed the appeals and set aside the bail granted to the accused couple, in a cheating case involving an initial amount of and a claimed total of. The Court found the orders granting and upholding bail by the ACMM (November 10, 2023), Sessions Judge (August 16, 2024), and the High Court (November 18, 2024) unsustainable. A primary reason for the interference was the conduct of the accused before the High Court, where they obtained and enjoyed interim…
• Monday, September 29 – Prosecution has to prove to whom A1 has sold the stolen article and obtained sale proceeds of rs. 8000

  This Criminal Appeal is directed against the order of acquittal made in S.C.No.552 of 2016, dated 13.12.2019, on the file of learned IVth Additional District Court, Madurai by erroneously acquitting the accused from the offences under Section 120(b), 302 r/w 397 r/w 34 of…
• Saturday, September 27 – Murder case: Acquittal: Not disclosing an important fact to the police assumes great importance and is highly suspicious

  The appeal of an acquittal by the Rajasthan High Court for the murder of Suresh Sharma. The Supreme Court upheld the High Court’s decision, citing insufficient evidence and flaws in the prosecution’s case regarding motive, the “last seen” theory, and evidence…
• Friday, September 26 – Prayer regarding clubbing of present interstate FIRs and also the future FIR is overambitious and outright illegal

  The Supreme Court of India rejected the clubbing of all FIRs across various states against a firm accused of duping investors, deeming such a request “overambitious and outright illegal”. The Court distinguished this case from previous precedents due to the differing essential facts and the impracticality of gathering witnesses from multiple locations for a single trial. Instead, it allowed the transfer of FIRs only within Telangana and Maharashtra where multiple cases were registered….
• Saturday, September 20 – In money claim matters appropriate ownership of the sum of money can be determined only after all the evidence is taken and not at the stage of FIR

  Appeal against the disposal of case property in connection with FIR 2. The appellant-accused has challenged a judgment passed by the learned Single Judge of the High Court of Gujarat at Ahmedabad in R/Special Criminal Application (Quashing) No. 1955 of 2024, dated 4th December 2024 whereby release of case property (cash) in connection with First…
• Saturday, September 20 – Quash: NI Act: If the notice amount is different from the cheque amount then cheque proceedings are bad in law and the defence of typographical error is irrelevant

  The Supreme Court of India ruled that a legal notice demanding a different amount than the one on a dishonoured cheque is invalid. The appellant, Kaveri Plastics, had a cheque for ₹1,00,00,000 dishonoured but sent a notice demanding ₹2,00,00,000, claiming it was a “typographical error”. The Court upheld the High Court’s decision to quash the complaint. It stated that the phrase “the said amount of money” in Section 138 of the Negotiable Instruments Act requires the demand to be for the…
• Wednesday, September 17 – Acquittal: Animosity between the parties is not sufficient to prove the crime either direct or circumstantial

  The Supreme Court of India acquitted the appellant, overturning his conviction for murder and kidnapping. The conviction, which was upheld by the High Court, was based on circumstantial evidence. The key witnesses, PW-5 and PW-6, turned hostile and failed to prove that the deceased was last seen with the appellant or that the kidnapping occurred. The court found that the prosecution failed to prove the crime, leading to the appellant’s…
• Wednesday, September 17 – PC Act: Mere registration of disproportionate assets in the name of public servant’s relative or friend does not make that person guilty of abetment [dissenting version in judgment]

  The Supreme Court of India concerning offenses under the Prevention of Corruption Act. The case involved an appeal against the High Court’s decision to acquit P. Nallammal (Accused No. 2) of charges under Section 109 of the Indian Penal Code read with Section 13(1)(e) and Section 13(2) of the Prevention of Corruption Act. The Supreme Court upheld the High Court’s judgment, confirming the acquittal of the accused, and consequently dismissed the appeals filed by the…
• Monday, September 15 – Though conviction shall not be based on an extra-judicial confession but in the case on hand the prosecution has proved the murder through other evidence beyond all reasonable doubts

  The prayer in the document is a Criminal Appeal filed under Section 374 of the Criminal Procedure Code to set aside the judgment in S.C.No.11 of 2019 and acquit the…
• Thursday, September 11 – Section 223 BNSS: Whether cognizance on offence or includes offender?

  Author: Rajavel @ Rajubhai.B.A.,LLB., Practicing in Tirupattur and other courts…
• Wednesday, September 10 – Timely Quash order

  Prayer: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita to call for the records in suo motu order dated 04.09.2025 passed by the learned Special Judge for the Trial of Offences under the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act in Crime No.283 of 2025 and set aside the same as wholly illegal and without…
• Tuesday, September 9 – Witness Protection Scheme, 2018 has no role to play in cancellation of bail on the ground of threatening the witnesses

  The Supreme Court overturned the Allahabad High Court’s decision regarding bail cancellation, ruling that the Witness Protection Scheme is not a substitute for canceling bail when an accused threatens witnesses, and remanded the case for a merits-based review of the bail cancellation…
• Wednesday, September 3 – SICA does not create any legal bar to file criminal case against a SICK company or its directors as per s. 138 N.I Act

  The provided judgment is from the Supreme Court of India concerning the dishonour of cheques under the Negotiable Instruments Act, 1881. The judgment, delivered by Justices Manoj Misra and Ujjal Bhuyan, set aside the High Court’s order and restored the proceedings to the Magistrate’s court. The decision relied on precedents that addressed the recall of processes and the legal standing of “SICK” industrial…
• Tuesday, September 2 – Procedure in Rape and Offences against women  Cases Under the Bharatiya Nagarik Suraksha Sanhita 2023 ; A Victim Centric Approach

  Author of this article is: Advocate M. Shanthini Mathiyalagan B.A.B.L,
  practicing advocate in Pudukkottai. Enrollment number:…
• Thursday, August 28 – DNA: Since the specimen samples collected must have been consumed when the first DNA report was prepared and hence the supplementary and the first DNA reports are piece of trash paper

  This case resulted in the acquittal of the appellants. The Hon’ble Supreme Court overturned the conviction and sentence from the trial court and the High Court, finding that the prosecution failed to provide credible evidence to prove the accused-appellants’ guilt beyond a reasonable doubt in a case involving the rape and murder of a 12-year-old girl. The Court highlighted significant flaws in the investigation, including inconsistencies in witness testimonies, doubts regarding the recovery…
• Thursday, August 28 – Section 8 of the Goa Children’s Act 2003 intent is to protect children against serious forms of abuse and not to criminalise minor

  The Hon’ble Supreme Court of India acquitted the appellant of “child abuse” and provoking breach of peace charges, but upheld convictions for simple hurt and assault, releasing him on one-year…
• Tuesday, August 26 – P.C Act: Reduced the sentence of appellant already underwent imprisonment for 31 years

  The Supreme Court upheld Appellant’s conviction under the Prevention of Corruption Act for demanding a ₹300 bribe in 2002. However, due to the 23-year delay, her age (75), and personal circumstances, her sentence was reduced to the 31 days already served, with an increased fine of…
• Tuesday, August 26 – Disposal of criminal cases more than 3 years involving offences punishable with imprisonment of upto 3 years pending at trial appeal or revision stage

  The suomotu W.P.Crl.No. 618 of 2025 has been ordered to be registered and placed before this Bench by the Honourable Chief Justice on the note that was made by this Court pursuant to the constitution of the dedicated bench and the entire note that was made in Roc.No.148/2025/Crl. Side is extracted hereunder for ready reference:…
• Tuesday, August 26 – Victim’s right to prefer an appeal includes right to prosecute an appeal hence heirs of legal heir can prefer appeal and prosecute

  The case involves an appeal against a High Court judgment that acquitted accused individuals previously convicted by a Sessions Court for an attack on December 9, 1992, which resulted in one death and injuries to others. The primary legal question addressed by the Supreme Court is whether the legal heir of the original appellant (who was also an injured victim) can be substituted to continue prosecuting the appeals, especially since the State did not appeal the High Court’s acquittal. The Court…
• Friday, August 22 – Though the criminal Court has no power to review or alter its own judgment or order Hon’ble Supreme Court has provided exceptions to section 362 Cr.P.C

  The Supreme Court of India heard a criminal appeal challenging a Delhi High Court order dated May 5, 2021, which recalled an earlier judgment from August 13, 2020. The original High Court judgment had disposed of a Criminal Miscellaneous (Co.) No. 4 of 2019 application filed under Section 340 of the Criminal Procedure Code, 1973 (CrPC) against the appellants, Vikram Bakshi and others, for perjury offenses. The core dispute originated from a resort development project between the Khosla Group…
• Friday, August 22 – Section 319 Cr.P.C is an exception to the general rule that the accused shall face trial only through a final report and if evidence implicating new accused court is duty bound to act on it

  The appeal concerns the High Court’s decision to set aside a Trial Court order that summoned respondent no. 2, Varinder Singh, to face trial under Section 306 (abetment to suicide) read with Section 34 of the Indian Penal Code, 1860 (IPC). The case originates from an incident on May 10, 2016, where Dharminder Singh, the deceased, was allegedly taunted by respondent no. 2 and others, leading him to distress and subsequent death by suicide. The police initially classified respondent no. 2 as…
• Sunday, August 17 – Even when incriminating circumstances were read over and questioned under Section 313 Cr.P.C the accused had failed to put forth his defense at the relevant point of time

  Prayer: Criminal Appeal filed under 374 of Criminal Procedure Code to set aside the conviction and sentence imposed in Spl.S.C.No.5 of 2016 dated 14.05.2019 on the file of Fast Track Court, Mahila Court (Sessions Court), Vellore.The judgment of the learned Sessions Judge, Fast Track Court, Mahila Court, Vellore made in Spl.S.C.No.5 of 2016 dated 14.05.2019, finding the accused/appellant guilty of having committed the offences under Sections 366, 302, 392, 201 of the Indian Penal Code (IPC),…
• Friday, August 15 – Accused behaviour stems from internalised misogyny, which is a product of our male-dominated society and hence the Words spoken by the accused are excessively harsh and extremely sexually charged, likely to drive any 15 year old child to commit suicide

  Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C., to allow this Criminal Appeal and to set aside the judgment of the learned Sessions Judge, Magalir Neethimandram (Mahila Court), Coimbatore in S.C.No.28 of 2012, dated…
• Thursday, August 14 – Acquittal: Trial court did not question accused as per the mandate of section 313 Cr.P.C but in a mechanical manner which causes prejudice to the accused

  This judgment concerns a criminal appeal before the Supreme Court of India that originated from a High Court decision affirming convictions for offenses such as cheating, forgery, and criminal conspiracy under the Indian Penal Code and the Prevention of Corruption Act. The Supreme Court addressed two primary issues: the claim of juvenility for one appellant, Bal Mukund Jaiswal, who was found to be a juvenile at the time of the offense based on his matriculation certificate and CBI’s preliminary…
• Thursday, August 14 – Types of conduct of witnesses is explained in detail

  Conduct of the witnesses in cases is explained in detail in this case by quoting its previous…
• Saturday, August 9 – Suspension of sentence should be considered by the appellate court liberally in fixed-term sentence unless there are exceptional circumstances

  Hon’ble Supreme Court expressed disappointment with the Allahabad High Court’s refusal to suspend a fixed-term sentence for the accused who was convicted under the POCSO Act and other Acts with a maximum 4-year sentence. Hon’ble Supreme Court emphasized that fixed-term sentences should be liberally suspended, especially when appeals are delayed, to ensure the right to appeal is meaningful. Consequently, the Supreme Court set aside the High Court’s order and remanded the case for…
• Saturday, August 9 – Litigants come to court expecting the justice delivery system to function in accordance with law and not to obtain absurd or irrational orders

  The Supreme Court reconsidered its August 4, 2025 order at the Chief Justice of India’s request, specifically regarding directions concerning a High Court judge. The original order had remanded the case and imposed restrictions on the judge due to a history of erroneous rulings. While emphasizing its role in upholding judicial dignity and the rule of law, the Supreme Court deleted the contested paragraphs (25 and 26) in deference to the Chief Justice, leaving the matter to the Allahabad High…
• Friday, August 8 – Settled: Under section 193 Cr.P.C the Court of Sessions has the power to summon a person as accused to stand trial even if he has not been charge-sheeted

  This judgment addresses whether a Court of Session can summon an non-charge-sheeted person as an accused based on existing material, affirming that it can do so under Section 193 of the Code of Criminal Procedure (CrPC). The Supreme Court clarified that while a Magistrate takes cognizance of an offense for the purpose of committing a case to the Sessions Court, the Sessions Court, upon committal, assumes original jurisdiction and has the power to summon additional accused if their involvement…
• Tuesday, August 5 – Caste Census: A Constitutional Necessity?

  The author of this Article is an LL.M student studying at “The Central University of Tamil Nadu in Thiruvarur” -jamesraja23@students.cutn.ac.in …
• Monday, August 4 – Analysis of Protection Orders under Tamil Nadu’s AmendedHarassment Laws: Applicability to Married and Unmarried Women

  by Azhar Basha, Lawyer and Legal Researcher – Azhar Basha is a lawyer and legal researcher with a keen interest in gender justice, criminal law reforms, and access to legal remedies. He writes on contemporary legal developments, especially those affecting women and…
• Monday, August 4 – Records maintained by the private school is not public documents and the head master/principal is not public servant

  The present appeal emanates from the Final Judgment and Order passed by the High Court of Judicature at Allahabad (hereinafter referred to as the ‘High Court’) in Criminal Revision No.2144/2015 dated 29.03.2016 (hereinafter referred to as the ‘Impugned Order’) [2016:AHC:50543], whereby the High Court dismissed the criminal revision petition filed by the Appellant and upheld the Order passed by the Court of the learned Additional Sessions Judge, Court No.1, Kairana, Muzaffarnagar…
• Saturday, August 2 – Quash: Appellants while conducting the rally and dharna did not engage in any form of obstruction of the road

  This judgment by the Supreme Court of India against the Andhra Pradesh High Court’s refusal to quash criminal proceedings initiated against them. The appellants faced charges under Sections 290, 341, and 171F read with Section 34 of the Indian Penal Code, 1860, and Section 34 of the Police Act, 1861, following a rally and dharna held on March 22, 2019, to protest student fee reimbursements. The Supreme Court, applying the ‘Bhajan Lal test’, found that the allegations in the FIR and chargesheet…
• Thursday, July 31 – Provisions of sec 138 N.I Act attracts only when it has been issued to discharge a legally enforceable debt

  Prayer: Criminal Appeal filed under Section 378(4) of Code of Criminal Procedure, to call for the records in S.T.C.No.1742 of 2015 on the file of the learned District Munsif cum Judicial Magistrate at Sriperumbudur and to set aside the order dated…
• Tuesday, July 29 – Magistrate ordinarily would not entertain application u/s 156(3) Cr.P.C without first approached the police authorities but he can direct investigation u/s 156(3) Cr.P.C if the complaint discloses cognizable offence

  This case involves Special Leave Petitions challenging a High Court judgment that refused to quash FIR No. 380/2005 and an order by the Metropolitan Magistrate directing its registration. The dispute originated from a Memorandum of Understanding (MoU) between Sunair Hotels Limited (SHL) and VLS Finance Limited (VLS) concerning a hotel project, where VLS allegedly made false promises regarding a public issue of shares that violated SEBI guidelines. Both parties subsequently filed FIRs against…
• Monday, July 28 – N.I Act: If a cheque is deposited in the branch (bank) it is deemed to be presented where the account holder holds the account

  This case concerns the correct territorial jurisdiction for filing complaints under Section 138 of the Negotiable Instruments Act, 1881, following the dishonor of cheques. The appellant filed complaints in Mangalore after cheques issued by the respondent, Jagruti Keyur Rajpopat, were dishonored due to insufficient funds, but the Magistrate and subsequently the High Court of Karnataka dismissed them, citing a lack of territorial jurisdiction because the cheques were deposited in Mumbai. However,…
• Saturday, July 26 – Courts are not powerless they may permit amendments to the complaint even after cognizance has been taken

  Hon’ble Supreme Court addressed whether an amendment to a complaint under Section 138 of the Negotiable Instruments Act, 1881, could be allowed after cognizance was taken, specifically concerning a typographical error regarding the product sold (from “Desi Ghee (milk products)” to “milk”) . The Trial Court had permitted the amendment, finding no prejudice to the accused as cross-examination was pending . However, the High Court overturned this, asserting the amendment changed the…
• Thursday, July 24 – Accused did not send a reply notice, which is not an ordinary human conduct when facing a false allegation

  Criminal Appeal filed under Section 378 of the Code of Criminal Procedure, 1973, praying to set aside the order of acquittal dated 29.03.2019 passed in C.A.No.98 of 2017 on the file of the learned II Additional District and Sessions Judge, Salem, reversing the judgment dated 26.07.2017 passed in S.T.C.No.237 of 2016 on the file of the learned Judicial Magistrate No.III, Salem, convicting and sentencing the respondent to undergo simple imprisonment for six months and to pay a fine amount of…
• Saturday, July 19 – Complaint filed under section 138 N.I Act is maintainable even Partnership Firm is not named as accused

  The Hon’ble Supreme Court clarified that a partnership firm is not a separate legal entity distinct from its partners, but a compendious term for the partners themselves, who are jointly and severally liable for the firm’s debts and offences. The Court held that under Section 141 of the Negotiable Instruments Act, 1881, the term “company” includes a partnership firm by legal fiction, and a “director” in relation to a firm means a partner. Therefore, when a cheque is dishonoured under Section…
• Monday, July 14 – Stop saying custody death or custody murder Ajith kumar’s case is a murder and no prefix is attached to it

  Author: Ramprakash Rajagopal, Advocate,…
• Sunday, July 13 – PMLA: Trial court ought to have given opportunity to the accused in complaint case before taking cognizance and hence cognizance order set aside case remanded back

  The Supreme Court held that under Section 223(1) of the BNSS, the Magistrate must give the accused a chance to be heard before taking cognizance of a complaint filed under Section 44(1)(b) of the PMLA. Since this was not done, the order was set aside, and the appellant was directed to be heard on July 14, 2025. The Court did not comment on the merits of the…
• Sunday, July 13 – High court could have saved 6 years worth of time to decide the Criminal Revision in cruelty case

  The Supreme Court in acquitted the appellant of charges under Section 498A IPC and Section 4 of the Dowry Prohibition Act, 1961, overturning the High Court’s conviction. The Court found the prosecution’s case weak due to vague, omnibus allegations lacking specific details or corroborative evidence, especially medical proof for alleged physical assault and miscarriage. It emphasized that mere emotional or mental torture claims without concrete particulars cannot sustain conviction, warning…
• Thursday, July 10 – Since the DNA report points the possibility of another individual impregnated the victim than accused final report is quashed and re-investigation ordered with certain directions

  PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for records and set aside the order passed by the Sessions Judge, Mahila Court, Pudukkottai in Cr.M.P.No.480 of 2022, dated 11.11.2022 in Spl.S.C.No.40 of…
• Wednesday, July 9 – Except the confession statement no other material available to implead the petitioner as accused hence NDPS case quashed

  Prayer: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 482 of Cr.P.C, to call for the records pertaining to the charge sheet in CC No.138/2025 pending on the file of Learned I Additional Special Court for Exclusive Trial of Cases under NDPS Act Cases at Chennai and quash the…
• Monday, July 7 – Direction issued: Appeal against acquittal in N.I Acts has to file before District Courts and Special Leave is not necessary

  Prayer: Criminal Original Petition filed under Section 419(4) of BNSS, 2023, praying to grant leave to file an appeal against the judgment of dismissal of complaint by acquitting the respondent/accused in CC.No.40 of 2009 on the file of Judicial Magistrate Court No.3, Erode by judgment dated 27.06.2024 and to convict the respondent/accused under Section 138 of NI…
• Sunday, July 6 – Information about arrest is completely different from grounds of arrest: Rights of arrested persons guidelines issued

  The Hon’ble Supreme Court in this case has held that under Article 22(1) of the Constitution, it is a mandatory fundamental right for an arrested person to be informed of the grounds of arrest as soon as possible in a manner that the person understands, ensuring meaningful communication to enable effective legal defense. The Court emphasized that mere information of arrest or communication to relatives does not satisfy this requirement. Failure to inform the arrestee of the grounds of arrest…
• Friday, July 4 – Telephone tapping constitutes violation of ‘right to privacy’ unless justified by a procedure established by law

  Facts The writ petition was filed challenging an order dated 12.08.2011 issued under Section 5(2) of the Indian Telegraph Act, 1885, read with Rule 419-A of the Telegraph Rules, 1951, authorizing interception of mobile phone communications. The order cited grounds of “public safety and in the interest of public order” and was passed “for preventing…
• Tuesday, July 1 – Complainant in cheque case is a victim: The Supreme Court’s Path-Breaking Judgment on 8th April 2025: “How It Changed the Way I See Justice”

  Author: Rajavel @ Rajubhai, Advocate,…
• Monday, June 30 – Why the term ‘child’ cannot be referred to a major under section 144 BNSS?

  A recent article in Livelaw (https://www.livelaw.in/articles/maintenance-under-bnss-omission-word-minor-major-change-295467) claims that the omission of the word “minor” from Section 144(1)(b) represents a sweeping change, expanding eligibility to all children, including…
• Sunday, June 29 – Unregistered agreements and POAS do Not convey property title

  The Supreme Court of India clarified the scope of Order VII Rule 11 of the Code of Civil Procedure, and reaffirmed that unregistered agreements to sell and powers of attorney cannot convey title or be used to claim ownership of immovable property, particularly when the documents have been expressly revoked prior to the alleged…
• Sunday, June 29 – Proviso to Order 21 Rule 105(3) of Madras Amendment Repealed by Central Amendment: Madras High Court Declares Delay Condonation in Execution Proceedings Impermissible

  In a significant decision rendered by the Madras High Court, held that the delay in filing applications under Order 21 Rule 106(3) CPC cannot be condoned, thereby invalidating the continued applicability of the proviso introduced by the Madras High Court Amendment of…
• Tuesday, June 24 – Court cannot order to secure or arrest a person

  1. We have heard Mr. Aditya Kumar Choudhary, learned counsel for the petitioner and Mr. Siddhartha Dave, learned Senior Counsel for respondent No.1 – State. 2. Yesterday, i.e., on 18.06.2025, we had passed the following order: “1. Permission to file Special Leave Petition is granted. 2. In the course of hearing, learned counsel for the…
• Sunday, June 22 – Merely because the respondent withdrew the complaint it cannot be said that the allegation of sexual harassment is false

  Prayer Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act, 1984 read with Section 28 of Hindu Marriage Act, 1955 praying to set aside the fair order and decree dated December 16, 2023 made in H.M.O.P.No.702 of 2021 on the file of the Third Additional Principal Family Court, Chennai. Crux of the…
• Saturday, June 21 – Acquittal: No last seen alive accused and deceased together before the commission of offence hence circumstance not proved

  Appeal against judgment of sentence for murder   Criminal Appeals filed under Section 374(2) of the Criminal Procedure Code against the judgment of Additional Sessions Court, Dharmapuri dated 31.10.2019 made in S.C. No.31 of 2015 and to set aside the same. The appellants herein/accused 1 and 2 have preferred this criminal appeal. Both the appellants/accused…
• Friday, June 20 – Complainants are victim in cheque cases and they may file appeal against acquittal under section 372 Cr.P.C itself without seeking special leave under section 378(4) Cr.P.C

  The Hon’ble Supreme Court appealing against the High Court’s refusal to grant leave to appeal an acquittal in cheque dishonour cases under Section 138 of the Negotiable Instruments Act. The key legal issue is whether the complainant, who is also the victim of the offence, can directly appeal under the proviso to Section 372 of the CrPC without seeking special leave under Section 378(4). The Court held that the complainant in such cases qualifies as a victim under Section 2(wa) of the CrPC and…
• Friday, June 13 – Quash: Though settlement between the parties taken place after the commission of offence and since no continuing public interest Apex court quashed the case

  The Supreme Court quashed criminal proceedings against N.S. Gnaneshwaran and others after a full One Time Settlement with the Bank, which cleared all dues and ended recovery cases. Finding no public interest in continuing the trial, the Court granted relief for fairness and parity with co-accused, noting similar cases were previously…
• Wednesday, June 11 – Under no circumstances an involuntary or forced narco-analysis test is permissible under law

  The Hon’ble Supreme Court addressed the legality of conducting narco-analysis tests on accused persons during investigation. The Court held that involuntary narco-analysis tests violate constitutional protections under Articles 20(3) and 21, as established in Selvi v. State of Karnataka, and cannot be admitted as evidence. The High Court erred in permitting such tests during bail proceedings, which should focus on prima facie case assessment rather than investigative techniques. While an…
• Monday, June 9 – How to calculate limitation in criminal cases: Explained?

  The Supreme Court has examined the appeal against the High Court’s setting aside of the Sessions Court’s discharge order under Section 498A IPC, concerning allegations of dowry-related cruelty filed by the complainant wife, a police officer. The Sessions Court had discharged the accused citing time-barred proceedings and possibility of false implication due to delay in filing the FIR. The High Court reversed this, holding the complaint was within the three-year limitation period as the…
• Monday, June 9 – Section 386 IPC is an act itself but section 387 IPC is the process or stage before committing an offence of extortion

  The appeal arises from the quashing by the High Court of a summoning order and complaint under Section 387 IPC against the accused for threatening the complainant with death or grievous hurt to extort money, where the High Court held that since no property was delivered, the offence was not made out. The Supreme Court clarified that Section 387 IPC punishes the act of putting a person in fear of death or grievous hurt in order to commit extortion and does not require actual delivery of…
• Saturday, June 7 – Fraud (if any) is the matter for trial and not to be decided in Quash proceedings

  The Hon’ble Supreme Court of India, in this criminal appeal filed by Abhishek Singh, reversed the Hon’ble High Court of Patna’s order that had quashed the FIR against Ajay Kumar and others. The dispute arose from a loan secured by Abhishek Singh from Bank of India against pledged gold ornaments, which the bank later revalued as counterfeit. The Hon’ble High Court had found the FIR to be malicious and an abuse of process, relying on documents beyond the FIR and concluding no prima facie…
• Saturday, June 7 – Running an impugned Finance company is not a ground to label the owner as a Notorious Goonda

  The appeal contested the preventive detention of Rajesh, husband of appellant Dhanya M, under the Kerala Anti-Social Activities (Prevention) Act, 2007, labelling him a “notorious goonda” involved in criminal activities. While the High Court upheld the detention, the Hon’ble Supreme Court overturned it, stating the detention was unjustified as it did not pose a public order threat. The Court highlighted that preventive detention is an exceptional measure to be used sparingly when ordinary…
• Thursday, June 5 – May 2025: Monthly Digest

  May 2025: Monthly…
• Wednesday, June 4 – False promise to marry cannot be said that the accused indulged in sexual intercourse with the complainant

  The Supreme Court in this judgment quashed two FIRs registered against the appellant for alleged sexual offences under false promise of marriage and caste-based discrimination. The Court found significant contradictions between the complaints, noting that the complainant had omitted earlier incidents in her initial FIR and exhibited manipulative behavior, supported by chat transcripts and medical evidence of obsessive compulsive disorder. Considering the lack of prima facie material and the…
• Tuesday, June 3 – Nallathangal Syndrome (Suyambukani case) and Master Draftsman ‘Lord McCaulay’

  This is the review article of Suyambukkani vs. State of Tamil Nadu, reported in 1989 LW Criminal 86 (Mad-DB). Kindly provide your views in comment…
• Sunday, June 1 – Don’t mention as Lower courts: Acquittal based on the affidavits filed by the eyewitness in Court

  The Hon’ble Supreme Court of India, in this case, acquitted the appellants who were previously convicted for murder and attempted murder under Sections 302 and 307 read with Section 34 of the IPC, and sentenced to life imprisonment. The case involved an incident on 4th/5th May 1981, where eyewitnesses PW-4, PW-5, and PW-6 testified seeing the accused armed and attacking the deceased and an injured witness PW-7. However, affidavits submitted by these eyewitnesses during bail proceedings, which…
• Thursday, May 29 – THE MARRIAGE OF PARADOX: LOVE, LAW, LIBERTY

  The Marriage of Paradox: Love, Law Libery – The author of this Article is an LL.M student studying at “The Central University of Tamil Nadu in Thiruvarur”…
• Wednesday, May 28 – Gangsters Act: Mere reiteration of vague allegations from subject FIR made the appellant to stand trial and the same amount to abuse of process of law

  The Supreme Court in Criminal Appeal Nos. 777-778 of 2025 quashed the proceedings under the Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986 against the appellant, Vinod Bihari Lal, arising from FIR No. 850 of 2018. The Court held that the subject FIR and gang-chart were based on vague and general allegations without sufficient material to prima facie establish the existence of a gang as defined under Section 2(b) of the Act, particularly lacking evidence of violence or…
• Tuesday, May 27 – Can’t claim false promise to marry if the relationship becomes distant or goes sour

  In this criminal appeal, the Supreme Court of India quashed the proceedings against Amol Bhagwan Nehul, who was accused of forcible sexual intercourse and unnatural sex under various IPC sections, on the grounds that the relationship between the parties was consensual and prolonged, undermining the allegations of coercion or assault. The Court noted the absence of medical evidence, the improbability of the complainant maintaining a relationship with the appellant if assaulted, and the delay in…
• Friday, May 23 – Mere repeating the exact words in a complaint like a mantra would not make the accused responsible for the company’s day-to-day affairs

  The Hon’ble Supreme Court in this judgment addressed the issue of vicarious liability under Section 141 of the Negotiable Instruments Act, 1881, concerning a director, Mrs. Ranjana Sharma, of a company that defaulted on a loan and issued a dishonored cheque. The Court held that the complaint’s averments, stating that Mrs. Sharma was responsible for the day-to-day affairs, management, and working of the company, sufficiently met the statutory requirement of being “in charge of and responsible…
• Thursday, May 22 – Since stamp vendors are getting remunerations from the government they are construed as Public Servants

  In this case Aman Bhatia, a licensed stamp vendor, was convicted under the Prevention of Corruption Act, 1988 for demanding and accepting an illegal gratification of Rs. 2 over the face value of a Rs. 10 stamp paper. The Hon’ble Supreme Court upheld the broad legislative intent behind the PC Act’s definition of “public servant,” affirming that licensed stamp vendors performing a public duty and remunerated by the government through discounts qualify as public servants. However, the Court…
• Wednesday, May 14 – An offence under section 13(1)(e) PC Act can be abetted by any other person who is a non-public servant

  The appellant, an Assistant Superintendent at Chennai Port Trust, was convicted alongside her then-husband for abetting the acquisition of disproportionate assets under IPC Section 109 read with Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988. The case arose from investigations revealing that the husband, a public servant, amassed assets disproportionate to his known income, some held in the appellant’s name. Both trial and High Courts upheld their convictions, finding…
• Wednesday, May 14 – To register FIR in non-cognizable offence prior permission of Magistrate under section 155 (2) Cr.P.C was necessary

  must have, non cognizable offence, magistrate permission, permission, not final report, proviso to complaint, complaint proviso, magistrate permission mandatory, must have non cognizable…
• Tuesday, May 13 – If animus between the accused and complainant is not proved presumption under Section 20 of PCAct would not arise against accused

  This appeal arises from the conviction of Paritala Sudhakar, a Revenue Inspector, for demanding and accepting a bribe of Rs. 2,000 in connection with a compensation claim for drought-damaged trees. The Trial Court convicted him under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988, and the Hon’ble High Court upheld the conviction. On appeal to the Hon’ble Supreme Court, significant contradictions and inconsistencies in the prosecution’s evidence,…
• Tuesday, May 6 – Evolution of FIR Registration with Comparative analysis of CrPC Sections 154 & 156(3) and BNSS sections 173 & 175(3)

  Section 173 – Information in Cognizable Cases Cognizable offences -Cognizable offences, as defined by Section 2(g) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), empower the police to arrest the accused without a warrant or magistrate approval..  1. How can a person report a cognizable offence? A person can give information about a cognizable offence (serious…
• Tuesday, May 6 – Limitation to initiate contempt proceedings is within one year either by filing an application or by the Court issuing notice Suo motu

  The Hon’ble Supreme Court upheld the conviction of appellants for criminal contempt of court for fabricating and using forged interim orders of the High Court of Madras to obstruct execution proceedings. The Apex Court found cogent evidence including confessions, police investigation reports, and forensic analysis proving their involvement beyond reasonable doubt. It clarified that the limitation period under Section 20 of the Contempt of Courts Act does not bar suo motu contempt proceedings…
• Tuesday, April 29 – Dowry death: Complainant displayed honesty by making allegations only against the appellant and not implicating other family members unnecessarily

  In this case, the appellant, who is the mother-in-law of the deceased (name is Kusum), was initially convicted under Sections 304B and 498A IPC and section 4 of the Dowry Prohibition Act for dowry harassment leading to Kusum’s death. The Hon’ble High Court acquitted her of these charges but convicted/converted the appellant under Section 306 IPC for abetment of suicide by sentencing her to three years’ rigorous imprisonment, considering her old age. The Hon’ble Supreme Court upheld this…
• Tuesday, April 29 – Sanction not necessary for the public servants who have conspired and issued patta in favour of some other person other than the property owner

  This case involves a dispute over property ownership following the death of Venkatachalam, who had executed two wills: one in favour of his daughters, Kaveriammal and Papammal, and amending the first one he executed another will in favour of his nephew Mr. K.Ashokan. The petitioners sought to quash an FIR registered against them for alleged conspiracy and fraud related to property claims, arguing that they had rightful ownership based on the earlier will. However, the court found that the…
• Sunday, April 27 – Principles of natural justice are not applicable at the stage of reporting a criminal offence

  This case concerns the validity of administrative actions taken by banks under the RBI’s Master Directions on Frauds, which declared certain companies’ bank accounts fraudulent without prior hearing, and the consequent criminal proceedings initiated by the CBI. The Hon’ble High Court quashed both the administrative actions and criminal proceedings, citing violation of natural justice principles (audi alteram partem). The Apex Court clarified that while administrative actions require adherence…
• Friday, April 25 – Despite murdering wife and 4 children Hon’ble Supreme Court converted appellant’s death row into life sentence

  This Hon’ble Supreme Court judgment involves appellant, who was convicted for the brutal murder of his wife and four children, along with charges of rape and evidence tampering. The trial and Hon’ble High Court confirmed his guilt based on motive, last seen evidence, conduct, and scientific proof, including DNA linking him to the sexual assault. Although initially sentenced to death, considering his good conduct in prison, mental health issues, and lack of prior criminal record, the Court…
• Friday, April 25 – Clarifying Arbitration Jurisdiction: The Role of Section 21 Notice, Section 11 Application, and Kompetenz-Kompetenz principle explained

  The judgment in Civil Appeal No. 5297 of 2025 addresses whether service of a Section 21 notice invoking arbitration and joinder in a Section 11 application are mandatory prerequisites for an arbitral tribunal to exercise jurisdiction over a party, and clarifies the source and scope of such jurisdiction under Section 16 of the Arbitration and Conciliation Act, 1996. The Court held that while a Section 21 notice is necessary to fix the commencement date of arbitration and for limitation purposes,…
• Friday, April 25 – Application of mind during taking cognizance means to contemplate on the material submitted and not checking veracity of the same

  In this case the Hon’ble Supreme Court addressed an appeal against a High Court judgment that set aside a cognizance order against the appellants, who were accused of offenses under the Indian Penal Code and the SC/ST Act. The appellants, including the first wife of the deceased Vishnu Sahu, contended that the allegations made by the informant, who claimed to be the second wife, were baseless and constituted a civil dispute disguised as a criminal case. The Supreme Court found that the…
• Friday, April 25 – Quash: Accused undetected is not Referred Final report and Magistrate cannot accept the same

  Magistrate cannot take cognizance on the RCS as ‘accused not detected’. Further investigation…
• Friday, April 25 – Deprecated practice involving the relatives of husband for offence under section 498A IPC and section 4 of Dowry Prohibition Act, 1961

  The Hon’ble Supreme Court of India quashed the criminal proceedings against appellants who were accused in a dowry-related case filed by the de-facto complainant, the wife of the husband involved in the dispute. The appellants residing in Hyderabad and not living with the couple, faced omnibus and general allegations of instigating dowry demands without specific evidence. The Court relied on precedents like Geeta Mehrotra and Dara Lakshmi Narayana to emphasize the misuse of Section 498A IPC…
• Thursday, April 24 – “She told us everything” is not dying declaration instead witness must depose what exactly deceased told him/her

  This judgment concerns the acquittal of Hasim Sheikh, accused of murdering his wife Amina and their three daughters by setting them on fire. The Supreme Court reviewed the evidence, including dying declarations and eyewitness testimony, but found critical procedural lapses such as failure to put key evidence to the accused under Section 313 CrPC and contradictions in witness statements. The Court noted the accused and a co-accused also suffered burn injuries, raising doubts about the…
• Sunday, April 20 – N.I Act: Knowledge of Power of Attorney of an individual payee must be specifically stated and in the case of company being a payee the authorised person who has knowledge would be sufficient

  N.I Act: Knowledge of Power of Attorney of an individual payee must be specifically stated and in the case of company being a payee the authorised person who has knowledge would be…
• Wednesday, April 16 – Part departure in chief-examination is not necessary to declare the entire witness as hostile

  The Hon’ble Supreme Court setting aside the Hon’ble High Court’s decision of acquitting the accused and further upheld the trial court’s decision of conviction of appellant/accused under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988, for demanding and accepting a bribe. Reversing the Hon’ble High Court’s acquittal which had relied on minor discrepancies in witness testimonies, the Apex Court emphasized that the prosecution proved the case beyond…
• Monday, April 14 – Bail in complaint cases is mandatory

  The issue is: Whether accused can file Bail application when appearing in person (on summons) before the court of law in private complaint cases?
  And the same is answered by deepen research by the…
• Friday, April 11 – Preliminary Enquiry: There is no provision for a preliminary enquiry under Section 13 or Section 17 of the PC Act only Lalita Kumari case headed it

  The Hon’ble Supreme Court of India set aside the Hon’ble Karnataka High Court’s order quashing the FIR against the respondent an Executive Engineer, for offences under the Prevention of Corruption Act, 1988. The FIR was registered based on a source report alleging that he had acquired assets disproportionate to his known sources of income. The High Court has quashed the FIR, citing a lack of preliminary enquiry by the Superintendent of Police (SP) before passing the order. However, the…
• Thursday, April 10 – Section 204 Cr.P.C: No need to issue summons first; the accused’s attendance can best be secured at the court’s discretion by issuing a bailable or non-bailable warrant

  The Hon’ble Supreme Court of India allowed a batch of appeals filed by the Serious Fraud Investigation Office (SFIO) against the orders of the Hon’ble High Court granting anticipatory bail to several accused persons in a case involving serious economic offenses under the Companies Act and the Indian Penal Code. The Apex Court held that Hon’ble High Court had passed the impugned orders without considering the mandatory conditions contained in Section 212(6) of the Companies Act and…
• Tuesday, April 8 – Anticipatory Bail cannot be granted against NBW

  Order Considering the above facts and the submissions made by the learned counsel on either side, this Court is of the view that the anticipatory bail cannot be granted to the petitioner The petitioner, who apprehends arrest at the hands of the respondent police pursuant to the non-bailable warrant issued against him on 29.10.2024 in…
• Sunday, April 6 – Acquittal: Without establishing circumstantial evidence mere recovery of wheel spanner at the SOC with the accused finger prints on it would not be enough to hold the accused guilty

  The Hon’ble Supreme Court has overturned the Madras High Court’s judgment that had sustained the appellant’s conviction under Section 302 IPC for murder while acquitting him of Section 148 IPC. The Apex Court found significant doubts regarding the reliability of witness testimonies, particularly the last seen evidence and extra-judicial confessions, which were deemed inadmissible. The prosecution’s failure to establish a clear connection between the appellant and the crime, along with…
• Saturday, April 5 – N.I Act: Certain documents were suppressed in the statement on oath and made out a false case

  Appellant challenged the issuance of a complaint under Section 138 of the Negotiable Instruments Act for dishonouring a cheque issued to the respondent. The appellant argued that she had repaid a prior loan and that the second cheque was misused by the respondent, who failed to provide necessary loan documents despite requests. The Hon’ble Supreme Court found that the respondent suppressed material facts in the complaint, leading to an abuse of the legal process. Consequently, the Apex Court…
• Friday, April 4 – Hon’ble Madras High Court issued guidelines to Family courts to cirumvent the procedural wrangles that are being faced by the parties before the Family court

  Hon’ble Madras High Court issued guidelines to Family courts to cirumvent the procedural wrangles that are being faced by the parties before the Family…
• Friday, April 4 – March’25 Monthly Digest

  March’25 Monthly…
• Thursday, April 3 – Constitutional courts are fully empowered to direct for CBI investigation but not on the basis of “ifs” and “buts”

  Appeal FIR registered for the offences on the information given by respondent no.3 2. The facts taken into account in this order are from Criminal Appeal arising out of SLP (Crl) No.8403/2024 by considering it to be the lead matter. The appellant before this Court was made an accused in an FIR No.215/2022 at P.S…
• Thursday, April 3 – Appellants went to deceased’s house armed demonstrating premeditation and intention to cause injury and thus not qualifying for any exceptions under section 300 IPC

  In this judgment Hon’ble Supreme Court of India upheld the conviction of Maukham Singh and others for the murder of a grandfather and the assault on his grandchildren, affirming the life imprisonment sentence imposed under Section 302 of the Indian Penal Code. The Hon’ble Supreme Court found that the accused, armed with deadly weapons, had trespassed into the victims’ home, leading to a violent altercation that resulted in the grandfather’s death and injuries to the grandchildren. The…
• Friday, March 28 – First judgment explaining Provision & Procedure to do Preliminary Enquiry under BNSS with example: Supreme Court Quashes FIR Against Poet Imran Pratapgadhi

  In this judgment the Hon’ble Supreme Court addressed, a Rajya Sabha member, who faced allegations under various sections of the Bharatiya Nyaya Sanhita (BNS) and the Indian Penal Code (IPC) for posting a video containing a poem that purportedly incited communal disharmony. The Court emphasized the fundamental right to freedom of speech under Article 19(1)(a) of the Constitution, asserting that the poem, upon examination, did not promote enmity or affect national integration, but rather…
• Monday, March 24 – Since co-accused has used blunt side of the axe his intention was not to kill the deceased

  The case involves appealing against the State of Maharashtra. The appeal challenged the Hon’ble High Court’s dismissal of the appellant’s prior appeal, which affirmed his conviction under Section 302 and Section 324 of the Indian Penal Code for murder and assault, respectively. The Hon’ble Supreme Court ultimately converted the conviction to Section 304 (Part I) of the IPC, partially allowing the appeal and ordering the appellant’s release after he had already served 6 years and 10 months of…
• Sunday, March 23 – Unlawful assembly: If a large number of persons were present it may be safe to convict only those persons against whom an overt act is proved

  The Hon’ble Supreme Court addressed appeals against a High Court decision that partially reversed a trial court’s acquittal in a rioting case [Crl. A. Nos.816/2016 & 817/2016]. While the High Court upheld the acquittal of some accused, it convicted others based on their presence at the scene and being named in the FIR.The Supreme Court overturned this, emphasizing that mere presence, especially without evidence of specific destructive actions or carrying instruments of destruction, is…
• Saturday, March 22 – After 45 years, the rape case has come to an end with the acquittal being set aside

  The Supreme Court of India reviewed the case of the State of Rajasthan vs. Chatra, concerning a sexual assault on a minor girl, referred to as ‘V’, which occurred in 1986. The initial conviction by the Sessions Court in 1987 was overturned by the High Court in 2013, leading the State to appeal. The Supreme Court found that the High Court had not properly assessed the evidence, particularly the testimonies of key witnesses, including the victim and the medical expert. The Court emphasized the…
• Friday, March 21 – Whether express condition in the settlement deed is necessary to cancel the settlement deed under section 23(1) of senior citizen’s act?

  Whether express condition in the settlement deed is necessary to cancel the settlement deed under section 23(1) of senior citizen’s…
• Friday, March 21 – When Preliminary Enquiry is required? S.C clarified

  Hon’ble Supreme Court has clarified as to how and when preliminary enquiry is required in criminal…
• Friday, March 21 – Supreme Court Clarifies Extinguishment of Unclaimed Tax Liabilities Post-Approval of Resolution Plan under the Insolvency and Bankruptcy Code

  In this case, the Apex court addressed an appeal against the National Company Law Appellate Tribunal’s dismissal of a challenge to income tax demands raised after the approval of a Resolution Plan under the Insolvency and Bankruptcy Code. The court found that the income tax liabilities for assessment years 2012-13 and 2013-14 were not included in the approved Resolution Plan and thus, under Section 31(1) of the IB Code, these claims were extinguished. The court criticized the lower tribunals…
• Wednesday, March 19 – Acquittal: Section 306/114 IPC: Unless the accused admitted the handwriting report the expert should be examined to prove the handwriting opinion report

  This case involves appeal against their conviction under Sections 306 and 114 of the Indian Penal Code for abetting the suicide of Dashrathbhai Karsanbhai Parmar. The appellants were sentenced to five years of rigorous imprisonment and fined, but they contended that the prosecution lacked credible evidence, such as direct acts of instigation or a reliable suicide note. The Supreme Court, upon reviewing the evidence, found significant inconsistencies and a lack of proximate actions by the…
• Sunday, March 16 – Discharge: Death by electrocution while working is purely accidental (death) and hence section 304 II IPC would not apply

  The Supreme Court allowed the appeal filed by Yuvraj Laxmilal Kanther and Nimesh Pravinchandra Shah against the State of Maharashtra, setting aside the orders of both the Trial Court and High Court that had rejected their discharge applications. The case involved the accidental death of two employees who were electrocuted while working on a shop sign board at a height of 12 feet using an iron ladder. Though initially charged under Section 304A IPC, the case was later committed to Sessions…
• Friday, March 14 – Religious Practices vs. Human Dignity: Hon’ble Madras High Court Ban on Angapradakshinam (roll over plantain leaves) at Nerur Temple

  The Hon’ble Madras High Court set aside a single judge’s order that had permitted the practice of “Angapradakshinam” (rolling over plantain leaves after meals) at Sri Sadhasiva Brahmendral’s Jeeva Samadhi in Nerur, Tamil Nadu, emphasizing that this practice had already been prohibited by a Division Bench judgment in W.P.(MD).No.7068 of 2015 due to concerns over human dignity and public health. The court noted that the single judge had erred in allowing the practice despite the binding nature…
• Friday, March 14 – Acquittal: Trap case: Witness entered the room only after the complainant’s signal, meaning they did not witness the actual transaction also the amount was scattered in the floor next to the accused

  This judgment revolves around the acquittal of two accused, Madan Lal (Enforcement Inspector) and Narendra Kumar (Office Assistant), who were convicted under the Prevention of Corruption Act 1988 [Section 13(i)(d) read with Section 13(2) with rigorous imprisonment for one year and fine of Rs. 1000/- and a further sentence of R.I for six months under Section 7(2) of the Act, also with a fine of Rs. 1000/-] for allegedly demanding and accepting bribes for expediting a license application. The…
• Tuesday, March 11 – POCSO or IPC?

  The Hon’ble Supreme Court of India, in this judgment addressed the appeal of appellant against his conviction for sexual assault on his minor daughter under the Indian Penal Code [IPC] and the Protection of Children from Sexual Offences Act [POCSO]. The Court upheld the conviction, affirming that the trial court’s decision was justified based on the evidence presented, including the victim’s testimony and medical examination. However, it partially modified the sentence, ruling that while the…
• Sunday, March 9 – Weekly Digest – March 2025 (vol.1)

  Weekly Digest – March 2025…
• Sunday, March 9 – Apex court reiterates that absence of injuries on the private parts of victim is not always fatal to the prosecution case

  The Hon’ble Supreme Court upheld the conviction of appellant for rape and assault, confirming the Hon’ble High Court’s decision which confirmed a five-year sentence under Section 376 and a six-month sentence under Section 323 of the Indian Penal Code of the Trial court. This case stemmed from an incident in 1984 where the prosecutrix was attacked and raped by the accused while she was at his home for tuition. Despite the defense’s claims of false implication and lack of medical evidence…
• Saturday, March 8 – Section 319 Cr.P.C: Court becomes functus officio once trial concluded and power to summon new accused under section 319 Cr.P.C is no longer vests with the said court

  In this case, the Hon’ble Supreme Court addressed the legality of summoning the appellants under Section 319 of the CrPC after the conclusion of the original trial, which had resulted in the conviction of co-accused. The Court held that the High Court was justified in exercising its revisional jurisdiction to set aside the Trial Court’s rejection of the application to summon the appellants, as the rejection was based on a misapplication of law. The Court emphasized that the order of the High…
• Friday, March 7 – Once dying declaration is proved then failure to prove other facts is not relevant at all

  Apex court upheld the convictions of the appellants for the murder of Nagender Yadav, based on the dying declarations made by the deceased (Nagender Yadav) to his wife and brother, which identified the assailants. The Hon’ble Supreme Court found the testimonies of the witnesses credible and consistent, despite challenges regarding the conditions under which the declarations were made and the identification of the accused. The court also noted that the presence of a street light and the prior…
• Thursday, March 6 – Successive bail application can be filed before different judge holding rooster [Reference Answered]

  The Division Bench order addresses the procedure for successive bail applications arising from the same FIR, clarifying that such applications should be assigned to the Judge currently holding the roster. The order emphasizes the importance of consistency in judicial decisions, instructing that the new Judge should give due weight to the views of the previous Judge who dealt with earlier bail requests….
• Thursday, March 6 – Alibi: Accused must prove the alibi after getting answer from the witness that the accused was not in police station

  Hon’ble Supreme Court explained how to appreciate alibi and…
• Wednesday, March 5 – Dying Declaration: Acquittal: Variances in dying declarations and no other evidence corroborates the dying declaration that accused set her on fire

  Variances in dying declarations and no other evidence corroborates the dying declaration that accused set her on…
• Tuesday, March 4 – Acquittal: Prosecution ought to have exhibited the original postal cover and not the copy even if it bore the signature of appellant

  In this case, the Hon’ble Supreme Court allowed the appeal by acquitting the appellant of charges related to forgery and conspiracy under the IPC. The appellant had been convicted based on the testimony of a handwriting expert regarding a postal cover allegedly containing a forged marksheet. However, the Court found that the original postal cover was never produced or exhibited in evidence, rendering the prosecution’s case unproven. The Court emphasized that without the primary evidence of…
• Monday, March 3 – Acquittal: Seized weapons were not shown to the doctor who conducted the post-mortem

  Hon’ble Supreme Court of India allowed the appeals by setting aside their convictions for the murder of Ahsan Ali under Sections 302/149 of the Indian Penal Code. The Court found that the prosecution’s case relied heavily on the testimony of a sole eyewitness, whose credibility was undermined due to his criminal antecedents and inconsistencies in his statements. The Court noted significant gaps in the investigation, including the failure to seize the motorcycle involved in the incident and…
• Saturday, March 1 – Monthly Digest February’ [End] 2025

  If the prosecution failed to prove the identity of seized gold the accused is not liable to prove lawful acquisition of gold These appeals concerning a significant fraud involving fake Telegraphic Transfers (TTs) that resulted in a loss of Rs. 6.7 crores at Vijaya Bank, Nasik Branch. The Court reviewed the convictions of several accused,…
• Saturday, March 1 – If the prosecution failed to prove the identity of seized gold the accused is not liable to prove lawful acquisition of gold

  These appeals concerning a significant fraud involving fake Telegraphic Transfers (TTs) that resulted in a loss of Rs. 6.7 crores at Vijaya Bank, Nasik Branch. The Court reviewed the convictions of several accused, including Nandkumar Babulal Soni, who was found guilty under Sections 120B and 411 of the IPC. However, the Supreme Court ultimately set aside Nandkumar’s conviction, determining that the prosecution failed to establish the identity of the seized gold bars as stolen property….
• Friday, February 28 – No Sanction No Cognizance?

  The Hon’ble Supreme Court of India quashed the charge sheet and summoning order against the appellant, because the necessary sanction for prosecution under Section 197 of the Code of Criminal Procedure (CrPC) was not obtained. The Court found that the appellant, a public servant, was acting in her official capacity when the alleged offences occurred, and thus, prior sanction was required for prosecution. The Court noted that the sanction was not granted by the competent authority, the Bureau…
• Friday, February 28 – Before Priyanka Srivastava case it was not required to file affidavits for petitions u/s. 156(3) Cr.P.C

  In this judgment the appellants, challenged the dismissal of their criminal revisions by the Calcutta High Court concerning two FIRs filed against them for serious allegations including forgery and cheating. The appellants argued that the FIRs were motivated and false, and contended that the second FIR violated the requirement for an affidavit as established in the case of Priyanka Srivastava vs. State of Uttar Pradesh (2015) 6 SCC 287. However, the Supreme Court upheld the High Court’s ruling…
• Thursday, February 27 – If the accused failed to put question to the witness the presiding judge is duty bound to put that question under Section 165 of the Evidence Act

  This Supreme Court judgment outlines a case where the State of Madhya Pradesh appeals against the acquittal of Balveer Singh, the accused, from charges related to the murder of his wife, Birendra Kumari. The case includes a detailed index that covers the prosecution’s case, the incident details, oral evidence, the trial court’s judgment, the impugned order by the High Court, analysis of the evidence, and concluding remarks. The document emphasizes the legal principles involved, particularly…
• Tuesday, February 25 – Natural justice must be followed before impounding passport under section 10(3) Passports Act, 1967

  The Hon’ble Supreme Court of India, in this case quashed the orders directing the initiation of extradition proceedings against the appellant and due to his non-appearance in a domestic violence case, which was deemed unjustified as it stemmed from the impounding of his passport without due process. The Apex Court recognized the irretrievable breakdown of the marriage between the parties, who had cohabited for only 80 days and had been living separately since May 2018, amidst numerous legal…
• Thursday, February 20 – Two firs nothing wrong

  The judgment pertains to a legal case involving the State of Rajasthan against Surendra Singh Rathore, who is accused of corruption and bribery related to the licensing of bio-fuel pumps. The case arose from complaints filed by individuals associated with bio-fuel companies, alleging that Rathore demanded bribes for the sale of bio-diesel and the renewal of licenses. Two FIRs were registered against him, with the second FIR being contested by Rathore as not disclosing fresh incidents. The…
• Thursday, February 20 – Section 437(1) & (2) Cr.P.C is a stage prior to trial whereas section 437 (6) Cr.P.C is after filing of charge-sheet and framing of charge when trial commences

  The Hon’ble Supreme Court of India in the case, addressed an appeal concerning the denial of regular bail to the appellant, who was implicated in an economic offence related to cryptocurrency, resulting in significant financial losses for approximately 2000 investors. The Court noted that the appellant had been in custody since December 2023 and highlighted the lengthy trial process, which involved examining 189 witnesses. The court acknowledged the necessity of imposing certain conditions…
• Tuesday, February 18 – Defamation Quash: No averments in the complaint to establish as to how appellant-2 was responsible for controlling the contents of the newspaper publication

  Hon’ble Supreme Court of India, in this judgment has quashed the criminal proceedings against several appellants, who were accused of defamation under Sections 499 and 500 of the Indian Penal Code due to allegedly defamatory articles published in various newspapers in various states regarding the authenticity of paintings auctioned by the complainant. The Court found that the appellants (particularly Bose), who served as the Editorial Director, were not directly responsible for the…
• Tuesday, February 18 – Monthly Digest February’ 2025

  Monthly Digest February’…
• Monday, February 17 – Directions issued to manage S. 138 NI Act cases effectively

  Directions issued to manage S. 138 NI Act cases…
• Monday, February 17 – UAPA bail granted after five years in custody

  In this case, allowed the appellant’s appeal for bail after he had been in custody for nearly five years without a conclusion in trial. The Court acknowledged the seriousness of the charges under the Unlawful Activities Prevention Act (UAPA) and the Indian Penal Code (IPC) but emphasized the appellant’s fundamental right to a speedy trial as enshrined in Article 21 of the Constitution. It criticized the prosecution for planning to examine an excessive number of witnesses, which contributed to…
• Saturday, February 15 – Discharge: When specific remedy is available under section 397 Cr.P.C the CBI ought not to have filed petition under section 482 Cr.P.C

  In the present case, the Apex Court overturned a High Court order that had set aside a discharge order by a Special Judicial Magistrate, which had previously cleared the appellants of charges under Sections 420 and 120B of the Indian Penal Code. The Court found that the appellants had initially disclosed relevant information regarding a bank loan and mortgage in their first application to the AICTE when seeking approval for educational institutions. The subsequent applications contained…
• Friday, February 14 – Portions contradicted with the previous statement can be put in bracket and marked as Exhibit AA, BB, e.t.c

  The law is well settled. The portion of the prior statement shown to the witness for contradicting the witness must be proved through the investigating officer. Unless the said portion of the prior statement used for contradiction is duly proved, it cannot be reproduced in the deposition of the witnesses. The correct procedure is that the Trial Judge should mark the portions of the prior statements used for contradicting the witness. The said portions can be put in bracket and marked as AA, BB,…
• Friday, February 14 – PMLA-Bail:  Mandatory requirements of Section 45 PMLA not considered while releasing the accused on bail hence matter remanded back for fresh consideration

  In this judgment, the Supreme Court of India addressed the appeal filed by the Union of India through the Enforcement Directorate, challenging the High Court’s decision to grant bail to Kanhaiya Prasad under the Prevention of Money Laundering Act (PMLA). The Supreme Court found the High Court’s order to be unsustainable and untenable, highlighting that it failed to consider the mandatory requirements of Section 45 of the PMLA, which outlines strict conditions for granting bail in such cases….
• Thursday, February 13 – Dowry death: Acquittal: Evidence on record is full of omissions amount to material contradiction

  This judgment pertains to the case where the accused was initially found guilty of the offence under Section 304B of the Indian Penal Code (I.P.C.) for causing the death of his wife under circumstances suggesting dowry-related cruelty. However, upon appeal, the High Court scrutinized the evidence and determined that the prosecution failed to substantiate the claim of a dowry demand of ₹4,00,000/-, concluding that the financial and social circumstances of the parties made such a demand…
• Thursday, February 13 – Firearm: Acquittal: Ballistic report opined that two bullets found in the bodies were not sufficient for comparison with the test fired bullets

  In the case of Siba Nial @ Trilochan vs. State of Odisha, the Supreme Court of India overturned the conviction of the appellant for the murder of Dhaneswar Kata and his wife, Nirupama Kata, which had been affirmed by the High Court. The prosecution’s case relied heavily on witness testimonies that were found to be inconsistent and lacking in direct evidence linking the appellant to the crime, as key witnesses did not identify any culprits and there were significant gaps in the timeline of…
• Monday, February 10 – Murder case: Asphyxia can be caused by Chronic tuberculosis and the ligature marks on the neck might be due to long journey of dead body

  The document discusses the legal principles regarding the evaluation of circumstantial evidence in criminal cases, focusing on the standards established in the case of Sharad Birdhichand Sarda v. State of Maharashtra. It elaborates on the need for a conclusive chain of evidence to establish guilt and the responsibilities of both the prosecution and the accused, particularly in relation to Section 106 of the Evidence Act, which places a burden on the accused to explain circumstances when the…
• Monday, February 10 – No Original Documents No Registration of Deed?

  In this judgment, the Hon’ble High Court of Madras examined an appeal filed by P. Pappu against the dismissal of his writ petition challenging a refusal check slip issued by the Sub Registrar, Rasipuram, concerning a release deed. The Court noted that the provisions of Rule 55-A were meant to prevent fraudulent transactions but maintained that there should not be an absolute bar on registration without the original documents, as clarifications from the Inspector General allowed for…
• Saturday, February 8 – Transfer of malice: Act of accused was nothing but murder under section 302 IPC r/w section 301 IPC

  In the judgment delivered on January 30, 2025, in this case, the Supreme Court revisited the appellant’s conviction originally for murder under Section 302 of the IPC, which was subsequently altered to culpable homicide not amounting to murder under Section 304 Part-I. The Court acknowledged the significance of the year of the incident (1992) and the appellant’s age (74 years), resulting in a reduction of the sentence to the period already undergone. The Court upheld the High Court’s acceptance…
• Friday, February 7 – Dock identification not relied since the Test Identification was not conducted

  In the criminal appeal arising from the conviction of Wahid and Anshu, the court found insufficient corroborative evidence regarding the recovery of looted articles, thus granting the appellants the benefit of the doubt. Despite the prosecution’s arguments and witness testimonies, the court determined that the evidence was not compelling enough to uphold the lower court’s convictions. Consequently, the appeals were allowed, the impugned judgment and order of the High Court were set aside, and…
• Wednesday, February 5 – Supreme court clarified the celebrated Uma devi judgment. State of Karnataka vs. Umadevi (2006 (4) SCC 1). (hereinafter umadevi judgment)

  “…Right to employment, if it is a part of right to life, would stand denuded by the preferring of those who have got in casually or those who have come through the back door. The obligation cast on the State under Article 39(a) of the Constitution of India is to ensure that all citizens equally have the right to adequate means of…
• Wednesday, February 5 – SC/ST Act: As per FIR accused insulted the complainant inside his office hence does not come within public view

  The judgment involves an appeal against the dismissal of petitions filed by the Appellant under Section 482 of the Cr.P.C by the Hon’ble Madras High Court. The Appellant was charged with offences under the Indian Penal Code and the SC/ST Act concerning an incident registered in Crime No. 676 of 2021. The High Court had rejected the Appellant’s petitions, stating that the allegations were sufficient for trial. However, the Supreme Court found that the ingredients necessary to constitute an…
• Tuesday, February 4 – No moral conviction: Unless the deceased was subjected to cruelty or harassment or in connection with demand of dowry soon before her death presumption under section 113A IEA cannot be invoked

  In this judgment, the appellant, along with his parents, was tried for offences punishable under Sections 304-B and 498-A of the Indian Penal Code, resulting in his parents acquittal while appellant was convicted and sentenced to rigorous imprisonment for seven years under Section 304-B and one year under Section 498-A, along with a fine. The High Court upheld this conviction; however, upon further appeal, the Supreme Court found that the prosecution failed to prove the essential ingredients of…
• Monday, February 3 – Electronic records objection: Though objection regarding absence of certificate under section 65B IEA not raised while marking but question put to the witness is treated as objection

  The judgment in the case of Chandrabhan Sudam Sanap vs. The State of Maharashtra addresses the appeal against the conviction and death sentence imposed by the Trial Court for multiple serious offenses, including murder (Section 302 IPC), kidnapping (Sections 364 and 366 IPC), rape (Section 376 IPC), robbery (Chapter 392 read with 397 IPC), and destruction of evidence (Section 201 IPC). The High Court upheld the conviction and death sentence after reviewing the evidence, including the…
• Friday, January 31 – Monthly Digest January’ 2025 (End)

  Monthly Digest January’ 2025…
• Friday, January 31 – No affidavit no Suspension of sentence?

  In this judgment, the Hon’ble Madras High Court overturned the conviction and life sentence of Sasikumar (appellant/accused), who had been found guilty of murdering his father, Mr. Sivaji, by the Principal Sessions Court, Namakkal. The prosecution’s case was primarily based on the motive of financial disputes regarding the purchase of a lorry, and the recovery of blood-stained clothing and a bill hook from the accused. However, the court found that the key eyewitnesses had turned hostile, and…
• Friday, January 31 – Elicited portions through contradiction as per section 145 IEA from sections 161 & 164 Cr.P.C statements are not substantive evidence

  This judgment addresses the appeals arising from the High Court of Punjab and Haryana’s order in Criminal Revision Application No. 194 of 2006 in which Hon’ble High Court had reversed the acquittal of the appellants for the offense of murder and imposed a life sentence which was challenged in the present case. Apex court in this judgment emphasizes the principle that a High Court, as a revisional court, cannot convert a finding of acquittal into conviction nor order a retrial without…
• Thursday, January 30 – Omissions: Witness does not recall if he told the police he was standing fifteen feet away during the incident

  It emphasizes the presence of material omissions and contradictions in the testimonies of key witnesses, PW-4 and PW-5, which undermine their credibility. The court underscored that the only evidence against the appellant was the recovery of a knife, and the doubts surrounding its evidentiary value were echoed in prior legal precedents. Consequently, the High Court’s judgment and the trial court’s order were quashed, leading to the appellant’s acquittal after more than twelve years of…
• Thursday, January 30 – Quashed: Summoning order should not be vague and must be a speaking one

  A complaint has been filed under the Drugs and Cosmetics Act, 1940. The complaint, filed by the Drugs Inspector, alleged that the appellants manufactured and distributed a drug that was declared “Not of Standard Quality” based on an analytical report. The Supreme Court found merit in the appeal, emphasizing that the Magistrate must apply their mind to the facts and law before issuing a summons, and noted that the summoning order lacked any reasoning, leading to the conclusion that the appeal…
• Tuesday, January 28 – Employer-Employee: Complaint (employee) does not indicate that the appellants (employers) used filthy language

  This judgment concerns allegations made by the complainant against the appellants regarding harassment, coercion to resign, and physical assault related to workplace incidents. The appellants contest the validity of the charges, arguing that the complaints lack essential elements of the offences, are vague, and were initiated to exert pressure for monetary gain. They assert that the complaints do not specifically attribute any roles to them, particularly for the second accused, who allegedly…
• Friday, January 24 – Community service or compensation? Though appellant is eager to do community service the lack of opportunities leads to a direction to pay compensation

  The appeal is against the High Court’s conviction under Section 498-A of IPC and Section 4 of the DP Act. The Hon’ble Supreme Court confirmed the conviction while modifying the sentence, allowing the appellant to be sentenced for the period already undergone and directing him to pay Rs. 3,00,000/- as compensation to the de facto complainant, Sridevi (PW-4). The Court emphasized the need for compliance with the compensation order within six months and considered the appellant’s experience in…
• Thursday, January 23 – No provision for interim bail under law and is not permissible for the purposes of contesting elections much less for campaigning

  The petitioner, Mohd. Tahir Hussain, who is in custody in connection with multiple criminal cases, including rioting and the murder of Ankit Sharma, an official from the Ministry of Home Affairs. The petitioner applied for interim bail to participate in the Delhi Assembly Elections, having previously contested elections as a councilor for the Aam Aadmi Party and now with the All India Majlis-e-Ittehadul Muslimeen. The High Court denied his application for interim bail but allowed conditional…
• Tuesday, January 21 – Dowry Death: Since witnesses stating the dowry demand only before the court (significant omission) would not establish section 304B IPC

  This judgment was preferred against the appellants’ conviction. The Apex court found significant contradictions and omissions in the testimony of key witnesses, particularly concerning the alleged demand for dowry. The testimonies of prosecution witnesses, including PW-1 and PW-2, were deemed insufficient to establish the charges against the appellants. Consequently, the High Court’s previous judgment and the Sessions Court’s ruling were quashed, resulting in the acquittal of the appellants and…
• Tuesday, January 21 – Monthly Digest January’ 2025

  Monthly Digest January’ 2025…
• Sunday, January 19 – Section 306 IPC [s.45 BNS]: Duty of realising outstanding loans for employer cannot be said to have instigated to commit suicide

  The appellant’s challenge against the Hon’ble High Court’s decision to maintain charges under Section 306 of the IPC related to the alleged instigation of suicide of Ranjit Chauhan. The Apex court after reviewing the evidence concluded that the case against the appellant was groundless for framing of charges and consequently discharged the appellant from the proceedings in the Sessions Case No. 19 of 2023 by setting aside the earlier High Court order. The appeal was thus…
• Sunday, January 19 – The remedy against any judgment is to prefer a petition under Article 136 of the constitution and not under Article 32

  The Writ Petition seeks several reliefs, primarily to declare a previous judgment by the Bombay High Court as illegal due to a lack of hearing for the necessary parties. The Supreme Court concluded that the judgment of the High Court cannot be declared illegal under Article 32 of the Constitution, and it dismissed the petition, allowing the petitioners to seek remedies through other legal…
• Saturday, January 18 – DNA evidence: The court cannot rely on the DNA report if the prosecution fails to prove when the blood was taken from the accused for comparison

  The Hon’ble Madras High Court acquitted Kalimuthu (A2) and Sethupathy (A1) of all charges framed against them in a case involving the alleged kidnapping and sexual assault of a minor girl in 2017. The court found several inconsistencies and doubts in the prosecution’s case, including delays in lodging the complaint and sending the FIR to the Magistrate, lack of proper identification of the accused, and procedural issues with the DNA evidence. The court concluded that the prosecution failed to…
• Friday, January 17 – Appreciation of hostile witness explained [A must carry judgment by prosecutors]

  A must carry judgment for all…
• Thursday, January 16 – Section 125(4) Cr.P.C: “No divorce No maintenance?” Supreme Court decided on factual aspect

  The judgment addresses whether a husband who has obtained a decree for restitution of conjugal rights can avoid paying maintenance to his wife if she refuses to return to their home. The court clarified that even if there is a decree for restitution of conjugal rights, it does not automatically negate the wife’s right to maintenance under Section 125 of the Code of Criminal…
• Thursday, January 16 – Court cannot presume suicide under section 113A IEA without proof of evidence of aiding or instigating

  The document pertains to Criminal Appeal No. 1408 of 2015 in the Supreme Court of India, where Ram Pyarey, the appellant and brother-in-law of the deceased, appeals against the High Court’s dismissal of his earlier appeal and the trial court’s conviction under Sections 306 and 498-A of the IPC and Section 4 of the Dowry Prohibition Act. The case involves allegations that the deceased was subjected to harassment and demands for dowry from her in-laws, leading her to commit suicide by…
• Wednesday, January 15 – Section 175(3) BNSS: Magistrate may direct investigation only when the assistance of Investigation Agency is necessary if the allegations are simple, Magistrate can straightaway proceed to conduct trial

  The Supreme Court allowed the appeal and set aside the High Court and Magistrate orders directing a police investigation under Section 156(3) Cr.P.C., holding that the Magistrate acted mechanically without checking if the complaint’s allegations actually fulfilled the legal ingredients for offences under Sections 294, 504, 506, 500, and 323…
• Friday, January 10 – Acquittal upheld: Witness’s inability to recall even a few of 30 witnesses who witnessed the occurrence would make the witness untrustworthy

  This criminal appeal was filed by the appellant against the acquittal of Respondents 2 and 3, previously charged under Sections 294(b), 323, and 307 IPC, later altered to Section 302 IPC, after the death of the appellant’s father, allegedly resulting from an assault by the accused. The prosecution’s case highlighted a family dispute on July 25, 2010, leading to an altercation where the deceased, attempting to mediate, suffered fatal injuries allegedly inflicted by the accused with a wooden…
• Friday, January 10 – Conviction based on Extra-Judicial confession is confirmed

  The judgment revolves around the conviction of the appellant who was convicted for the offences under Sections including kidnapping (IPC Section 364), murder (IPC Section 302), and destruction of evidence (IPC Section 201) of the IPC for the murder of Selvam (deceased). The prosecution has established that appellant, due to a financial dispute, lured Selvam to his field, attacked him with a wooden log, and buried him alive. The body was later exhumed and forensic evidence confirmed the identity…
• Friday, January 10 – Closure report & section 319 Cr.P.C: Accused dropped in the closure report is not a bar to summon them under section 319 Cr.P.C

  This case involve two petitioners who were summoned by the Trial court to face trial. The petitioners have challenged this summoning order before the Hon’ble High court, but the High court upheld the Trial court’s order to summon them. The legal standards for invoking a section 319 of the CrPC, emphasizing that such powers should be used cautiously and only when there is strong evidence indicating that another person may be guilty. The witness had identified the petitioners as participants in…
• Friday, January 10 – Supreme court quashes fir in property dispute emphasizes civil in nature and held it is impossible to appreciate how appellant deceived the respondent

  Hon’ble Supreme Court of India dealt with the dismissal of a writ petition filed by the appellant, who sought to quash a First Information Report (FIR) under Section 420 of the Indian Penal Code, 1860, lodged against him concerning a property dispute. Following the filing of civil suits, the 4th respondent accused the appellant of selling part of the property without consent from all legal heirs, leading to the registration of the FIR. The Hon’ble Supreme Court of India, quashed an FIR…
• Thursday, January 9 – Mere contradictions would not make the entire story of prosecution false [Falsus in uno falsus in omnibus explained]

  This appeal is against the convictions of certain accused persons involved in the murder of two individuals during a political clash between RSS/VHP and CPI(M) in 2002. The appellants were convicted [under various sections of the IPC and the Explosive Substance Act] by the Hon’ble High Court that acquitted several accused while convicting the appellants. The Apex Court upheld the conviction of A1 to A3 and A11 and A12 in this appeal. The Hon’ble High Court had previously acquitted A4 to A10…
• Wednesday, January 8 – Return of property in NDPS Act: Hon’ble Supreme court after explain four scenarios held that in the absence of specific bar under the NDPS court can invoke general power under sections 451 and 457 Cr.P.C

  The judgment in the case of Bishwajit Dey vs. The State of Assam revolves around a Criminal Appeal filed against the order of the Gauhati High Court, which dismissed the appellant’s writ petition challenging a prior order from the Additional Sessions Judge regarding the custody of a vehicle seized during a police investigation. The appellant, Bishwajit Dey, had acquired a truck for commercial purposes, which became subject to legal scrutiny due to its involvement in a case amid ongoing…
• Tuesday, January 7 – Once a foreigner is released on bail he cannot leave India without the permission of the Civil Authority and the Court should direct the investigating agency or the State to inform the concerned Registration Officer

  The Hon’ble Supreme Court addresses the procedural particulars/details concerning bail applications filed by foreigners under the Foreigners Act, 1946, and the Registration of Foreigners Rules, 1992. The Apex court questioned whether it is necessary to implead a Foreign Registration Officer in bail applications filed by foreigners. Apex court clarifies that while the Central Government has the authority to regulate the entry, presence, and departure of foreigners under Section 3 of the Act,…
• Monday, January 6 – CBI had the authority to investigate offences involving Central Government employees under a Central Act without needing state consent

  In this judgment the Hon’ble Supreme Court of India dealt with appeals from the Central Bureau of Investigation (CBI) challenging a common judgment in two Writ Petitions delivered by the Hon’ble High Court of Andhra Pradesh dated: 13.04.2023,. The Hon’ble High Court had previously quashed the FIRs, charge sheets, and subsequent proceedings against a respondent who had faced allegations under the Prevention of Corruption Act, 1988, arising from claims of illegal gratification. The…
• Monday, January 6 – No Sanction Quash: The appellant’s official duty would be in furtherance of the act and covered with section 197 Cr.P.C r/w 83 M.P Housing Board Act 1972

  The Hon’ble Supreme Court of India delivered a judgment quashing the High Court’s decision, which had refused to dismiss an FIR and the subsequent proceedings against the appellant, a Madhya Pradesh Housing Board official accused of facilitating a fraudulent property transfer. The Court found no evidence to suggest that the appellant had any intent or knowledge of forgery. It concluded that his actions were safeguarded under Section 83 of the M.P. Housing Board Act, 1972, which is similar to…
• Saturday, January 4 – A mere statement without intention would not attract offence

  The present appeal challenged the Hon’ble High Court of Allahabad’s decision to reject appellant’s request to quash the chargesheet and proceedings arising from Case Crime No. 1074 of 2019 under Sections 354 and 506 of the Indian Penal Code. The allegations in the complaint is of inappropriate behavior and threats made by the appellant against the complainant, who was also a director in their joint company, M/s LAJ-IDS Exports Pvt. Ltd. The Hon’ble Supreme Court examined the evidence,…
• Friday, January 3 – Bail was not granted as per the rigour of section 21(4) of MCOCA hence matter remanded to the Hon’ble High Court for fresh consideration

  The judgment pertains to an appeal concerning the grant of bail to respondents Nos. 2 and 3 in a case linked to offences under the Maharashtra Control of Organised Crime Act (MCOCA). The widow of the victim challenged the Hon’ble High Court’s decision, arguing that the bail order was akin to a mini-trial and did not properly consider the stringent conditions under Section 21(4) of MCOCA. The appellant raised concerns about the High Court’s approach in addressing the correctness of the…
• Friday, January 3 – Section 174A IPC [section 209 BNS 2023] is a stand alone, independent and substantive offence that can continue even if the proclamation under Section 82 Cr.P.C. is extinguished

  Daljit Singh, who was acquitted of the main offence i.e section 138 N.I Act but subsequently faced an FIR under Section 174A IPC and was granted bail under specific conditions. The appellant, was declared a proclaimed offender in connection with a business dispute involving the National Highways Authority of India (NHAI). Despite being acquitted of the main offense under Section 138 of the Negotiable Instruments Act, the Court held that the offense under Section 174A of the Indian Penal Code…
• Thursday, January 2 – Subject Study on Sanction

  Subject Study on…
• Thursday, January 2 – Weekly Digest December’2024 (last volume)

  Weekly Digest December’2024 (last volume)…
• Thursday, January 2 – High Court would be justified in quashing the proceedings if the allegations taken in its entirety do not prima facie constitute a case against the accused

  This Hon’ble Supreme Court judgment addresses an appeal challenging the High Court’s dismissal of an application for quashing an FIR in a matrimonial dispute/cruelty. The Hon’ble Supreme Court emphasized the need for specificity in allegations, noting that vague accusations against family members without concrete evidence can lead to misuse of legal processes, resulting in unnecessary harassment of innocent parties. The Court highlighted the principle that generalized claims in domestic…

2024

• Tuesday, December 31 – In the light of investigation order freezing the account without quantifying the amount and period cannot be passed by the police

  Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the fifth respondent to dispose of the petitioner’s representation dated 23.07.2024 by defreezing the petitioner’s account bearing Account No: 50100456613718 and IFSC Code: HDFC0004221 and releasing the entire amount of Rs.9,69,580/- plus the amount of Rs.2,48,835/- held by the fifth…
• Saturday, December 28 – As per Section 323 of Cr.P.C the Magistrate before signing judgment may commit the case if the same has to try by court of Sessions

  The Hon’ble High court dismissed the petition to quash the criminal case against K. Kalyanasundaram, proprietor of M/s. Emkay Bio Products, who was the accused of manufacturing substandard drugs [“not of standard quality”].  Complaint lodged was under Section 32 of the Drugs and Cosmetics Act, 1940 for the alleged contravention of Sections 18(a)(i) r/w Section 17-B (d) punishable under Section 27(c) of the Drugs and Cosmetics Act, 1940. The court found that the drugs, tested by both the…
• Friday, December 27 – Petitioner should not be found fault for presenting words from ‘Manusmriti’ that degrade women

  The court quashed the private complaint against Thol. Thirumavalavan, who was accused of making derogatory remarks about Hindu women in a YouTube video, stating that his speech was based on the book “Manu Smriti” and did not constitute hate speech or any of the alleged offences under Sections 120-B, 295-A, 298, 500, 509 of IPC and Section 67 of the Information Technology Act. The court found no evidence to support the allegations and concluded that the petitioner did not intend to degrade the…
• Friday, December 27 – Parents visiting right is modified keeping the child’s well-being and health

  The Supreme Court judgment revolves around a custody dispute between Sugirtha and Gowtham. The couple married on September 9, 2021, and had a daughter on June 6, 2022. Following allegations of cruelty and domestic violence, Sugirtha filed for divorce in June 2023. The Family Court granted Gowtham visitation rights, requiring Sugirtha to bring their daughter to Karur every Sunday. Sugirtha appealed, arguing that the 300-kilometer round trip from Madurai to Karur was too burdensome and posed a…
• Thursday, December 26 – After the accident vehicle caused the accident dragged in high speed about 15 feet hence the act of rash and negligence proved

  In our considered opinion, the Petitioner has miserably failed to raise a reasonable doubt to probabalise the version narrated by him. The High Court and the Courts below are right in concluding that the act of the Petitioner was a rash and negligent one and have thereby rightly convicted the accused…
• Tuesday, December 24 – Suicide instigation should put in such position that the victim has no other option but to commit suicide

  The appellants were accused of abetting the suicide of Jyoti Nagre, who committed suicide by hanging herself on March 20, 2015. The appellants were charged under Sections 306 and 34 of the Indian Penal Code (IPC). The case revolved around the allegations of mental and physical torture by the appellants, which led to the deceased’s suicide. The trial court and the High Court had dismissed the appellants’ plea for discharge from the charges. The Supreme Court, however, found that there was a…
• Monday, December 23 – Company is the drawer of the cheque and the authorised signatory is merely a limb that signs the cheque

  The main legal issue addressed in this case revolves around the maintainability of a complaint under Section 138 of the Negotiable Instruments Act, 1881, particularly concerning the lack of the company’s involvement as an accused party. The High Court emphasized that, without the company being arraigned as an accused and the necessary compliance with the requirements for vicarious liability under Section 141, the accused could not be convicted as the sole accused. This highlighted the…
• Saturday, December 21 – Quashing FIR based on settlement in special statute like PC Act would impact the society at large 

  The case involves allegations against the appellants related to fraud and cheating concerning a loan of Rs. 25 Crores obtained from SICOM Ltd. in 2013. The complaint, lodged by respondent no. 3 with the Central Bureau of Investigation, claims that the appellants diverted funds from the loan account and changed building plans without bank consent, which resulted in the collateral’s reduced value. Initially valued at Rs. 107.7 Crores in 2014, the property’s value plummeted to Rs. 3.45 Crores when…
• Friday, December 20 – Witness saw accused with blood-stained shirt but did not see him together with the deceased cannot be a proof for last seen theory

  This judgment is a criminal appeal (Crl.A.No.232 of 2019) decided by the High Court of Judicature at Madras concerning the appellant, Aravindan, who was convicted in S.C.No.69 of 2017 for murder under Section 302 IPC. The case arises from an incident on 13.06.2016, wherein the deceased, Chinnasamy, was killed by the appellant during a quarrel while under the influence of alcohol. Following the incident, an FIR was lodged by the deceased’s son, leading to the investigation and arrest of the…
• Thursday, December 19 – Appeal against acquittal: In appeal against acquittal presumption of innocence is fortified and appellate Court not to take contrary view if trial court’s view is plausible

  The case is a criminal appeal filed under Section 374 (2) of the Code of Criminal Procedure, 1973, to set aside the judgment in S.C.No.153 of 2011 delivered by the Principal District Sessions Judge, Thiruvannamalai District. The appellant, the defacto complainant, alleged that the first accused and his wife attacked him and their father, leading to the father’s death. The trial court acquitted the accused due to insufficient evidence and lack of corroboration from independent witnesses. The…
• Thursday, December 19 – Supreme Court Mandates Immediate Redistribution of Surplus Land in Landmark Judgment 

  Supreme Court Mandates Immediate Redistribution of Surplus Land in Landmark…
• Thursday, December 19 – Duty of the registry is to control litigants who files synopsis that runs 128 pages

  The Supreme Court of India granted Deepti Sharma leave to appeal, condoning delays in filing. Deepti Sharma, who obtained a divorce decree on grounds of cruelty in 2016, challenged a 2019 order from the Allahabad High Court’s Division Bench. This order, passed under Section 482 of the Criminal Procedure Code (CrPC), was initially directed by the Supreme Court to be heard by a single judge but was instead decided by a Division Bench due to the Supreme Court’s earlier directive. 

  The High Court…

• Thursday, December 19 – High Court cannot damage the career of judicial officer by way of observations if the trial court did not follow specific format given by High Court

  The Supreme Court of India, ruled in favor of Ayub Khan, a District and Sessions Judge in Rajasthan, who had appealed against an adverse observations and directions issued by the Hon’ble High Court for not following its prescribed format ( a particular form) in a bail order. The Supreme Court emphasized that while the High Court can set principles for granting bail, it cannot mandate the format of bail orders, and non-compliance should not be treated as indiscipline or contempt. Consequently,…
• Wednesday, December 18 – Pakistan to Gujarat Border Narcotics: NIA Act is offence centric and not accused centric: Cancellation of bail upheld

  In a significant ruling, the Hon’ble Supreme Court of India addressed the complexities surrounding bail cancellation in the case of Ankush Vipan Kapoor against the National Investigation Agency (NIA). The petitioner, Ankush Vipan Kapoor, filed a Special Leave Petition (Crl.) No. 2819 of 2024, challenging the order of the Punjab and Haryana High Court that canceled his bail in relation to FIR No. 20/2020. This case sheds light on critical issues of law concerning the powers of investigative…
• Monday, December 16 – Supreme Court Invalidates State Government’s Scheduled Caste Notification, Upholding Constitutional Authority 

  The case of Union of India vs. Rohit Nandan revolves around the appeal by the Union of India against a ruling by the Patna High Court that had allowed Rohit Nandan’s writ petition challenging the dismissal of his Original Application by the Central Administrative Tribunal. The High Court’s decision had favored Nandan, granting him recognition under the Scheduled Caste category. However, the Supreme Court overturned this ruling, restoring the Tribunal’s dismissal and clarifying that Nandan…
• Sunday, December 15 – Weekly Digest (2) December’2024

  Apex court uncovered the ongoing tendency of misusing provisions like section 498A IPC for unleashing personal vendetta against husband and his family This appeal challenges the by the Hon’ble High court order refused to quash an FIR  filed against Appellant No. 1 for cruelty, harassment and dowry demands under Section 498A of the IPC and…
• Sunday, December 15 – Plea of alibi gone wrong for murder case also defence on lack of sanction won’t work 

  The case revolves around police officials from Murar Police Station, Gwalior, who allegedly forged an arrest to protect Ashok Dixit, an accused in a murder case. The investigation led to the suspension of the involved officials and the filing of a charge sheet against them. The High Court quashed the proceedings due to the lack of sanction under Section 197 CrPC, which protects public servants from prosecution without government approval. The complainant has appealed against this quash order,…
• Saturday, December 14 – Supreme Court Overturns High Court’s Decision in Mumbai Eviction Case and directed to proceed with the principles of natural justice

  The Supreme Court of India ruled in favor of the Municipal Corporation of Greater Mumbai, setting aside the High Court’s order that had expedited eviction proceedings against unauthorized occupants of public premises. The Supreme Court found that the High Court had overstepped its jurisdiction by framing points for determination in a summary proceeding. The Inquiry Officer was directed to proceed with the eviction proceedings in accordance with principles of natural justice, allowing both…
• Saturday, December 14 – An inordinate delay in the execution of the sentence of death has a dehumanising effect on the accused

  An inordinate delay in the execution of the sentence of death has a dehumanising effect on the…
• Friday, December 13 – Writ: Miscellaneous Applications Not Entertained after disposal of a main writ petition

  Miscellaneous Applications Not Entertained after disposal of a main writ…
• Friday, December 13 – Compensation over incarceration in special circumstance of 11 years after the incident

  The Supreme Court of India upheld the conviction of Muthupandi for rash and negligent driving under Sections 279 and 304(A) of the IPC, which resulted in the death of a person and six cows. However, considering the long duration since the incident (11 years) and the appellant’s continuous bail status, the Court set aside the sentence of imprisonment and fines. Instead, it ordered that the amount of Rs. 1,00,000/- deposited by the appellant be paid to the mother of the deceased as compensation….
• Friday, December 13 – Murder case acquittal: No witness suggests the presence of accused in the SOC on the fateful day

  Nusrat Parween and Ahmad Khan appealed against their life imprisonment sentences for the murder of Hamida Parween, following a property dispute. The prosecution relied on circumstantial evidence, claiming a motive and a “last seen together” theory. However, the defense argued that no direct evidence linked the accused to the crime. The court found the prosecution’s case unconvincing, leading to the acquittal of all accused, including Abdul Rahman Khan, due to insufficient…
• Friday, December 13 – Can a state claim adverse possession over the property of private citizens? – SC Answers

  The Supreme Court of India upheld the High Court’s decision, which restored the Trial Court’s decree in favor of the plaintiffs, Amin Lal and Ashok Kumar, in a land dispute case against the State of Haryana and the Public Works Department (PWD). The plaintiffs claimed ownership based on revenue records, while the defendants argued adverse possession since 1879-80. The Trial Court ruled for the plaintiffs, but the First Appellate Court reversed this decision. The High Court reinstated the Trial…
• Thursday, December 12 – Apex court uncovered the ongoing tendency of misusing provisions like section 498A IPC for unleashing personal vendetta against husband and his family

  This appeal challenges the by the Hon’ble High court order refused to quash an FIR  filed against Appellant No. 1 for cruelty, harassment and dowry demands under Section 498A of the IPC and Sections 3 and 4 of the Dowry Act. Appellants 2 to 6 are accused of instigating these claims. The FIR is criticized by the Hon’ble Supreme court for being vague with allegations deemed unbelievable, particularly since Respondent No. 2 left the matrimonial home after a dispute and Appellant No. 1 sought…
• Monday, December 9 – Weekly Digest December’ (1st) 2024

  Weekly Digest December’ (1st)…
• Monday, December 9 – When doctrine of lis pendens commences?

  The Supreme Court of India reviewed a previous judgment in the case of M/s Siddamsetty Infra Projects Pvt. Ltd. vs. Katta Sujatha Reddy & Ors., where the petitioner sought specific performance of a contract. The Trial Court had dismissed the suit, while the High Court partly allowed it, directing specific performance proportionate to the consideration paid. The Supreme Court analyzed whether the suit was barred by limitation and whether the petitioner was entitled to specific performance. The…
• Sunday, December 8 – Murder case: Acquittal: No utterance of a single word by the witnesses about the illicit affair further recovery of skeletal remains not proved as per law

  The appeal arises from a judgment by the High Court of Telangana, which upheld the conviction of the appellant (A1) and acquitted two co-accused (A2 and A3) in a criminal case involving charges under Sections 384, 364, 302, and 201 of the Indian Penal Code (IPC). The trial court convicted A1, A2, and A3 for various offences, including life imprisonment for murder (Section 302 IPC). The High Court upheld the conviction of A1 but acquitted A2 and A3. The prosecution alleged that A1’s wife had an…
• Saturday, December 7 – Quash: Appellant’s possession of buttondar knife was for any of the prohibited categories as indicated in the DAD Notification and hence quashed

  The appellant, Irfan Khan, was charged under Sections 25, 54, and 59 of the Arms Act, 1959, for possessing a buttondar knife with dimensions exceeding the legal limits. Irfan Khan filed a petition in the High Court of Delhi to quash the FIR and charge-sheet, which was rejected. The Supreme Court reviewed the case and found that the knife’s dimensions did not violate the Arms Act or the DAD notification, as there was no evidence that the knife was meant for manufacture, sale, or test. The…
• Saturday, December 7 – Section 12 (2) POCSO Act: Head Master is the guardian of the school and dutybound to inform the POCSO offence failing which action may be taken

  A former headmaster was charged under the POCSO Act for failing to report child sexual abuse. Despite not being directly involved in the abuse, he was implicated due to his negligence in not informing authorities about the incident. The court dismissed his petition to quash the charges, emphasizing the headmaster’s responsibility to protect children and report such crimes…
• Saturday, December 7 – If unnecessary adjournment seeks for cross-examination then the courts are empowered to appoint amicus for cross-examination

  Order 1. Since no order prejudicial to the interest of the respondent is being passed, the requirement of issuance of notice to the respondent is waived. 2. Though we do not find any error with the impugned order passed by the High Court as well as the Trial Court, in order to sub-serve the ends…
• Friday, December 6 – Merely witnesses are relatives of deceased is not a ground to discard the testimony

  The appellant is appealing against a life sentence conviction confirmed by the High Court for the murder of the deceased. The incident occurred after the appellant, angered by the removal of bricks, assaulted the deceased with a knife following a verbal altercation. The investigation concluded that the death was homicidal, as supported by the post-mortem report. The trial court found the appellant guilty under Section 302 of the Indian Penal Code (IPC), a decision later upheld by the High…
• Thursday, December 5 – Death penalty to acquittal: Supreme Court acquitted a death penalty accused by stating that it is shocked to see trial court imposed death penalty instead of acquitting him

  The judgment addresses the conviction and sentencing of the appellant, Ashok, who was accused of raping and murdering a ten-year-old girl in 2009. The trial court had sentenced Ashok to capital punishment, which was later commuted to life imprisonment by the High Court. The Supreme Court, upon reviewing the case, found significant procedural lapses, including the failure to provide timely and effective legal aid to the appellant and the improper recording of the appellant’s statement under…
• Tuesday, December 3 – PC Act: Sections 7, 13(1)(d)(i) and (ii): Presumption can also be drawn for smaller bribe amounts further accused has not proved that rs.2000 bribe amount was a legal fee or repayment of loan

  This judgment outlines the State’s appeal against a High Court decision that acquitted the accused under the Prevention of Corruption (PC) Act. **Overview of Allegations** The case centers on the accused, a treasury assistant, who allegedly requested a bribe to facilitate the encashment of a leave salary bill. This demand was captured on tape, leading to the registration of a First Information Report (FIR) under Sections 13(1)(d) and 13(2) of the PC Act. Subsequently, a trap was organized…
• Monday, December 2 – Courts must be loath to grant bail after trial commences

  Petition against the order granting bail pending trial-Petitioner lodged FIR against the respondent under sections 376D and 342 IPC-Co-accused was released on bail long time back-Statement under section 164 CrPC was recorded by the Magistrate-After trial started respondent-2 preferred bail application was dismissed by trial court and allowed by the Hon’ble High Court based on the discrepancies between FIR and statement recorded under section 164 Cr.P.C-Apex court heard the parties but…
• Monday, December 2 – Article: The Tamil Nadu Prohibition Act, 1937- Conundrum

  Author of this article is Thiru. S. James Raja, LLM student ( corporate governance and Industrial Jurisprudence) , Central University of Tamilnadu, Thiruvarur,…
• Sunday, December 1 – Section 483 BNSS: Bail: Magic mushrooms are natural produce and cannot be termed a mixture and their classification as narcotic drugs depends on the psilocybin content

  This is an order from the Madurai Bench of the Madras High Court regarding a bail petition filed under section 483 BNSS 2023 by the petitioner who got– arrested under the Narcotic Drugs and Psychotropic Substances Act, 1985for possession of 60 grams of magic mushrooms. The petitioner argued that magic mushrooms are not explicitly listed as a narcotic drug or psychotropic substance, and the FSL report did not specify the psilocybin content. ​ The court noted that magic mushrooms themselves…
• Saturday, November 30 – Murder case acquittal: How to appreciate Circumstantial evidence is explained

  The appeal revolves around the modification of a conviction from Section 302 of the IPC (murder) to Section 304, Part 1 (culpable homicide not amounting to murder). After an FIR was lodged regarding a dead body found in a shop’s verandah, an autopsy revealed death due to a head injury, leading to the arrest of the appellants based on suspicion. Witnesses testified that they had seen the deceased with the accused, and the trial commenced with charges under Sections 302 and 201 read with Section…
• Saturday, November 30 – Section 306 IPC: Suicide: Break ups and expressing emotions through words do not constitute instigation to commit suicide but suicides depend on the victim’s mental state

  **Appeal Against the Conviction for Offences Under Sections 417 and 306 IPC by the Hon’ble High Court** The appellant did not fulfill his promise to marry the deceased, as she ultimately took her own life. The deceased ingested poison and succumbed to her injuries in the hospital, following which she made statements (dying declarations) to witnesses. The mother of the deceased (P.W-1) filed a First Information Report (FIR) under section 306 in conjunction with 34 IPC. Subsequent to the trial,…
• Sunday, November 24 – Weekly Digest: November final’ 2024

  Section 156(3) Cr.P.C: It is erroneous if Magistrates direct the police to conduct preliminary enquiry and register the fir Prayer-Magistrate has adopted wrong procedure by directing the police to register the FIR if cognizable offence is made out-Procedure to approach Judicial Magistrate for petition under section 156(3) Cr.P.C-As per Lalitha Kumar constitutional bench Station House…
• Sunday, November 24 – How to mark confession explained: If inadmissible portions of confession are allowed in deposition, there is a significant risk that the trial courts may be influenced by it

  Appeal against the conviction rendered by Sessions court was confirmed by the Hon’ble High Court-Allegation was accused persons abducted the deceased and there after the torso with other body parts of deceases was recovered from a canal-Consideration-Evidence of eyewitness (PW-26) describing the incident as if how the deceased was abducted by seven to eight boys-Importance of dock identification and ascribing the accused roles about the incident-Since P.W.-26 material part of testimony is…
• Saturday, November 23 – Under section 195 Cr.P.C Hon’ble High Court can commence criminal proceeding

  Appeal against the quashing of order taking cognizance and further direction to take action under section 195 Cr.P.C-An Australian national was caught at the airport for having possession of packets of contraband in his underwear-Judicial Magistrate released accused personal belongings on his application-Underwear was returned to sessions court and marked as an exhibit during trial-Sessions court convicted but though Hon’ble High Court acquitted him based on the practical test conducted…
• Friday, November 22 – S. 303(2) BNS: Anticipatory Bail was filed for a bailable offence however the  Hon’ble High Court quashed the FIR

  The petitioner filed an application for anticipatory bail for the offence under section 303(2) of the BNS., 2023 regarding the theft of tyres valued at Rs. 3,000. It is the admitted prosecution case that the value of the stolen property is less than Rs. 5,000. Since the value of the stolen property is Rs. 3,000, this is classified as a non-cognizable offence. Therefore, the police should have registered the FIR only after obtaining the appropriate order from the Magistrate. The petition for…
• Thursday, November 21 – POCSO COMPROMISE QUASH: Power under section 482 Cr. P.C could not be used to quash heinous offences based on compromise which has a serious impact on society

  The judgment regarding the opening of an FIR involves a teacher who allegedly misbehaved with a child in the XI grade by patting her cheeks and touching her upper body. The Honorable High Court quashed the FIR after noting that the matter had been compromised with the child’s father.

  The appellants, who are third parties to the proceedings and reside in the same district as the accused, challenged the quashing of the FIR, arguing that it has societal implications. Their locus standi was…

• Friday, November 15 – Section 156(3) Cr.P.C: It is erroneous if Magistrates direct the police to conduct preliminary enquiry and register the fir

  Prayer-Magistrate has adopted wrong procedure by directing the police to register the FIR if cognizable offence is made out-Procedure to approach Judicial Magistrate for petition under section 156(3) Cr.P.C-As per Lalitha Kumar constitutional bench Station House Officer is duty bound to register FIR if cognizable offence is found out in the information-Application of Judicial mind is necessary-Magistrate erred in directing the police to conduct enquiry and register fir if cognizable offence is…
• Monday, November 11 – POCSO: Accused is guilty of having committed sexual assault and not of penetrative sexual assault

  Prayer-Cause of appeal-Case of prosecution-The evidences let in by the prosecution during trial-Arguments of both sides-Consideration of the appellate court-Analysis of Hon’ble Madras High court-There was no information about penetrative sexual assault or evidence-Section 3 POCSO-What is penetration is explained?-The statement of the child casts doubts as to the sexual assault committed by the appellant as alleged by the prosecution-Though there is sexual assault committed on the child no…
• Sunday, November 10 – Subject Study on Victim Rights & Compensation

  …
• Sunday, November 10 – Quash: Bald allegation as if Granddaughter compelled Grandparent to execute the deed in favour of her would not attract offence

  The appellant, who is also the complainant, filed a First Information Report (FIR) under the Indian Penal Code and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, concerning a dispute over a gift deed of immovable property. The accused party sought to have the FIR quashed before the Honorable High Court, which partially granted this request prompted the appellant to file a Special Leave Petition (SLP) before the Hon’ble Supreme Court. The appeal was focused solely on the…
• Saturday, November 9 – Hit & run cases: Closing of final reports: Mere non filing and closing of final reports under section 468 Cr.P.C is an acquittal of an offender by the police themselves without reference to the court

  Motor vehicles Act (1988)- Section 173- hit and run cases- filing of final report in time- directions passed – Sections 173(2), 468 Cr.P.C – limitation- hit and run cases- filing of final reports in time- directions…
• Friday, November 8 – Weekly Digest: November 1-8′ 2024

  Weekly Digest: November 1-8’…
• Friday, November 8 – Extra-Judicial confession: VAO is total stranger and no necessity for the accused to trust him to confess

  Prayer-Consideration-List of witnesses and their roles in the case-Deceased died of asphyxia due to drowning and the external injuries could have caused when the body was taken out of well-Witnesses hardly establish the motive-Brothers-in-law of deceased though seen the deceased with the appellants did not make any effort to complaint-P.W-1 is stranger to A3 and no necessity for A3 to trust and confess to P.W-1-Prosecution has not proved that the accused attacked the deceased with…
• Thursday, November 7 – Cognizance taken without sanction does not prevent ED to seek cognizance again after obtaining the necessary sanction

  **Factual Aspect**: This appeal addresses the quashing of a complaint filed by the Enforcement Directorate (ED) against a public servant due to the absence of the required sanction.

  **Consideration of Submissions**: In accordance with Section 197(1) of the Criminal Procedure Code (CrPC) and the Indian Penal Code (IPC), government servants can only be prosecuted with prior sanction for actions carried out in the course of their official duties.

  Several important points arise:

  1. The accused…

• Thursday, November 7 – Court Martial Murder Case: Armed Forces Tribunal: Order of acquittal enhances the presumption of innocence

  In the case at hand, the respondent was initially tried and convicted by a General Court Martial under Section 302 read with Section 149 of the Indian Penal Code (IPC); However, the Armed Forces Tribunal later acquitted the respondent. The circumstances leading to the incident involved the deceased allegedly misbehaving towards the wife of Accused No. 3, which prompted an inquiry. The deceased was transported in a gypsy vehicle during which he jumped out and fell into a ditch, resulting in…
• Thursday, November 7 – Sale is not a Contract

  The Supreme Court ruled that a minor can be a transferee of immovable property through a sale deed, as a sale is not considered a contract. The Court also affirmed that a minor’s transfer of property upon attaining majority cannot be challenged due to their previous minor…
• Tuesday, November 5 – No onerous bail conditions: Condition imposed by the Hon’ble High Court directing the accused to demolish the wall of the complainant at accused’s cost tantamount to deprivation of civil rights rather than to ensure the accused’s presence during trial

  This appeal addresses the bail condition set by the Hon’ble High Court, which mandates the removal of the complainant’s wall at the expense of the accused.

  An FIR has been registered under sections 294, 323, 506, 447, 147, 148, and 458 IPC, alleging that the appellants forcefully entered the complainant’s property by breaking down a wall and assaulting his family members.

  This is the second bail application submitted, contesting the onerous conditions imposed by the Hon’ble High…

• Tuesday, November 5 – Closure report & PMLA: Closure report filed in predicate offence deserves to be challenged to continue proceedings under PMLA hence though the ED is neither aggrieved person nor victim it may approach the High Court as ED is connected to the issue

  **Brief Facts of the Case**

  Information regarding the sale proceeds of lottery tickets led to an FIR under the IPC and PMLA. Cash was seized from A1’s house, and a statement from the stamp vendor was recorded under Section 50 of the PMLA. The case involved the fabrication of a document (stamp paper) dated prior to the government’s sale to the vendor. 

  A Single Judge of the Madras High Court quashed the proceedings against A3, which the State challenged with a Special Leave Petition (SLP)…

• Sunday, November 3 – Subject Study on Examination of Witness

  Judgments related to Cross-examination including contradiction is being…
• Wednesday, October 30 – Remission Procedure Set out: Section 432 Cr.P.C: Registration of a cognizable offence against the convict, per se, is not a ground to cancel the remission further Hon’le Supreme Court sets the standards for granting and cancelling remission

  Appeal on Legality of Remission Conditions for Life Sentence-The appellant, convicted of murder, is appealing the rejection of their parole application-Key Points-Under Section 432 of the Code of Criminal Procedure (Cr.P.C.), remission may be granted by the appropriate government, either unconditionally or with specific conditions. The power to grant remission is discretionary and considers the convict’s history-A convict does not have an automatic right to remission but has the right to have…
• Wednesday, October 30 – Reversal of acquittal: Procedure: Collusion and motive of the accused synthesizes with the medical evidence and false explanation hence reversal of acquittal is correct

  Appeal Against the Reversal of Acquittal by the Hon’ble High Court Leading to Conviction of the Accused-Prosecution Case Summary-Accused No. 2 was engaged in an illicit relationship with his aunt, Accused No. 1. Witness P.W. 1 learned that the deceased had ingested paint and subsequently found her deceased in a government mortuary. P.W. 1 then filed a written complaint with the Sub Inspector of Police. The complaint outlined troubling circumstances indicating that the deceased had been…
• Sunday, October 27 – Section 389 Cr.P.C: Condition for Suspension of Sentence: Appellate court should confirm that the condition does not make it difficult or impossible for the accused to comply

  In the context of an appeal against conviction and suspension of sentence, the Hon’ble High Court directed the accused to deposit ₹15 lakh for the suspension of the sentence. Under Section 389(1) of the Cr.P.C., it is required that the public prosecutor be given an opportunity during this process. The court noted that a directive to pay a fine is also considered a part of the sentence. According to Section 389, the appellate court has the authority to suspend both the sentence and the fine,…
• Sunday, October 27 – Appeal against acquittal: Appellate court would not scrutinize evidence once again unless there has been a total miscarriage of justice

  Appeal Against the Acquittal by the Hon’ble High Court of Madhya Pradesh. The prosecution presented 19 witnesses, while the defense called upon two witnesses. The trial court found the respondent guilty, but the Hon’ble High Court later acquitted him. Legal Considerations for Appeals Against Acquittals. When it comes to appeals against acquittals, the appellate court typically refrains from re-evaluating the evidence unless there is clear evidence of a complete miscarriage of justice. The…
• Saturday, October 26 – Second marriage by a Muslim man during the subsistence of the first marriage is an act of domestic violence and the Wife is entitled to compensation under DV Act

  If a husband contracts a second marriage during the subsistence of the first marriage, it will constitute cruelty besides being an offence of bigamy. It would obviously be considered an act of domestic violence entitling the wife to claim compensation under Section 12 of the Act. This proposition applies in the case of Muslims also. (Para 7)

  The burden is entirely on the husband to satisfy the Court that he had pronounced the talaq in the manner approved by law. It is he who must go to the…

• Friday, October 25 – Cheating: Taking possession of the truck on hire and failing to pay hire charges for months together while making false promises for its payment shows dishonest intention on the part of the accused

  Appeal against the Quashing of Taking Cognizance.
  The appellant filed an application under section 156(3) of the Code of Criminal Procedure (Cr.P.C.) for the collection of rent arrears. The Chief Judicial Magistrate (CJM) granted the application, leading to the issuance of a Non-Bailable Warrant (NBW) against the accused. The accused filed a quash petition against the NBW. While this quash petition was pending, the CJM took cognizance of the matter and issued summons to the accused. The High…
• Friday, October 25 – Subject Study On Confession

  …
• Friday, October 25 – Subject Study on Prevention Of Corruption Act 1988

  Subject Study on Prevention Of Corruption Act…
• Friday, October 25 – Order granting leave under Section 92 of CPC is a judicial order and not an administrative order and that it is amenable to revisional jurisdiction

  Order granting leave under Section 92 of CPC is a judicial order and not an administrative order and that it is amenable to revisional jurisdiction. (Para 15)

  In the case of an administrative order, the discretion would involve purely subjective consideration. If the discretion has to be exercised based on objective considerations, it would be a judicial decision (para…

• Thursday, October 24 – Subject Study On Cheating And Criminal Breach Of Trust

  Subject Study On Cheating And Criminal Breach Of…
• Wednesday, October 23 – Fortnight Digest October’ 2024

  Fortnight Digest October’…
• Wednesday, October 23 – Honour killing: Filicide: Capital punishment modified to 20 years of imprisonment for murdering accused’s own pregnant daughter for inter-caste marriage

  **Appeal Against Death Sentence**

   **Brief Facts:**The appellant murdered his daughter by strangulation due to her inter-caste marriage. A final report (charge sheet) was filed under Sections 302, 316, and 364 of the IPC, and the trial court convicted him on all charges, awarding the death penalty. The High Court confirmed this sentence.

  **Discussion and Finding:** 

  P.W.1, the appellant’s wife, testified that the murder was an honour killing. P.W.2, the complainant, provided credible…

• Tuesday, October 22 – Study on Culpable Homicide

  …
• Tuesday, October 22 – General Study On the Criminal Laws

  Posts that are important are being shared here, by going through one may get an easy understanding on the criminal…
• Sunday, October 20 – Subject Study on Default Bail under section 167(2) Cr.P.C

  Thorough Subject Study on Default/Statutory…
• Sunday, October 20 – Discharge: P.C Act: Even taking the entire material as correct the only suspicion which is the speed of sanctioning the proposal was a mere suspicion not enough to frame the charge

  The CBI filed a final report (charge sheet) under the IPC and PC Act for a loss of ₹436 crores to the bank due to the accused company. Allegations suggest the bank incurred an undue loss while the company gained. The trial court dismissed the discharge application, but the Hon’ble High Court allowed it.  The Apex Court reviewed the submissions and found no allegations against the respondent regarding the SBLC sanction. The only suspicion about the speed of the proposal’s sanction was…
• Sunday, October 20 – Section 311 Cr.P.C: Though the accused has right to keep his defence closed till cross-examination but, the accused cannot reserve a few questions for a later point of time placing reliance on section 311 crpc

  The trial court dismissed the Section 311 Cr.P.C. application as a dilatory tactic. Witnesses were extensively cross-examined, but there was no justification for their recall.  The petitioner did not disclose the intended line of cross-examination.  While the accused can keep their defense closed until cross-examination, they cannot reserve questions for a later time by recalling a witness.  Further Hon’ble Madras High Court explained the scope of Section 311 Cr.P.C and held that the…
• Saturday, October 19 – Subject Study On Section 319 Cr.P.C

  Digest on section 319 Cr.P.C: A Basic…
• Saturday, October 19 – 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

  Appeal Against the Setting Aside of Acquittal

  **Brief Facts of the Case:**

  In this case, the cross-examination of witnesses PW1, PW2, and PW3 was deferred. Following this, an application under Section 319 of the Criminal Procedure Code (Cr.P.C.) was filed by PW1. Despite being summoned, witnesses PW1, PW2, and PW3 did not appear for cross-examination. They were absent and subsequently submitted an application for adjournment.

  The trial court directed the prosecution to ensure the presence of…

• Saturday, October 12 – Further Investigation can be permitted only new facts come in trial also Hon’ble Supreme Court categorised the present case as causing delay in trial for no genuine grounds exist

  The Hon’ble High Court ordered further investigation in a case involving a hostile phone call from P.W.1. The accused recalled the call and filed a section 311 crpc to call up additional witnesses. The trial court dismissed the application, but the High Court allowed it and directed further investigation. The Supreme Court ruled that further investigation is unwarranted and referred to it as causing delay in trial due to no genuine…
• Wednesday, October 9 – Forgery case: Quashed: If in certain cases where the wrong is being settled between the parties amicably then High Court would be justified in quashing even offences that are not compoundable

  The High Court dismissed a quash petition in a case involving a group loan secured by accused no.1 and collateral security executed by accused no. 3 & 4. The case involved fake title documents, a complaint, and a charge sheet filed by the CBI. The court ruled that the charges are crimes against society. The accused appealed the compromised settlement, arguing that the continuation of criminal proceedings would be futile due to the compoundable nature of cheating offenses under Article 142 of…
• Friday, October 4 – Reversal of conviction: Though post-mortem report indicates the death was unnatural and murder cannot be ruled out but since no direct eye-witness to the incident the link of causation between the accused and offence is missing

  FIR and charge sheet was filed against seven accused for abduction and murder

  Trial court convicted 5 accused and acquitted 2 accused

  Hon’ble High Court convicted all the accused

  Discussion

  Question of law

  It is evidence that offence of murder was committed after the commission of the offence of abduction

  Prosecution relied on the four eye witnesses only

  The prosecution ought to have examined the three natural witnesses of the incident

  Witnesses presence at Sikandra Chowk at 10:00 PM…

• Friday, October 4 – Reversal of acquittal: Any person can be an informant of a case, and the police may also register a case on their own further accused must explain what prejudice he got in delay in forwarding the fir to the magistrate

  The Prosecution Case and analysis

  The post-mortem report established the homicidal death. There were eleven eye-witnesses. The court depositions and analysis of evidence were considered. The apex court agrees with the reasoning given by the High Court for disbelieving P.W.42. P.W-1 did not describe the hospital room. Any person can be an informant of a case, and the police may also register a case on their own. Evidence can be relied upon, especially when the substratum of the prosecution case…

• Thursday, October 3 – PMLA case: Formal arrest: If a person is already in judicial custody in connection with another case, can be formally arrested in respect of investigation of the subsequent case and section 19(3) PMLA is not bar

  Violation of Section 19(3) PMLA –Petitioner not found- within 24hrs – Impugned order null and void –ED found guilty-PT warrant issued-Central jail no.4 Tihar – Inability to produce-in Judicial custody- NDPS case- not come into physical custody-Accused in judicial custody-not necessary for production of accused-Within 24hrs- not violation u/s 19 of PMLA & 167 of Cr,P.C-criminal original petition devoid of merits-dismissed-miscellaneous petition…
• Thursday, October 3 – Section 307 IPC: Attempt to commit murder: Intention may be inferred from the facts and circumstances of the case and in this case doctor’s opinion is enough

  Appeal against the Judgment of the Honorable High Court Confirming the Acquittal.

  Background Facts and Procedural History:

  The appellant was abused and beaten into unconsciousness when he was appointed as the chairman of the waqf board. After being discharged from the hospital, a First Information Report (FIR) was lodged under sections 294, 323, and 506 of the 34 IPC. The charges were framed under Sections 294, 332/34, and 307/34 IPC.

  Consideration by the Supreme Court:

  Section 307 IPC was…

• Tuesday, September 24 – Judgment: Court cannot convict one accused and acquit the other for the similar or identical evidence in a case

  Appellant against the conviction on Passport Act and IPC-Appellant had wrongfully and illegally facilitated and obtained a second passport for accused no.1-Discussion And Finding-Conviction based on three witnesses-For lack of direct evidence accused 3 and 4 were acquitted-Court cannot convict one accused and acquit the other for the similar or identical evidence in a case-Section 12(2) of Passports Act-Prosecution failed to prove that the appellant had knowingly furnished false information to…
• Sunday, September 22 – A brief study of default bail under section 187 (3) BNSS (Old 167(2) Cr.P.C)

  A brief study of default bail under section 187 (3) BNSS (Old 167(2)…
• Saturday, September 21 – Dowry death: Demand is for celebrating birth of male child and not for marriage further difference between admissibility and acceptability/reliability is explained

  Appeal against reduction of sentence by the Hon’ble High Court for sections 304B and 498A IPC-Death of deceased was due to burn injuries by pressurised her for inability to meet the demand of dowry-Trial-Section 313 Cr.P.C-Defense witness and story of body of the deceased was lying outside the shutter in the burnt condition-Trial court and High Court convicted appellants-Facts not serious in dispute-What ingredients constitute Dowry death-Presumption under section113B is to raised if all the…
• Saturday, September 21 – Culpable homicide not amounting to murder: Accused was a young man and was overcome by emotion which led him to physical attack of the deceased further there was only a stab wound on the stomach

  Appeal against the sentence modified by the High Court-Injury was anti-mortem and was caused by a sharp weapon-Investigation Officer cross-Conviction and modification-Accused was a young man and was overcome by emotion which led him to physical attack of the deceased further there was only a stab wound on the stomach-Hon’ble Apex court accepted the view taken by the High Court-Conviction altered into the sentence period of incarceration already undergone by the…
• Friday, September 20 – Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 requires legal decision by the Appropriate Authority to search

  Factual aspects-Allegation against the appellant is that she is involved in medical termination of pregnancy-Decoy operation was done-FIR was registered and complaint was filed before the CJM-Quash petition was dismissed by the Hon’ble High Court-Consideration of submissions-Laws in relation with the fact in issue-Procedure for cognizance-Power to search and seize records-Condition precedent for search of a clinic-Safeguard under Section 30-Reason to believe-No legal decision was made by the…
• Tuesday, September 10 – Anticipatory Bail in different case: An accused who is in custody in different case has to obtain Anticipatory Bail before he is formally arrested by the police under P.T warrant in another case

  Question of law: Whether A.B petition is maintainable if the accused is already in judicial custody in another case-Facts-Submissions on behalf of the appellant-Submissions on behalf of the respondent no. 1 (original accused)-Analysis -Evolution of the concept of anticipatory bail-Objects and reasons for introducing section 438 Cr.P.C-Anticipatory bail is not a constitutional or fundamental right-Principles of law regarding Grant of Anticipatory Bail as per Gurbaksh Singh Sibbia’s…
• Monday, September 9 – Stridhana Property: Section 406 IPC: Stidhana Property complaint can be filed only by the wife or by the power of attorney executed by her

  The appellant has filed an appeal against the dismissal of a quash order. A woman has absolute rights over stridhan property. The court followed the precedent set by Pratibha Rani’s case. After a divorce, the former wife did not authorize her father to initiate proceedings to recover her stridhan, which exclusively belongs to her. There was no power of attorney executed by the complainant’s daughter. An FIR was registered under section 406 IPC. There is no proof on record to show that the…
• Sunday, September 8 – Section 45(1) PMLA: Bail: Special benefit for woman and when denying such benefit court is required to give specific reasons for denial

  Appeal against the dismissal of bail-Custody is not required since Final report and complaint were filed-Since 493 witnesses and documents are 50000 pages the likelihood of trial concluded in near future is impossible-Bail is the rule and refusal is an exception is well-established principle-Section 45(1) PMLA: special treatment for woman-A woman may not be automatically entitled to benefit of section 45 PMLA it depends upon the facts and circumstances of each case-When denying a benefit under…
• Saturday, September 7 – NDPS Act: Accused statement under section 67 NDPS was relied by the Trial and High Courts but inadmissible in evidence

  Case involves illegal sale of pentazocine injections under the NDPS Act-Appeal made against conviction under sections 22 (c) and 29 of the NDPS Act-Section 22 is applicable if there is contravention of commercial quantity of the substance-The appellant was not accused of transporting the contraband, only the consignment booked by accused no.1-The accused claims to have been involved in the medical field business-The accused’s statement under section 67 of the NDPS Act was considered by the…
• Friday, September 6 – Cheating & Criminal Breach of Trust: If there is no entrustment of property criminal breach of trust would not arise but cheating may attract [Directions to police and magistrates to examine contents if complaint involved cheating or criminal breach of trust]

  The case involves an appeal against the dismissal of a petition to quash. The respondent has filed a complaint under sections 406 & 420 IPC, alleging that the accused failed to make a payment, which constitutes cheating. The initial cognizance was taken and postponed to section 202 of the CrPC. The magistrate recorded a statement under section 202 of the CrPC and subsequently summoned the accused under section 406 IPC. The quash and dismissal were sought on the grounds that the company had…
• Sunday, September 1 – In economic offences affecting large number of people court may impose strict and additional conditions for bail and Anticipatory bail

  Appeal against the order releasing the accused on bail by the Hon’ble High Court-Brief Facts-Allegation is deposit amount of 29 crores not returned to 798 depositors-Prosecution projects respondent no.1 as mastermind-Respondent no.1 was arrested and released by the Hon’ble High Court on bail-Analysis reasoning and conclusion-Relevant factors to consider while granting bail-High Court observed that no materials to establish conspiracy for respondent no.1-Material shows the involvement of…
• Saturday, August 31 – Section 216 CrPC does not give any right to the accused to file a fresh application seeking his discharge after the charge is framed and also no revision lie inasmuch as it is an interlocutory order

  An appeal was made against the order of the Honorable Madras High Court, which allowed a revision petition to set aside the framing of charges in the case of the AIADMK Dharmapuri election nomination party clash. The discharge application was dismissed both in the trial court and before the Honorable High Court. After the charges were framed, a petition was filed by the accused under Section 216 of the CrPC, which was dismissed by the trial court. However, the revision before the Honorable High…
• Friday, August 30 – Cognizance: To take cognizance under section 186 IPC procedure under section 195(1)(a)(i) of the Cr.P.C shall be followed

  This is an appeal against the judgment of the Hon’ble High Court that confirmed the conviction of section 353 IPC. Initially, the appellant was charged, along with his wife, including PC Act charges. However, the appellant’s wife was acquitted of all charges, while the appellant was convicted only under section 353 IPC. The appellant, in collaboration with his wife, exerted criminal force on the trap team while they were performing their public duty. Section 353 IPC, Section 350 IPC…
• Wednesday, August 28 – Section 193 IPC: Affidavit: Since no malafide intention is in the statement mere suspicion or inaccurate statement in the affidavit does not attract the offence of perjury

  Appeal against the dismissal of bail cancellation application-Direction of the Hon’ble High Court to file complaint against the appellant for filing false affidavit-Based on the order of the High Court complaint under section 193 IPC preferred before CJM-Appellant argued that mere denial of averments in the pleadings would not constitute offence of perjury-Question of law: Whether the contents of the affidavit constitutes offence of perjury?-Section 191 IPC-Section 193 IPC-Section 195(b)(1)…
• Tuesday, August 27 – Forgery: Who is the culprit [appellant or respondent] shall be decided only during the trial and using inherent powers under section 482 Cr.P.C and Apex Court advised Two wrongs do not make a right

  Brief facts-Final report filed as lack of evidence Magistrate directed further investigation again final report filed for same reason hence magistrate summoned the accused-Analysis-Hon’ble High Court observed that the appellant ha manipulated the documents by altering the experience certificate-Respondent is the one who was successful in obtaining the tender on the basis of fabricated documents and the ultimate beneficiary-Respondent No.2 completed the work and got paid by the…
• Tuesday, August 27 – Murder case quashed: Husband tried to molest own daughter in the course of saving daughter mother killed husband therefore offence falls under ‘General Exception’

  The petitioner acted in self-defense against her husband who tried to rape her own daughter due to drunken state. Petitioner has taken the defence that the final report filed under section 302 IPC is incorrect due to private defence. The mother committed the offense only to protect her daughter’s honour. This falls under General Exceptions: Chapter IV of IPC: Section 97 IPC. The murder case has been…
• Monday, August 26 – POCSO: Penetration not proved: Since the victim’s evidence does not establish that there was penetrative sexual assault the accused was convicted under 9(m) of the POCSO Act, which is punishable under Section 10 of the POCSO Act

  Criminal Appeal against the conviction under POCSO Act-Accused called the neighbour child and commit sexual assault on her-After the occurrence when the victim crying in her house, PW1 came to know about the incident and registered an FIR-Final report was filed under section 4 of POCSO Act and Section 366 of IPC-Charges framed and the accused pleaded not guilty-Trial and conviction-Appellant Side Contention-Respondents Side Contention-Contention from PW1- PW21-Delay in lodging the FIR is not…
• Monday, August 26 – I.O has the power to delete accused persons in the final report but I.O is expected to serve a notice upon the complainant

  Prayer to expedite the application-Petition for further investigation and amend the charge-I.O has to inform the informant if the I.O is deleting an accused from the final report-I.O has the power to delete accused persons in the final report but I.O is expected to serve a notice upon the complainant-Petition allowed to follow Bahgwant Singh vs. Commissioner of…
• Saturday, August 24 – Section 138 N.I Act: Closure of the bank accounts within a few weeks of issuance of the cheque raises serious questions about the conduct and intent of the respondent

  Subject: Appeal against the judgment of the Honorable High Court.

  Brief Facts:

  The trial and sentencing related to Section 391 of the Cr.P.C and the defense witness. The Honorable High Court acquitted the accused.

  Analysis, Reasoning, and Conclusion:

  During the trial, the accused claimed that there were no loan transactions between the parties. However, in the Appellate court he presented receipts indicating the repayment of the loan. Additionally, the closure of the bank accounts shortly…

• Friday, August 23 – The word ‘APPLICATION’ under Section 531 (2) (a) BNSS 2023: My view

  ‘APPLICATION’ under Section 531 (2)(a )BNSS…
• Thursday, August 22 – Murder: Section 304 II IPC: No evidence show that the appellant has taken undue advantage or acted in cruel or unusual manner

  The appeal against the conviction was confirmed by the Hon’ble High Court. The case of the prosecution involved investigation and framing of charges, with no evidence on the side of the accused but relied on documentary evidence. The conclusion of the trial found the accused guilty under section 302 IPC. The Hon’ble High Court dismissed the appeal. Appellant preferred appeal before the Apex court. It was found that there was a single blow on the deceased and also the accused got assaulted…
• Thursday, August 22 – Guidelines issued on Prevention of violence against medical professionals and providing safe working conditions

  Guidelines issued on Prevention of violence against medical professionals and providing safe working…
• Tuesday, August 20 – Conditions on AB: No impossible and Impracticable conditions shall be imposed while granting Anticipatory bail

  Onerous Pre-Arrest bail conditions and Legal maxim-Pre-Arrest bail was granted in complaint case-Judgments cited-No impossible and impracticable conditions shall be imposed-Conditions set out in the Hon’ble High Court order is set…
• Friday, August 9 – Evidentiary value of fir: First version of the incident narrated by police witness has to be treated as fir and the subsequent information lodged by the informant is hit under section 162 Cr.P.C

  Appeal against the dismissal of appeal in section 302 IPC case-Brief facts-Registration of FIR-Cause of death was due to shock of multiple injuries all over the body-Final report filed under sections 302, 323 and 120B IPC-Trial-Conviction and dismissal of appeal by the Hon’ble High Court-Police constable shown as independent witness-Police witness admitted that someone told him about the incident-Police witness did not inform that the informant was present at the soc-Police constable evidence…
• Friday, August 9 – Subject Study on POCSO Act 2012

  POCSO subject wise
  digest…
• Tuesday, August 6 – Burden of proof: Section 106 IEA: Unless the prosecution has proved the initial burden the accused need not invoke section 106 Indian Evidence Act

  Appeal against the conviction of section 302 IPC-Prosecution case is based on last seen together theory-Consideration of submissions-Public Prosecutor did not confront the hostile witness with her statement under section 161 Cr.P.C-Deceased (wife) died at 5 p.m and the husband came home by 7 p.m thus no need to invoke section 106 Evidence Act-Prosecution has failed to prove the las seen together-Accused…
• Monday, August 5 – Section 141 N.I Act: Unless assertions are made, vicarious liability of the Directors of the first accused company is not attracted

  Section 141 N.I Act: Unless assertions are made, vicarious liability of the Directors of the first accused company is not…
• Friday, August 2 – Interim Compensation (section 143A N.I Act): Broader interpretation that Authorized signatory is accountable for sections 143A and 148 N.I Act would lead to unjust liability and not supported by the statute

  Appeal against the order of interim payment-Contract between appellant company and Cane Agro Enerty (India) Ltd-Respondent issued two cheques to the appellant which were signed by the chairman of cane-Cheques have presented and were dishonoured subsequently complaint was filed-Petition filed under section 258 Cr.P.C was partly allowed by the Judicial magistrate-Proceedings against the company was withheld due to moratorium is operative as per section 14 IBC-Judicial Magistrate directed Interim…
• Tuesday, July 30 – Under Section 307 IPC (first part) court cannot be sentenced to undergo imprisonment beyond the period of ten years

  Appeal against the concurrent conviction under section 307 r/w 34 IPC-Appeal is confined only to the question on sentence-Life imprisonment may be imposed only when the offender is already committed…
• Thursday, July 25 – High Court or Sessions court should be very slow in granting stay of order granting bail and should not grant exparte stay of the order granting bail

  High Court or Sessions court should be very slow in granting stay of order granting bail and should not grant exparte stay of the order granting…
• Wednesday, July 24 – Withdrawal of prosecution: Section 321 Cr.P.C: Prosecution cannot withdraw a Murder case and the court cannot allow by saying that the accused has a good public image

  Withdrawal of prosecution: Section 321 Cr.P.C: Prosecution cannot withdraw a Murder case and the court cannot allow by saying that the accused has a good public…
• Sunday, July 21 – Discharge Petition: Section 227 Cr.P.C: Courts must refrain from considering the grounds referring the case of the accused in discharge petition

  The appeal is against the High Court’s decision which upholds the dismissal of a discharge petition. The case pertains to the snatching of sales collections at gunpoint, leading to the filing of an FIR for robbery. After the initial closure of the case, further investigation led to the filing of a second charge sheet and the rejection of a discharge petition. It’s important to note that the scope of the discharge petition should only consider the materials produced by the prosecution, not the…
• Monday, July 15 – Muslim women maintenance: Section 125 Cr.P.C applies to all Muslim married and non-Muslim divorced women

  Muslim women maintenance: Section 125 Cr.P.C applies to all Muslim married and non-Muslim divorced…
• Sunday, July 14 – Section 306 IPC: There must be either an instigation or an engagement or intentional aid to ‘doing of a thing’ and based on that accused must have encouraged the person to commit suicide

  Appeal against the order dismissing the revision petition against the discharge petition dismissed by the Trial court-Facts of the case are summarised as follows-Trial court and Hon’ble High Court have rejected the discharge petitions-There must be either an instigation, or an engagement or intentional aid to ‘doing of a thing’ and based on that accused must have encouraged the person to commit…
• Saturday, July 13 – Murder intention confirmed: If the accused has no intention, then he could not have gone into his house and brought billhook to assault the accused

  Factual aspects-Due to the altercation on paying electricity charges appellant attacked with the billhook which resulted to the death of the deceased-Trial court convicted the appellant under section 302 IPC and the Hon’ble High-Court dismissed all the appeals-Eye-witnesses inspires confidence-If the accused has no intention, then he could not have gone into his house and brought billhook to assault the accused- Conviction…
• Friday, July 12 – Mr. Arvind Kejriwal Interim Bail: Framing the questions of law on the arrest Hon’ble Supreme Court has referred to a larger bench further granted Interim bail to Kejriwal with the condition not to visit the CM office

  Mr. Arvind Kejriwal has filed an appeal against the rejection of the writ petition questioning the validity of section 19 of the Prevention of Money Laundering Act (PMLA). It is important to note that Kejriwal is not considered an accused until the charge sheets (including two supplementary charge sheets) have been filed by the CBI and cognizance has been taken by the special court regarding the allegations related to the excise policy for the sale of liquor in Delhi.

  The Directorate of…

• Wednesday, July 10 – Investigation officer cannot release the case property without any court’s order also currency recovered was not produced before the court and the court convicted without the case property

  Appeal against the Hon’ble High Court confirming the conviction-Secret information regarding gang indulged in demanding ransom from parents after kidnapping the children-Kidnapping story-Further sections of IPC were added to the case-Disclosure statement of accused and based on that amount recovered-Charge sheet was filed against seven accused under sections 364A, 392 and 120B IPC-Trial-Conviction and rejection of appeal by the Hon’ble High Court-Neither the victim of kidnapping nor his…
• Wednesday, July 10 – Hostile witness contradiction: Public Prosecutor has to confront relevant portions to the witness and contradict as required by section 145 IEA

  Appeal against the judgment of Hon’ble High Court confirming the life sentence-Facts: Appellant put the deceased head inside the pond water and suffocated her (deceased) to death-Case is based on Extra-judicial confession and analysing of the same shows there is no bodily injuries on the deceased militates against the prosecution case-PW-9 Doctor evidence stated that the collected pond water though sent to the laboratory returned untested showing the cause of death was established in…
• Tuesday, July 9 – Defer petition: If the defer petition was allowed then the cross-examination shall be conducted on the same day or the following day

  Appeal against confirming conviction-Police guard executed the murder inside the police station-Illicit relationship is the motive of murder-FIR was registered under sections 302 & 307 IPC-Charge sheet, Trial and conviction-Self-defence taken by the appellant-PW-2 is the eye-witness, complainant and the head constable of the station and has corroborated the version of the prosecution in every angle-Giving long adjournment after allowing the defer petition may affect the fairness of the trial…
• Wednesday, July 3 – Maintenance: Since the petitioner met with an accident the delay in compliance order is condoned

  Prayer-Crux of the case-Contention by the Petitioner-Contention by the…
• Monday, July 1 – There is no bar to release the accused in default bail though his previous bail was cancelled under section 439(2) Cr.P.C

  Prayer to cancel the bail-Crux of the case-Petitioner side Contention-Respondent side contentions-Relied with supreme court Judgment. Authors…
• Monday, July 1 – POCSO: Joint compromise accepted by the Hon’ble High Court since the accused married the victim

  Prayer-Crux of the case: Defacto complainant registered the FIR under sections POCSO and 315 IPC-Joint Compromise memo-Though it is not a general rule but minding 6 months minor child’s life Hon’ble High court exercising inherent power-Hon’ble High Court quashed POCSO…
• Saturday, June 29 – Culpable homicide not amounting to murder: The nature of the injury itself is enough to find out the intention or knowledge of the accused

  The appellant stabbed the deceased with a knife because the deceased was spreading false rumors about his wife. The final report was filed under section 302 IPC. The appellant pleaded not guilty to the charge framing against him. After the trial appellant was convicted under section 302 IPC. The appellant then filed the present appeal.

  The appeal was considered and analyzed by the Hon’ble Madras High Court. The defense did not cross-examine to suggest that the doctor’s opinion was erroneous….

• Thursday, June 27 – Quash: Cheating: Since the complainant’s filing of the FIR appears to be an attempt to misuse criminal law accused acquitted

  Appeal against the judgment of the Hon’ble Madras High Court. Appeal against the judgment of the Hon’ble Madras High Court in the matter of the alleged benami land transactions.

  The complainant, being a public servant, purchased lands in the names of other persons while providing partial funding. The accused later transferred part of the land and its profits to the complainant.

  Definition of Benami Transaction: A benami transaction refers to a situation where property is held by one…

• Wednesday, June 26 – Dr.Subbiah Case: Death Penalty To Acquittal – A Journey

  Common Judgment – Case of the Prosecution – Dr. Subbaiah was attacked with a sickle and the case was registered initially u/s 307 IPC and altered to section 302 IPC – Enmity is the cause of the murder – CCTC plays an important role – DVR from which the CCTV footage recorded was not available and identified as scrapped – Final report filed against all the accused – Copies and charges – Trial – It was argued that the Additional Sessions Judge was not empowered to record statement for pardon -…
• Friday, June 14 – POCSO: Delay in lodging the FIR is not fatal to the prosecution case

  Appellant/accused committed penetrative sexual assault upon the victim child – Victim’s mother lodged a complaint. – FIR has been registered by the respondent police- under sections  5(m) punishable u/s 6 of the POCSO. After the Trial accused was convicted and sentenced to undergo rigorous imprisonment for 20 years and to pay a fine of Rs.5,000/-. The trial Court without considering any evidence found guilty – Only on sympathy, convicted the accused – The contradictions relied on by the…
• Thursday, June 13 – Madras High Court settled that Confession could be used in favour of the accused to reduce the sentence (Is Sudalaimani overruled?)

  Summary of the Legal Proceedings:

  A case of murder was registered against the husband (accused) for killing his wife on suspicion of infidelity. The final report was filed for the murder, copies were provided, and charges were framed. After the trial the accused was convicted of murder and sentenced to life imprisonment.

  The accused/appellant preferred an appeal against the sentence imposed on him. During the appeal, a conflict between Mottai Thevan’s case and Sudalaimani’s case was…

• Friday, June 7 – Quash: From the statement of victim boy itself reveals that he was reprimanded by the petitioner for watching and commenting girls karate training

  Prayer to quash the STC: The petitioner allegedly assaulted the complainant’s son with a neem stick. However, the records indicate no injury on the boy, and the boy’s statement revealed that he was reprimanded by the petitioner for inappropriate behavior. The court is convinced that the accused reprimanded the boy for making inappropriate comments while watching the girls’ karate…
• Tuesday, June 4 – Bail in UAPA: Discarding the Final report as reliable or inadmissible in evidence at the stage of considering bail application is not permissible and the courts have to consider only the allegations are prima facie true or not

  An FIR has been registered against the members of the PFI for offenses under UAPA (Unlawful Activities Prevention Act) and IPC (Indian Penal Code). The bail was dismissed after a prima facie case was established by the special court. The Hon’ble Madras High Court has granted bail to the appellant. The Union of India (UOI) has filed an appeal against the bail order after a charge sheet was filed. Apex court has explained the importance of understanding the difference between considering the…
• Sunday, June 2 – Section 395 IPC: Dacoity: Since there is no minimum sentence prescribed under section 395 IPC sentence reduced to already undergone

  The appellant has accepted the conviction and is appealing only the length of the sentence to be reduced. The appellant has served seven out of the ten years of imprisonment and on bail by obtaining a suspension of sentence from the Apex court. The Hon’ble Supreme Court has agreed to reduce the sentence for the offence of dacoity. As there is no minimum sentence prescribed under section 395 IPC except may extend to ten years, the sentence has been reduced to the time already…
• Saturday, June 1 – Dying declaration: Though there are inconsistencies and improvements in the witnesses statements dying declaration corroborated with medical evidence has proved the guilt of the accused

  The appellant is appealing against the High Court of Bombay’s decision to uphold a life imprisonment sentence.
  Case Background:
  The case involves a husband who allegedly poured kerosene on the deceased and set her on fire. The police registered an FIR based on the victim’s dying declaration. Subsequently, another dying declaration was recorded by a special executive magistrate two days later. The investigation was concluded, and a charge sheet was filed. During the trial, the defense presented…
• Tuesday, May 28 – Section 304A IPC: Awarding sentence under section 304 A IPC is not mandatory

  After the compensation settled down between the deceased family and the accused, the deceased family informed that the court may show lenient view on the appellant and hence the Hon’ble Supreme court has set aside the sentence by already undergone and released the appellant….
• Sunday, May 26 – Ratio decidendi: Failing to inform the accused of the grounds of arrest, denying the opportunity to defend through counsel, and failing to provide information about the proposed remand is unconstitutional

  A case has been registered under the Unlawful Activities (Prevention) Act, 1967. The contention is that the arrest memo does not contain the grounds of arrest. There is no significant difference between section 19(1) of the Prevention of Money Laundering Act (PMLA) and section 43B(1) of the Unlawful Activities (Prevention) Act (UAPA). Both the PMLA and the UAPA find their source in the constitutional safeguard provided under Article 22(1) of the Constitution of India. Section 167 of the…
• Monday, May 20 – Bigamy: section 494 IPC: Only the spouse can be charged for the offense under section 494 IPC and not their relatives and friends

  An appeal has been made against the dismissal of the order to quash the charges for the offenses under sections 494 r/w 34 IPC. Summary of the case is only the spouse can be charged for the offense under section 494 IPC. The appellants were accused under section 34 IPC for allegedly having the common intention to commit the offense under section 494 IPC. The evidence before the charges were filed did not support the involvement of the accused in having a common intention. The proceedings were…
• Monday, May 20 – Section 156(3) Cr.P.C: Magistrates can direct Preliminary inquiry under section 156 (3) crpc and ask for action taken report from the station house officer (SHO)

  Appeal-Petition filed under section 156(3) crpc-Points for consideration-Amendments made for SC/ST amendment Act 2018-Discretion and Jurisdiction under section 156(3) crpc-Investigation agency can conduct preliminary inquiry even after direction under section 156(3) Cr.P.C-If vague allegation in the complaint then no direction for registration of FIR-Learned Metropolitan Magistrate is justified in ordering a preliminary inquiry and ask for action taken report from the police…
• Friday, May 17 – PMLA & Section 88 Cr.P.C: An order accepting bonds under section 88 Cr.P.C from the accused does not amount to a grant of bail – A detailed discussion on Arrest, Summons, Warrant, Bail and Bond under section 88 Cr.P.C in complaint cases (particularly ED cases)

  In the context of PMLA, Section 44(1)(b) enables the special court to issue process under the CrPC, governed by Sections 200 to 204 of the CrPC. The court can issue summons at the first instance and, if the accused fails to appear, can issue a warrant to secure their presence. Notably, Section 437 of the CrPC does not apply in PMLA cases, as the special court constituted under the PMLA is a sessions court. Furthermore, the accused’s appearance on summons in a complaint case does not amount to…
• Thursday, May 16 – Section 313 Cr.P.C: Rape case: The stand taken by the accused that they have paid money for sexual intercourse was not put in the cross-examination of victim

  The case involves a challenge against the judgment of the High Court of H.P for the offences under section 376(f)(g) of the Indian Penal Code (IPC). The trial court initially acquitted the accused of sexual intercourse with consent, but the Hon’ble High Court remanded the case for retrial on the charge of gang rape. After the retrial, the trial court again acquitted all the accused, but the Hon’ble High Court subsequently converted the acquittal into a conviction. After the consideration of…
• Thursday, May 16 – Quash: Delay in lodging fir without date and time affects the case

  Appeal against the dismissal order of quashing charge sheet. No one appeared for the complainant. The complainant is not sure about the date of the incident and the damage. No prima facie allegation is levelled to make out a case under section 294 IPC. There is a 39-day delay in lodging the FIR, which does not indicate the date or time. The case was quashed by invoking Article 142 of the Constitution of…
• Sunday, May 12 – The statement of the complainant recorded in the abscondence proceedings is a substantive piece of evidence as per section 299 Cr.P.C read with section 33 of IEA

  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 trial court also treated the confession note as an admission. However, the High Court rejected the appeal by holding the confession note as proof…
• Friday, May 10 – NDPS Act: Confession statement: Statement recorded under section 67 of NDPS Act is hit under Article 20(3) of the Constitution of India

  Appeal pertains to a challenge against the confirmation of conviction under the NDPS Act by the Hon’ble High Court. The case was based on secret information and a secret informer. The appellant was charged, tried, and convicted, and their appeal was rejected by the High Court. During the search and seizure procedure, an independent panch witness was associated because the serving panch witness was employed in the Income Tax department. It should be noted that Section 43 of the NDPS Act only…
• Thursday, May 9 – Contradictions & Omissions: What are contradictions and omissions and how to cross (contradict) the witnesses with their previous statement has been explained

  Challenge against Conviction for Culpable Homicide Amounting to Murder. I am writing to bring your attention to certain aspects that need to be considered while challenging the confirmation of conviction of life sentence for culpable homicide amounting to murder.

  The following are some observations and suggestions that I hope will assist in your cases:

  Regarding the factual aspect, it is important to note that the confirmation of conviction can be challenged under section 141 IPC of the law….

• Thursday, May 9 – History sheet: Except the accused and co-accused history sheet does not contain juvenile and other innocent names further directed all the State to amend in their Police Standing Orders

  A challenge has been made against the dismissal of a prayer for quashing the history sheet that was opened against the appellant. This history sheet contains the personal details of the appellant’s family members including a minor. However, it has been observed that the amending Standing order does not state that minor relatives should be recorded in the history sheet. Additionally, it has been found that Section 74 of the Juvenile Justice Act, 2015 has not been followed. As a result, the…
• Thursday, May 9 – Hostile & won over: Since there is a long gap between the Chief and cross-examination it appears that the witnesses were won over and confirmed the conviction

  A case involving an appeal against conviction under sections 376(2)(g) and 506 (1) IPC, for gang rape. The case involved an investigation that led to a trial and conviction, which was confirmed by the Hon’ble Madras High Court. However, during the trial, the main witnesses, including the prosecutrix, turned hostile in cross-examination. Apex court has observed that the evidence of a prosecution witness could not be rejected entirely based on the fact that the prosecution treated them as…
• Thursday, May 9 – Murder case: Conviction: Nothing elicited in cross-examination regarding the presence of the eye-witnesses

  A challenge has been made against the judgment of the Honorable High Court, which confirmed the Trial Court’s decision regarding the conviction and sentence for the murders of Kaptan Singh and Kalyan Singh. Although the Trial Court acquitted the accused of the charge of murdering Kalyan Singh, they were convicted for the murder of Kaptan Singh. The accused’s prayer for remission is not being considered. Their cross-examination did not reveal any useful information and trivial contradictions…
• Wednesday, May 8 – Murder case: Acquittal: The witnesses are totally unbelievable as such they informed as if accused have climbed into the chaubara which has no gate through a ladder and caused fatal injuries to the deceased who was sleeping in the open space

  The case involves the conviction of an accused individual under sections 302 & 307 IPC after the filing of closure reports by two Investigating Officers thereafter the accused was arrested and charged with the offense. Later on during the trial led to the filing of an application under section 319 crpc, which allowed an additional accused to be added and a fresh charge under section 34 IPC to be framed.
  During the trial, the appellant was convicted, while the additional accused was acquitted….
• Wednesday, May 8 – Murder case: Acquittal: Though homicidal death is not disputed accused has successfully disproved the Extra-judicial confession through defence witness

  The appellant was suspected of believing that the deceased had an illicit relationship with his wife and hence appellant killed the deceased. An FIR was registered, and there was an extra-judicial confession. During the trial and after the questioning under section 313 cr.p.c accused has presented and examined one defense witness on his side to disprove the extra-judicial confession.

  The conviction was made based on the evidence and submissions presented. The homicidal death was not disputed,…

• Wednesday, May 8 – 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

  There is a challenge against a conviction made under section 302 IPC before the Hon’ble Supreme Court. The prosecution’s case involves the accused inflicting stab wounds during an altercation to his wife (who is the deceased). The investigation has been completed, the charges have been framed, and the trial has taken place, after section. 313 (b) crpc questioning the Trial court convicted the accused. Analysing the same the Hon’ble Supreme court has held the following:
  The initial burden of…
• Friday, May 3 – Bigamy: Section 494 IPC: The bride has shown a fake divorce judgment to her husband amounts to cheating

  The appellant is appealing against the quashing of a summoning order issued by an Additional Sessions Judge. The appellant learned about his wife’s previous marriage was not annulled and hence has filed a complaint. Upon preliminary evidence, the Magistrate issued a process against the wife. The wife filed a revision petition, and the Sessions Court set aside sections 420 and 120B of the Indian Penal Code (IPC). The appellant challenged this decision before the High Court, but it was dismissed….
• Monday, April 29 – Murder case: Sentence reduced: The doctor did not express an opinion that the single injury caused death in the ordinary course of nature

  The appellant had appealed against the High Court’s judgment that confirmed the conviction under section 302 IPC. The case’s background and trial led to the appellant’s conviction under section 302 IPC. The Hon’ble Supreme Court issued a limited notice regarding the reduction of the sentence. Upon examining the statement of P.W-2, it became clear that the appellant had no intention of hurting the deceased. The deceased sustained injuries due to a fall on the ground. The accused was aware that…
• Monday, April 29 – PC Act: FIR quash: High Court would not have entered into the observation that there is no direct evidence for the demand for bribe

  An appeal was made against the quashing of an FIR (First Information Report) for the offence under PC Act. The allegation was of demand for a bribe. The Hon’ble High Court quashed the FIR, stating that there was no direct evidence for the demand of a bribe. However, the fact is that the police inspector assured that they would file a charge sheet for money. The Hon’ble High Court did not consider this fact and entered into an inquiry which is unwarranted at this stage, holding that there is…
• Saturday, April 27 – Murder case: Since there is no premeditation to murder the deceased sentence reduced to exception 4 of section 300 IPC

  Appeal against the conviction being confirmed by the High Court for murder case-Conclusion of trial and conviction-Appeal dismissed in the High court-No premeditation reveal from the testimony of witnesses-Accused did not take any undue advantage or acted cruel or unusual…
• Saturday, April 27 – Murder case: Reduction of sentence using the confession of the accused in favour of her

  Appeal against conviction under section 302 IPC – Killing husband by strangulation resulted in section 302 IPC – Registration of FIR – Appellant’s Side Submission – Respondent’s Side Submission – Confession Statement given to the VAO – Post-mortem Report – Conclusion And Order of this Court –…
• Thursday, April 25 – PMLA & PC Act: Prosecuting the person accused of an offence under Section 13(1)(e) of the PC Act as well as for an offence under Section 3 of PMLA would not amount to double jeopardy

  Prayer – Crux of the case – Trial court’s order – Petitioner’s Side Submission -Respondent’s Side Submission – Criminal Revision Case – Criminal Original Petition – Observation of this Court – Section 44 PMLA is exception to section 190 Cr.P.C – Since there is no committal proceedings and hence section 202 (2) Cr.P.C does not arise – Procedure: Since there is no committal proceedings and hence section 202 (2) Cr.P.C does not…
• Monday, April 22 – 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

  The appellants were convicted for the offence of murder. The trial court acquitted a1, a2, and a3 but convicted a4, a5, and a6. However, the Hon’ble High Court of Karnataka reversed the acquittal of a1, a2, and a3 and confirmed the conviction of the other accused.

  The Hon’ble Supreme Court discussed its previous judgments and explained the four principles to reverse the acquittal. Findings are necessary to reverse the acquittal. The Hon’ble High Court did not follow the settled principles in…

• Sunday, April 21 – Section 27 IEA: I.O did not narrate the exact words spoken by the accused while making a disclosure statement

  The Hon’ble High Court of Madhya Pradesh dismissed an appeal related to a case of robbery and assault. However, the assailant was not identified. The appellant was arrested on suspicion and case articles were recovered from him. The informant identified the articles, and a final report was filed. Conclusions were reached during the trial and appeal that the appellant is the offender. The trial and high court courts convicted the accused based on the recovery of the articles. However, Apex court…
• Sunday, April 21 – Act 14 of 1982: Sexual offender: Unexplained delay of 21 days in considering the representation is prejudice to the detenu (with direction to the state government on giving counselling to the arrested teenagers)

  Prayer-Detenu was detained as sexual offender-Petitioner side contention on procedural safeguard violations-Respondent’s side Contention-Delay in submitting the remarks by the Detaining Authority-Cited with precedents-Unexplained delay of 21 days in considering the representation is prejudice the detenu-High Courts…
• Sunday, April 21 – Cheating: After consideration if the land was not transferred to the complainant or did not exist or had been sold or transferred to somebody else then it is cheating

  The State has challenged an order rendered by the Hon’ble High Court of Rajasthan, which had quashed the FIR registered against the respondent for cheating in the sale of land. The respondent had neither returned the amount nor handed over the land to the complainant. However, it is not the case that the land was not transferred to the complainant, or did not exist, or had been sold or transferred to somebody else. Therefore, the case is purely of a civil nature and not of cheating. Since…
• Saturday, April 20 – Protest petition: When the Magistrate does not treat the protest petition as a complaint and rejects it then the complainant can file a fresh complaint

  An appeal has been filed against an order under section 482 CRPC to quash a summoning order. The summoning order was issued after a final report was lodged based on information received. However, a protest petition was filed alleging the investigation was unfair. The Chief Judicial Magistrate (CJM) rejected the police report and summoned the accused after taking cognizance of the protest petition and affidavits that supported it. The CJM concluded that the investigation was indeed unfair. The…
• Saturday, April 20 – Cancellation of bail: Accused are not entitled to bail if they are dreaded criminals

  The appellant, who is the complainant, challenged the order that granted suspension of sentence. An FIR was registered based on the complaint, and after investigation, three separate trials were conducted. The trial court convicted five accused under section 302 IPC and acquitted two accused. The complainant challenged the impugned order of granting bail on the ground that the accused are dreaded criminals. Two accused respondents are not entitled to the grant of bail for their subsequent…
• Thursday, April 18 – PMLA & Cognizance: Under PMLA special court can take cognizance only by way of complaint filed by the authority authorized on this behalf

  The complaint filed by the ED authority is being challenged on the grounds that, except for Section 120B of the Indian Penal Code, no other offences are considered scheduled offences. Without a scheduled offence, there cannot be any proceeds of crime. Furthermore, under the Prevention of Money Laundering Act (PMLA), a special court can only take cognizance of a case only through a complaint filed by an ED authorized authority. In this case, as there is no scheduled offense in the complaint…
• Wednesday, April 17 – Homicide not amounting to murder: Though the accused shot the deceased but the weapon (Firearm) was not brought for the purpose of committing an offence in the liquor party

  This is a summary of a legal case where the accused were convicted under sections 302 r/w 34 IPC for a fire shot incident that occurred during a liquor party. The conviction was upheld by the High Court after sentenced by the Trial court. However, it was found that one of the accused (A2) had refused to shoot the deceased, and therefore, vicarious liability under section 34 did not apply to him. Although the other accused had attempted to shoot the deceased, the weapon (a firearm) was not…
• Tuesday, April 16 – 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

  Understand the legal procedure for disposal of property in court cases. Discover the steps to file before the concern court and high…
• Sunday, April 14 – Observation of Hon’ble High Court that once the police recorded statements of the Doctor and PW-4, the statements of PW-4 and the Doctor before the Court became meaningless is contrary to section 162 Cr.P.C

  Challenge against the reversal of acquittal by the Hon’ble High Court – Facts of the case: Section 302 IPC – Trial court acquitted the appellants but Hon’ble High Court overturned the sentence and sentenced to life – It is well-settled principle that an order of acquittal further strengthens the presumption of innocence of the accused – Unless there is statutory presumption the accused is not required to discharge any burden – Hon’ble High Court accepted the statements given before the…
• Thursday, April 11 – Terrorist Act: Bail is a fundamental right under Article 21 of the Constitution even for Unlawful Activities (Prevention) Act, 1967 (SHOMA KANTI SEN)

  Terrorist Act: Any act must be done with intent to threaten or likely to threaten the unity, integrity, security, economic security or sovereignty of India or such act must be accompanied with an intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country.
  Appeal against dismissal of bail- FIR was registered- Investigation was expanded and section 120-B IPC was added- Initial and supplementary chargesheet were filed- During…
• Monday, April 8 – Section 195(1)(b)(ii) would be attracted only when the document was in the custodia legis (custody of the law) and not otherwise

  The Hon’ble Supreme Court of India clarified the interpretation of Section 195(1)(b)(ii) of the Criminal Procedure Code (CrPC). The Court held that the bar under Section 195(1)(b)(ii) is only attracted when the offence enumerated in the provision is committed with respect to a document after it has been produced or given in evidence in a proceeding in(side) any Court, i.e., during the time when the document is in “custodia legis”. If the forgery is committed before the document is…
• Saturday, April 6 – Tutoring witness: Police cannot be allowed to tutor the prosecution witness and this kind of interference by the Police with the judicial process amounts to gross misuse of power by the Police machinery

  Tutoring a witness: Police cannot tutor prosecution witnesses. Police interference with the judicial process is a misuse of…
• Friday, April 5 – Custody death or Station death: If the death takes place inside the police station the accused persons should be punished for the offence under section 302 IPC

  Praying to register fir under section 302 IPC, change of investigation agency to CBI and further prayer for direction of appropriate compensation – Crux of the prosecution – Deceased was brought dead to government hospital and injuries found as antemortem in nature 3 to 4 days prior to the death – Second opined from Professor of forensic department as cause of impact over the head – Responsibility of the police while the citizen in the custody – State is responsible if the person in custody of…
• Friday, April 5 – Two views theory: If two views are possible then the High court can interfere in the findings of the trial judge only if it is perverse or impossible

  Challenging the reversal of acquittal by the High Court – Case rests on circumstantial evidence – Chain of evidence must be complete as against the accused without any hypothesis except the accused is guilty – Suspicious cannot take place of proof – The law regarding interference by the appellate court Homicidal death is admitted fact – Appreciation of trial court judgment of acquittal – Reversal of acquittal by the high court is in cursory way – High court can interfere in the findings of the…
• Wednesday, April 3 – Section 138: After the civil court declares the cheque as security the sentence and damages provided by the criminal court would not lie

  Appellant convicted under section 138 NI Act – Whether accused can be held guilty whereas the competent civil jurisdictions already passed decree in connection with the same transaction – Proceedings and facts before the lower court – Same cheque was in issue before both civil and criminal courts and the conclusions of the courts…
• Wednesday, April 3 – Second fir: Successive firs on the same incident not being a counter case cannot be sustained and not permissible under law

  Prayer – Crux of the case – Successive firs on the same incident not being a counter case cannot be sustained and not permissible under law – Complaint by second…
• Tuesday, April 2 – Cheating: Non-disclosure of impotency during marriage is cheating under sections 417 and 420 IPC further direction to add the fir

  Madras High Court after considering the facts has held that non-disclosure of impotency during marriage is an offence under sections 417 & 420 IPC and further directed the investigation agency to add offences in the fir….
• Monday, April 1 – Anticipatory Bail: Court is required to focus on the role attached to the accused whose application is under consideration

  Appellant has taken obscene photographs of the neighbour ‘X’ and blackmail to extort money – Prime accused enlarged on bail – High Court allowed Anticipatory Bail to the accused and subsequently dismissed on the application filed by the complainant section 439 (2) Cr.P.C – Concept of anticipatory bail – Present appellant had been charged only under section 120B and section 67A IT Act – Cancellation of bail is set…
• Saturday, March 30 – Juvenile Justice Act, 2015: Though offences POCSO and Murder have been proved accused acquitted based on procedural illegalities

  Challenge against the dismissal of criminal appeal by the Hon’ble High Court – Observation of the Trial court after the conviction – Child was not returned home from a shop and could not be traced hence fir registered – Victim (deceased) was last found with accused – Accused confessed and based on that dead body recovered and after post-mortem it is reported that it is homicide with injuries in the victim’s genitals – Accused was a child in conflict with law – Trial concluded in conviction…
• Saturday, March 30 – Section 306 IPC: A casual remark that is likely to cause harassment in ordinary course of things does not constitute offence under section 306 IPC

  Challenge against the dismissal of order under section 482 Cr.P.C – Deceased died due to non-vacation of his house by his brother (accused) – Quash petition filed after charge sheet was filed – Except the appellant told the deceased to go out and die there is no other allegations brought on record – Appellant was in USA and there is no material in record to show that any telephonic conversation occurred – Suicide notes did not give any evidence that the appellant was in touch with the deceased…
• Saturday, March 30 – Objection: When chief-examination of Prosecution witness is being recorded presence of accused advocate is required to object to a leading or irrelevant question being asked to the witness

  Charge against the appellants are under sections 419, 420 of IPC and sections 66 read with 43 (j) and 66D of IT Act. Trial judge recorded 12 Prosecution witnesses Chief-examination without recording their cross-examination. Trial proceeded as per the direction of the Hon’ble Madras High court but appellants did not engage any advocate. Trial court ought to have provided legal aid advocate also the appellants did not decline to accept the service of legal aid lawyer. Presence of accused’s…
• Friday, March 29 – CBI investigation: Only constitution courts are empowered to direct CBI Investigation

  The cause of death of a young woman in Delhi remains a mystery in this complex legal case. After a legal battle the relatives of the young woman (deceased) obtained investigation by…
• Sunday, March 24 – Section 420 IPC: The contention that since charge sheet has been filed the present appeal is to be dismissed was rejected

  Appeal against FIR dismissal seeks to quash case under Section 420 IPC. Apex court has held that there is no fraud, cheating, and criminal breach of trust allegations in this legal battle further quashed the case. Also Supreme court has insisted that if only civil remedy lies but criminal proceedings filed then the complainant must face the consequences….
• Friday, March 22 – Section 153A IPC: To constitute an offence under section 153A IPC words spoken or written must create enmity between different groups

  Appellant challenges High Court order on FIR No. 31 of 2020, involving Sections 153A, 500, 501, 504, 34 & 120B IPC. Hon’ble Supreme Court has quashed the FIR stating that there is no allegation to constitute offences under section 154A IPC and other IPC…
• Friday, March 22 – Circumstantial evidence: Merely appellants were seen nearby the place where the crime occurred holding chopper is not last seen

  Circumstantial evidence: Merely appellants were seen nearby the place where the crime occurred holding chopper is not last seen. General principles regarding the innocence of accused. Witness did not say that the accused were seen nearby the dead body. Recovery is from open place accessible to one and all. Accused…
• Thursday, March 21 – Suicide: No dowry demand: A moral conviction regarding the guilt of an individual has no place in criminal jurisprudence

  Prayer Criminal Appeal under Section 374(2) Cr.P.C. for setting aside a judgment. Accused acquitted of dowry death charges. The accused was prosecuted for dowry harassment upon his wife. she has committed suicide and thereby caused dowry death. Fact of the case is after a year of their marriage the appellant started constructing a house for which he demanded the jewels of his wife but the deceased refused to act upon the appellant’s wish. When P.W.1 (deceased mother) went to a private hospital…
• Thursday, March 21 – AADHAAR Act: Furnishing of details to ascertain whether AADHAAR is genuine or not does in the interest of national security is permitted

  The Aadhaar Act allows for the disclosure of information in the interest of national security. This petition seeks details to verify the genuineness of Aadhaar cards for a criminal investigation which is allowed by the Hon’ble Madras High Court (principal…
• Thursday, March 21 – TIP: Dock identification for the first time in the absence of proper identification parade is doubtful

  The conviction under section 397 r/w 395 IPC is challenged due to the lack of proper identification parade and dock identification for the first time. Hon’ble Supreme Court accepted the contention challenged and acquitted the…
• Wednesday, March 20 – N.I Act: s. 143A N.I Act: How and when to direct Interim compensation is explained

  The application under Section 143A of the NI Act aims to add interim compensation to the accused’s plea. Section 143A(1) applies after the accused’s plea is recorded, while Section 143A(1)(b) applies only to warrant cases. Interim compensation can be recovered as a fine under section 421 Cr.P.C. The appellate court can exercise discretion in directing payment. This case is remanded back to the trial court for fresh considerations based on the directions given in this…
• Monday, March 18 – Section 173(2) Cr.P.C: Direction: Apex court directed the police officers to comply with the mandatory details to be submitted with the final report

  In this appeal, the appellant challenges the High Court’s decision of dismissing his bail application. The Hon’ble Supreme court has called for details on charge sheet filed. After reviewing the chargesheet, it lacks necessary details, therefore, Apex court has directed the Director General of Police (DGP) of Jharkhand will ensure and take necessary steps to comply with appropriate law laid down u/s 173(2) Cr.P.C. Apex court directed the police officers to comply with the mandatory details to…
• Sunday, March 17 – Voluntary Surrender before non-jurisdictional Magistrate: My candid opinion dedicated to His Lordship _by Ramprakash Rajagopal, Advocate.

  Explore the legal issues and answers surrounding the Ayyappan vs state judgment in 2015, including provisions for surrender and arrest under the Cr. P….
• Tuesday, March 12 – Sentence modified into section 304 part II: Deceased died when appellant fired in the open sky in a marriage ceremony though unfortunate but having no enmity and intention

  Section 304 Part II deals with culpable homicide not amounting to murder. In this case, the deceased tragically lost his life when the appellant, without any malice or premeditation, fired a gunshot into the sky during a joyous wedding ceremony. Hon’ble Supreme court has concluded that though it is cruel act but without any intention or enmity and modified the…
• Monday, March 11 – Section 451 / 457 Cr.P.C: Return of Property: There is no bar to release the property in NDPS Act

  After reviewing the submissions, it is confirmed that the petitioner is the vehicle owner and not involved in the case. The vehicle was rented out to A1/Balamurugan, with no contraband found. Due to the vehicle being exposed to weather since seizure, further detention could damage it. Citing the Apex Court’s decision in a similar case, the Court is inclined to allow return of the vehicle, despite objections from the Additional Public…
• Monday, March 11 – Section 91 Cr.P.C: Accused has no right to summon call at the stage of charge framing

  Appeal against High Court order on summoning call details during criminal proceedings in Rajasthan. Accused’s application rejected by Trial Court, allowed by High Court. Important legal implications…
• Saturday, March 9 – WhatsApp status: Criticizing abrogation of Article 370 in J&K is protected under freedom of speech (Article 19(1)(a)) and does not violate section 153A IPC

  The expression of speech through a WhatsApp status criticizing certain actions does not necessarily attract offence under section 153A of the…
• Saturday, March 9 – Title: Understanding Section 120B of the Indian Penal Code (IPC): Criminal Conspiracy and its Implications

  Explore the significance of Section 120B of the Indian Penal Code in addressing criminal conspiracies and its implications on the legal…
• Friday, March 8 – 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

  Trial court placed burden on accused regarding case diary corrections, Missing pages. Convicted under section 302 IPC, seeks acquittal after confirmation by High Court….
• Friday, March 8 – Custody of child in Mohammaden Law: No system of adoption of child in Mohammaden law: Custody of children is the welfare of children and not the right of their parents

  Against the order passed by the Hisgh Court in a Writ Petition- No system of adoption of child in Mohammaden law. It is only Kafalah, in terms of which only custody can be given to another person, however, the child does not sever relations with biological parents – custody of a minor child in parens patriae jurisdiction – Time gap shows that the respondent No. 2 is not interested in custody of the child – Custody of the child cannot be given to the stranger- the custody of children is the…
• Friday, March 8 – Surrender petition: Accused should surrender only before the Jurisdictional Magistrate

  Unless the case diary and the remand report is transmitted to the Magistrate he would not be able to apply his mind effectively for remand – Practice for decade surrendering before non-jurisdictional Magistrates is strange and dubious practice and severely deprecated – Roshan Beevi vs. Joint secretary (1983 MLW (cri) 289) cannot be applied to IPC offences – Remand would be effected even the Magistrate has no…
• Thursday, March 7 – Section 203 Cr.P.C: Dismissal of complaint: Cause of action for filing complaint is same as is in the filing contempt petition and that fact was not mentioned in the complaint and hence taking cognizance is abuse of process of law

  Section 203 Cr.P.C: Dismissal of complaint: Cause of action for filing complaint is same as is in the filing contempt petition and that fact was not mentioned in the complaint and hence taking cognizance is abuse of process of…
• Wednesday, March 6 – NDPS Act: Confession to the police officer is not admissible and hit under section 25 Evidence Act

  Challenge – Conviction under NDPS Act – Brief Facts – Arrest and interrogation on the spot – Recovered contraband is Ganja – Trial court convicted – High court upheld the conviction – Analysis: Recovery of narcotics from vehicle stopped during transit – Independent panch witnesses not examined – No witnesses or documents to prove the safe keeping of samples – Inventory proceedings were not prepared in the presence of the Jurisdictional Magistrate as per section 52A NDPS Act – Confession to…
• Wednesday, March 6 – Automatic vacation of stay: Asian Resurfacing judgment resurfaced

  A Miscellaneous Application was filed in the decided case, in light of the order passed on 4th December 2019 by the Learned Additional Chief Judicial Magistrate, Pune. When the learned Magistrate was called upon to proceed with the trial on the ground of automatic vacation of stay after the expiry of a period of six months, the learned Magistrate expressed a view that when the jurisdictional High Court had passed an order of stay, a Court subordinate to the High Court cannot pass any order…
• Thursday, February 29 – Approver: Evidence of approver can be admitted even he did not inculpate himself with the crime

  Since the approver did not inculpate himself with the privy of the crime, the Hon’ble High court dismissed the approver’s testimony, set aside the death sentence conviction, and acquitted the respondents. But Hon’ble Supreme court after discussed sections 133, 157 Evidence Act and section 306 Cr.P.C has concluded that once the approver is being removed from the category of co-accused and become the prosecution witness his sole testimony can be admitted with a little corroboration even he did…
• Wednesday, February 28 – Kidnapping: Except kidnapping prosecution did not prove the demand and threat hence section 364A IPC would not attract

  Child testifies that his father taught him details – Defense theory suggests accused were known to parents – defence did not prove prior enmity between the accused and the parents – except kidnapping prosecution failed to prove demand and threat and hence section 364A IPC not…
• Wednesday, February 28 – Procedure: Sample collection: Assistant Director has no power to seize the sample of meat under Prevention of Cow Slaughter and Cattle preservation Act 1964

  The main issue is that the Assistant Director, who was not legally authorised to take the sample, voluntarily took the meat sample. He also did not issue notice to first three respondents. As a result, Apex Court confirmed the Hon’ble High Court’s order quashing the FIR finding the Assistant Director’s sample collection act was entirely…
• Monday, February 26 – No discharge after framing of charges: MLA is not a person who can be removed with the sanction of the government

  Suo-Motu revision was taken by the Hon’ble Madras High Court against the discharge order on the second discharge application – Suo-Motu Crl.R.C No: 1559 of…
• Sunday, February 25 – Section 202 cr.p.c: In cases where jurisdiction is involved as per section 202 cr.p.c Magistrates must wait till the report is received and thereafter summon the accused

  Head notes: Challenge is against the dismissal of quash petition against the compliant filed – Section 202 cr.p.c explained in detail – Magistrate called for report under section 202 cr.p.c after evidence (sworn) was over – Police did not file the report under section 202 cr.p.c – Magistrate ought to have waited till the report was received but summoned the accused – Remand is warranted – Dispute is civil nature and no allegation that the accused company was involved in transaction between 2nd…
• Sunday, February 25 – Conviction: Witnesses cannot expected to remember the timing correctly after six years from the incident

  Head note: There is no infirmity in the judgment of the Trial Court, The accused was convicted as per the evidence of the injured witness and the appeal is…
• Saturday, February 24 – Cancellation of bail: Cancelling the bail which granted by another single judge by examining the merits tantamount to judicial impropriety/indiscipline

  Head note: Challenge against the order cancelling the bail application – Appellants were added solely on the basis of confessional statements – State preferred cancellation of regular bail – Cancellation of bail came before the single judge who had not granted the bail – Cancelling the bail which granted by another single judge by examining the merits tantamount to judicial impropriety/indiscipline – Law regarding difference between grant of bail and cancellation thereof – Cancellation of bail…
• Saturday, February 24 – Acquittal: If there are convincing eyewitnesses then non-examination of expert does not affect the prosecution case

  Head note: Evidence: appreciation and analysis – Motive for the present incident: In village election informant voted against the accused wife. Also there were case and a case-in-counter going on – Appellant shot PW-1 with gun but the first gunshot hit P.W-1’s mother and she died at the spot – In cross-examination PW-1 states when her mother collapsed he cried but did not hugged her mother but gone to his brother who wrote the FIR but did not accompany PW-1 to the police station – Defence…
• Thursday, February 22 – Quashing fir: High court cannot conduct mini investigation under section 482 cr.p.c as per Neeharika Infrastructure case

  Head note: Prayer – Following Neeharika Infrastructure Pvt Ltd case – Conclusion: Crl.O.P…
• Thursday, February 22 – Quash set-aside: Prosecution may be lodged by or with the permission of the Sub-Registrar as per section 83 of the Registration Act, 1908

  Quash set-aside: Prosecution may be lodged by or with the permission of the Sub-Registrar as per section 83 of the Registration Act,…
• Thursday, February 22 – Cheque case: Director cannot be prosecution if the cheque was issued by the company after his resignation

  N.I Act: Director cannot be prosecuted after his…
• Wednesday, February 21 – Maintenance: If a person fails to pay the maintenance can either be arrested for non-compliance or his properties both movable and immovable including salary can be attached

  Head note: Prayer – Fact – Trial Court order – Petitioner side Argument – Respondent Side Argument – Findings – Impact of fails to comply with the maintenance order of court – Attachment of salary is very much valid -…
• Wednesday, February 21 – Warrant: Magistrate has power to issue warrant under section 73 Cr.P.C during investigation also

  Head note: Non-bailable warrant issued against absconding, accused police officials – accused aided in kidnapping and extortion and Seeking to issue an Non Bailable warrant for the investigation of the police officials under section 73 of…
• Wednesday, February 21 – Jurisdiction of court of session in an appeal against acquittal in a complaint case

  An article by Thiru. M.Karunanithi., Advocate, Madruai., (Special Public Prosecutor., CBI) & Member, Law Commission of…
• Wednesday, February 21 – Circular to all Magistrate courts: Criminal courts cannot return final reports for not enclosing certain reports collected during investigation

  Head notes: Prayer – Fact – Petitioner’s side Argument – Respondent’s Side Argument – Reference with Supreme Court &High Court Cases – Finding & Conclusion – Madras High Court’s directions – All online final reports will be in compliance of rule.25 Cr.R.P 2019 – Magistrates shall not return the final report on the ground that reports are not enclosed – Direction to the registry to circulate to all criminal…
• Tuesday, February 20 – Modification of sentence: Profile of the appellant who is the doctor was considered and reduced the sentence into of fine

  Head note: Challenge – Complaint, Trial, Conviction & Appeal confirmed – Criminal revision dismissed – Prayer is to modify the sentence of imprisonment to that of fine – Proper sentence & judgment quoted – Profile of the appellant who is the doctor was…
• Tuesday, February 20 – Though the judge assigned reasons retaining file of a case after demitting the office is an act of gross impropriety

  Head note: The contention is the judge has delivered a detailed judgment after he demitted his office – Though the judge assigned reasons retaining file of a case after demitting the office is an act of gross…
• Tuesday, February 20 – Surrender: Without any order under section 204 Cr.P.C no summons could have been issued and based on that accused shall not be arrested or taken into custody even he voluntarily surrenders

  Special court issued summons without passing any order summoning the accused, leading to rejection of bail application. Non-application of mind by the…
• Tuesday, February 13 – Quash: Normal rule is prosecution for defamation cannot be quashed on the ground that the offending allegations were withdrawn

  Head notes: Factual aspects – Defamation complaint against the petitioner and the appellant seeking transfer – Appellant defamed the Gujarati people as ‘thugs’ – Petitioner withdrawn the offending statements – Respondent was not ready to quash the complaint – Normal rule is prosecution for defamation cannot be quashed on the ground that the offending allegations were withdrawn – Case…
• Tuesday, February 13 – Sentence reduced: It is important to analyse the role of every accused participated in the crime

  Head note: Challenge against the conviction under section 302 IPC – Case of the prosecution – Witnesses introduction – Registration of FIR – Charge-sheet and committal – Trial and conviction – High court initially acquitted all the accused – further Hon’ble Supreme Court set aside the judgment of High court and remanded back – On remand Hon’ble High Court has dismissed the criminal appeals hence this criminal appeal – High Court and Trial court stands out in the culpability of A-3 -…
• Monday, February 12 – 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

  Head note: Challenge: Trial court acquitted the appellants but Hon’ble High court reversed the acquittal and held the appellants guilty of murder hence this appeal – Analysing the judgment of the Hon’ble High Court – Issue: Whether the High Court was correct in reversing the order of acquittal – The accused are not unknown to the victims – Presumption of innocence gets strengthened once accused acquitted – Points for consideration while reappreciate and reverse the order of acquittal into…
• Sunday, February 11 – Section 138 N.I Act: Time barred debt or not itself a prima facie for evidence and cannot invoke section 482 cr.p.c to quash the same

  Head note: Challenge against quashing the summoning order u.s. 138 N.I Act – Quash is based on time barred cheque – Time barred debt or not itself prima facie for evidence and cannot invoke section 482 cr.p.c to quash the…
• Sunday, February 11 – SUCCESSFUL PROSECUTIONS – A FEW IDEAS 

  An article by Thiru. M.Karunanithi., Advocate, Madruai., (Special Public Prosecutor., CBI) & Member, Law Commission of…
• Thursday, February 8 – Identification of ornaments: It is necessary to examine the person from whom the other identical ornaments were brought

  Head note: Hon’ble Supreme court – Facts: Murder for gain – Unlawful assembly not attracted – Test Identification Parade usually conducted immediately after the arrest – Vague and bald statements of the witnesses regarding the injuries caused to them – Confronting s.161 statement – Cannot connect accused with the injuries (crime) – Recovery: It is necessary to examine the person from whom the ornaments were…
• Monday, February 5 – Life sentence reduced: No separate sentence for POCSO is imposed while maintaining conviction under section 376 AB IPC

  Head note: Death sentence reduced into imprisonment for life in High Court – Challenge is on the question of sentence alone – Trial and sentence – Alternative for life punishment is rigorous imprisonment not less than 20 years with fine – The act of appellant is only barbaric and not brutal – Reason for referring the act as barbaric – In capital punishment only constitutional courts can modify or fixed the term for life sentence – Life sentence modified for 30 years includes the period already…
• Saturday, February 3 – Limitation: Court cannot use the judgment decided on the complaint case for police cases

  Head note: Prayer – Issue raised – Judicial Magistrate issued notice to the prosecution under section 473 cr.p.c (want of limitation) – Kishore vs. State – Information to the police is akin to a complaint under section 2(d) crpc – General principle of criminal law – Old code, 1898 Cr.P.C: Prosecution need not be quashed based on delay in instituting the complaint – Law commission recommendation to introduce limitation in prosecution – Introduction of limitation for prosecution in new Code, 1973…
• Friday, February 2 – Section 391 Cr.P.C: If no questions put to the witnesses or lead evidence the appellate court has no obligation to allow application filed under section 391 Cr.P.C

  Head note: Challenge – Facts – Petition for sending cheque for handwriting expert is dismissed by trial court – Application under section 391 Cr.P.C dismissed for additional evidence is dismissed by the appellate court – Law regarding section 391 Cr.P.C – Appellate court noted that not a single question was put to the witness regarding the issue on hand – Section 118(e) N.I Act presumption regarding indorsements is in favour of the complainant and the accused could rebut by leading evidence -…
• Friday, February 2 – SC/ST Act: No intention accused had to insult the complainant based on her caste

  Head note: Apex Court – Compromise petition filed under section 320 Cr.P.C and allowed for some IPC offences but denied for section 3(1)(xi) SC/ST Act – Hon’ble High court in appeal accepted the compromise application in respect of other IPC offences but reduced the sentence of SC/ST Act – Hon’ble Supreme court finds no intention that the accused had to insult complainant based on her…
• Wednesday, January 31 – Defamation: Article was published was in good faith and in exercise of fundamental right of freedom of speech and expression

  Defamation case against the owner of a daily news paper regarding an article was published against the respondent – Magistrate dismissed the complaint – No appearance for the complainant – Article was published was in good faith and in exercise of fundamental right of freedom of speech and…
• Wednesday, January 31 – Summoning order: Magistrate failed to see the criminal colour of a commercial civil dispute

  Head note: Apex court – Dispute in the total sum of invoice prepared by the appellant (accused) was considered as foul play by the respondent.2 (complainant) – Respondent no.2 has instituted a complaint against the appellant – Magistrate after taking sworn statements issued summons to the appellant – Quash dismissed – Analysing Neeharika Infrastructure Ltd case – Analysing Deepak gaba case – Regarding ss. 504 and 506 IPC allegations surfaces in the last portion and not made in the initial…
• Wednesday, January 31 – Rape: Physical relationship with woman promises to marry her is misconception and consent is immaterial

  Head note: Registration of fir – Factual aspects – Case of prosecution – Physical relationship promising marriage and pregnancy – Case of the appellant: Appellant and respondent got married – Consideration of submissions – Compromise failed though deposit of rs. 10 lakh rupees made by appellant – Proposition of law on physical relationship based on misconception: Consent of women based on misconception is immaterial and not voluntary hence rape -…
• Monday, January 29 – Defamation case: The statements is defamatory inasmuch they are directly connected with the discharge of public functions of the office of the Hon’ble Tamilnadu Chief Minister

  Head note: Prayer – Common issues in all the writ petitions – Case is regarding defamation – Arguments on behalf of the petitioner – Judgments relied by the counsel for the petitioner – Arguments on the side of the Government – Analysis of the Hon’ble Madras High court – Issues for consideration -Special Procedure for initiation of prosecution for defamation -Mandatory four step process to permit the private prosecution under section 199 (2) crpc -No format for sanction order but application…
• Sunday, January 28 – Basic understanding: A common knowledge in types of crimes and in perspective of Indian criminal laws

  Basics of Criminal law. Part.4: Types of Crime. These notes is for the law students and for the persons who wanted to have an introduction to criminal laws. These notes are carefully drafted by the group of lawyers in a most interesting way to study in a lesser words. …
• Sunday, January 28 – Appreciation of evidence: It is only after the prosecution discharges its initial burden beyond all reasonable doubt the false explanation or non-explanation could be taken into consideration

  Challenge – FIR registered against unknown persons – Case of the prosecution and conclusion of trial court and appellate court – Case rests in circumstantial evidence – Guiding principles: ‘Must be proved’ and not ‘May be proved’ – Guiding principles: Suspicion cannot take place of proof – Recovery of articles at the instances of accused and his absence of giving explanation to the same – Motive and murder as per the confession of the appellant – Dead body was found much prior to the…
• Saturday, January 27 – Section 167 crpc: Accused cannot claim default bail on the ground that the further investigation against other accused is pending

  Head note: Challenge – Facts – Arrest & custody – Application filed under section 167(2) crpc on the ground chargesheet was incomplete – Special court by a separate order took cognizance on the offence – Thereafter Special court granted bail under section 167(2) crpc – Hon’ble High Court dismissed the petition filed by the appellant (CBI) – Analysis – Two different standpoints of the Special court on deciding default bail – CBI having kept the investigation pending for other accused is to be…
• Saturday, January 27 – Section 482 CrPC: Only High Court has the power to direct to run sentences in two different cases concurrently

  Head note: On the petition filed under section 482 crpc, the Hon’ble Madras High court has directed to run two sentences in two different cases concurrently. Hon’ble Madras High court has directed based on the previous judgment of the Madras High court Selvakumar Vs. The Inspector of Police, Seidhunganallur Police Station reported in…
• Friday, January 26 – Section 27: Recovery not admissible: Recovery is from open space after one month no independent witnesses examined though available

  Section 27: Recovery not admissible: Recovery is from open space after one month no independent witnesses examined though available
  Challenge – Case and trial – Apex court’s view – Case is not based on circumstantial evidence but eye-witnesses not supported the prosecution – Analysis of recovery – Place of pistol found not proved as per the deposition of witness – Recovery is suspicious: recovery is from open space after one month and no independent witnesses examined though available -…
• Friday, January 26 – Section 306 IPC: Prosecution failed to prove that the attack of the accused instigated the deceased to consume poison and commit suicide

  Head note: Appeal & Prayer – Trial & Acquittal – Victim is the appellant – Case of the prosecution – Trial court judgment – Appellant Side contention – Respondent Side contention – Analysis by the High court – Application of law – Application of law in the present case: Attack made by the accused did not instigate the deceased – Law regarding setting aside the acquittal – Conclusion: Appeal…
• Thursday, January 25 – Plea of Insanity: Hon’ble Madras high court division bench acquitted the accused based on the exception under section 84 IPC being proved

  Challenge & Prayer – Facts – Appellant is a mentally deranged person affected with paranoid schizophrenia and set the deceased on fire – Death of deceased at hospital – Trial & conviction – Evidence substantiates the appellant was affected with paranoid schizophrenia – Analysis of Hon’ble Madras High court – Offence proved so also the mental disorder of the accused – Condition of the accused prior to the incident – Medical report of the Appellant shows that the psychiatric illness continues…
• Wednesday, January 24 – Quash: Cheating: In order to constitute an offence of cheating, the intention to cheat must be available from the inception

  Head note: In the instant case, admittedly the petitioner had only repaid a part of the amount and the balance is yet to be repaid by the petitioner. This act on the part of the petitioner, at the best, can only constitute a breach of contract and it will not constitute an offence of…
• Wednesday, January 24 – N.I Act appeal compensation: Deposit of 20% is not an absolute rule may be reduced or even exempted

  Prayer – Present challenge – Main ground – Deposit of 20% is not an absolute rule – Conclusion – Hon’ble High Court’s direction to the District…
• Tuesday, January 23 – Juvenile Justice act: Issue of Juvenility can be claimed even before the Hon’ble Supreme court

  Head note: Challenge – Issue of juvenility raised before the Hon’ble Supreme court – Report of Additional Sessions judge confirmed juvenility – As per the Juvenile Justice Act, 1986 maximum action was to send her to a special home – Incarceration of eight years set…
• Tuesday, January 23 – Cost: Hon’ble Supreme court imposed cost on the husband to file cheating case on his wife

  Head note: Magistrate is not compelled to take cognizance on supplementary final report in the absence of any new evidence found to substantiate the conclusion of I.O – Challenge – Facts – First Information Report – Case filed against the appellant – Quash dismissed – Issues for consideration – Analysis – The offence of cheating under Section 420 IPC – Apply the principle in the present fact – Not every unlawful act automatically qualifies as ‘deceitful’ – Forging signature in the…
• Monday, January 22 – Madras High court direction for rama nama bhajans

  Head note: Hon’ble Madras High Court directed to do Bhajans uttering rama nama and annadhanams in responsible and pious manner today without any law and order…
• Monday, January 22 – Cr.P.C., 1973. Notes no.9: Second FIR, General propositions as to FIR, appreciation & Evidentiary value of first information report (Chapter XII – Part.3, 4, 5 & 6)

  This part no.9 will give a clear picture about second fir and general proposition as to fir. With this reading it will be easy to learn and have ideas about the “FIR registration procedures” – These notes will be helpful for writing examination (judicial) and academic…
• Sunday, January 21 – Digest and a study recall on dying declaration

  Case laws regarding Dying declaration – exclusive. This post shall update…
• Saturday, January 20 – Discharge: Expert witness examined by the complainant has stated that the death was natural.

  Head note: Apex Court – Present appeal has been preferred by the accused against the order of High court setting aside the order of the Sessions court discharging the accused under section 227 crpc. Initially FIR was registered against the accused and after the investigation a drop report (final report) was filed. Based on negative report the respondent’s father instead of filing protest petition has filed a complaint under section 200 cr.p.c. The Judicial Magistrate after examining the…
• Saturday, January 20 – Second or successive bail application: Mentioning the details of previous bail application is compulsory to avoid contempt

  Head note: Apex court – successive Bail application – Supreme court’s earlier judgments on filing fabricated document by the litigant to obtain favour order – Prayer in the SLP is for grant of bail in pending trail – Hon’ble High Court granted bail for the appellant pending the present SLP – Original release order of second bail application received by the Supreme Court – State informed that the state has no knowledge of first bail application and pending SLP – State informed that the…
• Saturday, January 20 – Anticipatory bail: Civil claims being settled by pressurising through criminal prosecution discouraged

  Head note: No prima facie for cheating found and differentiated mere breach of contract and cheating – Further Anticipator Bail…
• Thursday, January 18 – Not Rape: Though the marriage was solemnized by force the relationship between them was only after the marriage as such section 376 IPC does not emanate against the husband

  Head note: Challenge – Facts – The appellant and complainant were in relationship against their parents wish – Father of the girl filed Habeas Corpus writ petition – Hon’ble High court’s order based on its interaction with the girl – After a considerable time complainant (girl) separated from appellant and register the FIR against him – Analysis – Complainant (girl) stated before the Hon’ble High Court single judge as if she was forced to marry the appellant – Section 376 IPC does not…
• Thursday, January 18 – Sanction: Manufacturing or fabrication of public documents and records cannot be a part of the official duty of a public servant hence sanction not required

  Head note: Challenge – Facts – Quash preferred – Quash dismissed by the Hon’ble High Court – Charge sheet filed against the accused – Respondent/accused again approached High court and set aside the charge sheet and other order – Question involved: Whether sanction required to prosecute respondent no.2? – Section 197 Cr.P.C – Sanction explained – a view can be taken that manufacturing of such documents or fabrication of records cannot be a part of the official duty of a public servant -…
• Tuesday, January 16 – POCSO: Accused did not rebut the evidence against evidence of victim

  Appeal – Appellant side submission – State submission – Hon’ble Supreme Court principles followed – Subsequent insertion in the complaint was not cross-examined – How to appreciate child witness? – Victim girl clearly identified the appellant – Prosecution proved the offence – Accused did not rebut the…
• Tuesday, January 16 – POCSO: Since section 29 of the Act necessitates the accused to rebut the case it is just to recall the witness for cross examination

  POCSO Act and Prohibition of Child Marriage Act – re cross examination on victim – victim attained majority does not come under the definition of…
• Saturday, January 13 – A timeless guidance of Hon’ble Madras High Court for young generation to stay away from pornography

  Prayer – Facts – Petitioner’s mobile phone contains two files contain child videography content where two teen boys involved in sexual activity with an adult woman – Direct enquiry of Hon’ble High Judge with the petitioner – Admission of petitioner about his habit of watching porn – Verifying Case diary – Section 14(1) POCSO analysis – Section 67-B of Information Technology Act analysis – Section 292 IPC – No offence committed by the petitioner – Petition…
• Saturday, January 13 – Cr.P.C., 1973. Notes no.8: Procedure for registration (Chapter XII – Part.2)

  This part no.8 will give a clear picture about procedure for registering First Information Report. With this reading it will be easy to learn and have ideas about the “FIR registration procedures” – These notes will be helpful for writing examination (judicial) and academic…
• Friday, January 12 – Basics of Criminal Law – Part.3 – Criminal Jurisprudence

  Learn what is meant by criminal jurisprudence – Criminal jurisprudence is the main part in shaping the criminal justice system. Learn how criminal law, punitive laws, and common law traditions inform the criminal justice system….
• Friday, January 12 – Quash: Courts must be vigilant on identifying false complaints

  Appeal – Facts – Findings – Complaint signatory’s parentage and address was not mentioned in the complaint – Summoning order does not show application of mind and no reasons assigned – Complainant concealed material facts – New story of forging documents built up in complaint – Case is between simple transaction of loan between…
• Friday, January 12 – BASICS OF CRIMINAL LAW – Part.2 – Elements of crime

  BASICS OF CRIMINAL LAW – Part.2 – Elements of crime. Elements of Crime – Study.1 &…
• Thursday, January 11 – BASICS OF CRIMINAL LAW – part.1

  This series of articles will give a general idea of criminal law and its basic understanding. This series will be useful for Law students and students who are preparing for exams. The essays in this series have been designed, developed and being written by group of experts for easy…
• Thursday, January 11 – BILKIS BANO CASE

  Head note:
  Incident is the aftermath of the Godhra burning train incident – The brutal offence – Gang raping the pregnant women petitioner and murdering 11 persons including two days old infant – Appeal: Bilkis/victim approached Apex court against the remission granted by the Gujarat State Government against accused 3 to 13 – Factual background – Fir, closure report and protest petition – Case transferred to CBI and CBI after investigation filed charge sheet against 20 persons – Case…
• Monday, January 8 – Cr.P.C., 1973. Notes no.7: Information to the police and their powers to investigate (Chapter XII – Part.1)

  This part no.7 will give a clear picture about how to give Information to the police and further police’s powers to investigate the same. With this reading it will be easy to learn and have ideas about the “Investigation” – These notes will be helpful for writing examination (judicial) and academic…
• Monday, January 8 – Section 319 Cr.P.C: Petition allowed on facts

  Appeal – Petition filed under section 319 cr.p.c – Petition dismissed by Trial court and allowed by High court – Apex court stated that witnesses statements recorded under section 161 cr.p.c is in line with their previous…
• Sunday, January 7 – Acquittal: Appreciation of evidence

  Head note: Appeal – Information regarding death – Surrender of accused – Case against juvenile separated – High court did not discuss evidence of PW.10 – Case is based on circumstantial evidence – Extra-Judicial confession unbelievable – PW.11 unreliable witness – No evidence as to the manner in which the witness recorded the registration number – Report the incident two days later – Weapon seen by eye-witnesses is stick doctor reported sharp-edged weapon – Witnesses seen IO recovered blue…
• Saturday, January 6 – Disbelieving dying declaration: Both dying declarations were said to have given to the interested witnesses and not properly proved

  Head note: Appeal against conviction – Hon’ble High court confirmed conviction Incident – Dying declarations of deceased – First dying declaration is to his brother – Second dying declaration is to his mother – Eye-witness (PW-13) testimony of the incident – PW-13 is an interested witness with criminal background – SOC cannot be visible from the hotel where the witness have seen the occurrence – Analysing Dying Declaration – There is no evidence in record to prove the deceased was alive and…
• Saturday, January 6 – Must have judgment for defense counsels: Prosecution cannot prove a fact during trial through witness which was not stated to the police during investigation

  Appeal – Case of the Prosecution – Trial court conclusion – Analysis and findings – Case is based on circumstantial evidence – Illicit relationship is the key motive for murder – Circumstance and opportunity – Inmates of the house must explain – Initial burden to prove circumstantial evidence is lesser than other cases – Appellant failed to offer proper and believable explanation – PW-3 saw the dead body along with the appellant – PW-3 omitted to state materials facts in her 161 Cr.P.C…
• Friday, January 5 – Procedure: Magistrates shall not return the final reports

  Head note: Madras High Court – Sec. 482 petition – To conduct investigation and file final report – Madras High Court order on returning final reports – Direction
  Sec. 482 petition – To conduct investigation and file final…
• Friday, January 5 – A must have judgment: How to appreciate Confession & circumstantial evidence?

  Appeal – Witnesses turned hostile – Recovery – DNA test – Fact discovered must lead to physical object and only that information can be proved – Recovery proves the factum of object found and the knowledge of the accused to its existence – except recovery rest of the information is to be excluded – Hypotheses presumption as to the accused’s knowledge of the hidden object – Custody includes restriction, restraint and surveillance by the police – Section 25 applies equally whether or not the…
• Thursday, January 4 – Imposed Cost: There is no infirmity in cancelling the suspension of sentence since the order of the High court was not obeyed

  Head note: Hon’ble Supreme Court – Quote of the court – Suspension of sentence cancelled – Appeal – Amount involved – Since order of the High court not obeyed, no infirmity in cancellation of suspension of sentence – Appeal dismissed with cost of rupees five lakh payable to…
• Wednesday, January 3 – Voluntarily causing Grievous hurt: Bald statement against the accused that ‘they beat me up’ without supporting material does not cover section 323 ipc

  Head note: Apex court: Appeal – Facts – Chargesheet does not contain necessary ingredients for the offence informed – High court must have exercised power under section 482 cr.p.c against the bald accusation – Bald statement against the accused that ‘they beat me up’ without supporting material does not cover section 323 ipc – Section 384 ipc ingredients not found in the charge sheet – Section 406 ipc ingredients not found in the charge sheet – Case quashed. Appeal…
• Wednesday, January 3 – False promise to marry: Marrying without witness does not imply a fraudulent marriage and having sex thereafter was the consensual one.

  Head note: Apex Court – Factual aspects – Marrying without witness and having sex does not imply a fraudulent marriage – certificate of marriage though without witness is enough to prove a…
• Wednesday, January 3 – Cr.P.C., 1973. Notes no.6: General Introduction to Inquiries and Trials – Part.4 (Criminal courts powers & administration)

  This part no.6 will give a clear picture about criminal courts powers & administration during the inquiries and trials – With this reading it will be easy to learn and have ideas about the “General introduction as to Inquiries and Trials” – Further this note will be helpful for writing examination (judicial) and academic…
• Tuesday, January 2 – Cr.P.C., 1973. Notes no.5: General Provisions as to Inquiries and Trials – Part.3 (Duties of parties)

  This part no.5 will give a clear picture about what shall be the duty of the parties (including police) during the inquiries and trials – With this reading it will be easy to learn and have ideas about the “General provisions as to Inquiries and Trials” – Further this note will be helpful for writing examination (judicial) and academic…
• Tuesday, January 2 – Cr.P.C., 1973. Notes no.4: General Provisions as to Inquiries and Trials – Part.2 (Duty of judge)

  This part no.4 will gives a clear picture of duty of the trial Judge conducting the inquiries and trials e.t.c – With this reading it will be easy to learn and have ideas about the “General provisions as to Inquiries and…
• Monday, January 1 – Cr.P.C., 1973. Notes no.3: General Provisions as to Inquiries and Trials – Part.1

  This part will gives a clear pictures of inquiry, trial, diaries used in the inquiries and trials e.t.c – With this reading it will be easy to learn and have ideas about the “General provisions as to Inquiries and…
• Monday, January 1 –  Cr.P.C., 1973. Notes no.2: A General Introduction (with powers of police)

  Cr.P.C., 1973. Notes no.2: This notes is useful for both academic and judicial examination…

2023

• Sunday, December 31 – Cr.P.C., 1973. Notes no.1: Understanding the Police Report, Investigation, and Court’s Duties in Criminal Cases

  Note No.1: This is the notes for Cr.P.C., 1973 – Useful for judicial examination and academic…
• Friday, December 29 – Secondary evidence: Document that are not properly stamped cannot be secondary evidence

  A copy of a document can be adduced as secondary evidence if other legal requirements are…
• Friday, December 29 – Section 311 Cr.P.C: Recall may be allowed if no occasion to bring relevant facts at initial deposition

  Section 311 Cr.P.C: Recall may be allowed if no occasion to bring relevant facts at initial…
• Monday, December 25 – Habeas corpus: Unexplained delay in disposing the representation made by the detenu is sufficient to set aside the order of detention

  Head note: Prayer – representation – judgments concerning delay in considering representation – quashed based on…
• Sunday, December 24 – Murder case: Based on injuries in the evidence it is doubtful that deceased would have met the witnesses

  Head note: Hon’ble Supreme Court – Murder case – Appreciation relating to dying declaration – As per evidence the deceased would have survived only for a short duration after he received the injuries –…
• Friday, December 22 – Dying declaration: Witness who recorded the dying declaration must state in his chief-examination that the doctor examined the deceased before giving fitness certificate

  Appeal – Prosecution case – Dying declaration to ASI – Evidence of doctor about dying declaration to him firstly – Nothing on record to show why the doctor would lie before the court – Prosecution Witness did not state in his chief-examination that the doctor examined the deceased before giving the fitness certificate – Doctor who gave fitness certificate was not examined by the prosecution – Hon’ble Supreme court doubted entire prosecution witnesses…
• Friday, December 22 – Dowry death: Absence of any positive viscera report is not fatal to the prosecution

  Appeal – Case of the prosecution – Conclusion of trial court and high court – Analysis – Trial court placed reliance on Modi text book – Post-mortem doctor deposes about pungent smell was found in the stomach – Viscera was received by fsl after five months – Detailed research on viscera and its report – Absence of detection of poison in viscera report is not conclusive proof – Preserved materials should be sent to the concerned FSL through the concerned police station as soon as…
• Friday, December 22 – Guidelines: If surrender of proof not provided then the registry may call for report from the trial judge

  Head notes: Apex Court – Application for exemption from surrender is rejected – Communication of surrender of accused should be communicated to the judge – If counsel does not appear in criminal case the court should appoint an amicus – Prisoners are very often unable to communicate to the outside world – Prison authorities are obliged to communicate the surrender of convict to the court – Liberty to the relatives to prefer appeal under section 394 Cr.P.C – Guidelines given if…
• Thursday, December 21 – Default bail: Failure to produce the accused for extension of time for investigation and custody is in violation of Article 21

  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…
• Wednesday, December 20 – Bail: Court can contemplate statements recorded under sections 161 and 164 Cr.P.C while deciding bail for the purpose of prima facie in grave offences

  Head note: High court did not consider sections u/s 161 and 164 Cr.P.C for considering prima facie in grave offences – Bail cancelled
  Leave…
• Tuesday, December 19 – PONMUDI MINISTER CASE: As per section 13(1)(e)P.C Act 1988, the person holding the properties on behalf of the public servant should also liable to explain the source

  Head note: Appreciation of trial court judgment – Trial court conclusion on Accused-2 – Trial court has accepted the version of the defence and not P.W.33 – To disbelieve the state public works department valuation report there must be a better reasonable and intelligible opinion should be examined on the side of defence – Section 45 Indian Evidence Act – Section 24 of the Income Tax Act – Conclusion of High Court on 30% deduction is as to avoid income tax only – High court holds that opinion…
• Tuesday, December 19 – Appeal: Section 378(4) Cr.P.C the dismissal of complaint shall file before District court and not before high court

  Head note: Dismissal of complaint shall file before District court and not before high…
• Monday, December 18 – Copy of complaint shall be accompanied with the summons as per section 204(3) Cr.P.C and Rule. 25(4) Criminal Rules of Practice, 2019

  Head note: Copy of complaint shall be accompanied with the summons as per section 204(3) Cr.P.C and Rule. 25(4) Criminal Rules of Practice,…
• Monday, December 18 – Sudden provocation: Not a premeditated murder or the appellant had the intention to commit the murder.

  Headnote : Attacked by the owner for feeding puppies – succumbed to injuries – sentenced to life imprisonment by trial court – Modification of life…
• Sunday, December 17 – Cross-Examination: Disallowing questions in cross-examination will prejudice the accused

  Head note: Though appellate court has to re-appreciate the evidence but if contrary view is possible it cannot interfere with the order of acquittal – Cross-Examination: Disallowing questions in cross-examination will prejudice the…
• Sunday, December 17 – PMLA arrest: Written communication about the grounds of arrest reasonably within 24 hours of his arrest is sufficient compliance of both section 19(1) PMLA and Article 22(1) Constitution of India.

  Head note: Written communication about the grounds of arrest reasonably within 24 hours of his arrest is sufficient compliance of both section 19(1) PMLA and Article 22(1) Constitution of India – Vijay Madanlal Choudhary and Others vs. Union of India and Others holds the…
• Saturday, December 16 – s. 138 Appeal against conviction: Proclaimed offender can recall the proclamation by paying the amount directed by court

  Head note: Cheque case conviction – Appeal admitted with the direction to deposit 20% of the total cheque amount – Accused deposited rupees thirty…
• Saturday, December 16 – Common intention [section 34 IPC]: Since appellant were together there was time available for meeting of minds

  Head note: Section 34 IPC – vicarious liability – Example – Not in every case adverse inference can be taken for withholding the witness – Merely no attempt to save the deceased cannot be said unnatural conduct – Appellants were together hence there was time available for meeting of…
• Friday, December 15 – Section 389(1) Cr.P.C: Allowing a convicted parliamentarian to attend parliamentary proceedings – Majority view (two judges) suspended the conviction; Minority view (single judge) judgment is denied to stayed the conviction by upheld the H.C

  Head note: As per majority views [Surya Kant J and Ujjal Bhuyan J] S. 389(1) Cr.P.C – stay of conviction where conviction, if allowed to operate would lead to irreparable damage and where the convict cannot be compensated in any monetary terms or otherwise, if he is acquitted later on, that by itself carves out an exceptional situation – As per minority view [Dipankar Datta J]: In the absence of a stay of conviction having been sought and an order to that effect having been passed, an order…
• Friday, December 15 – Murder case acquittal: Death of deceased as per fir is with knife but the postmortem suggests firing from close range

  Head note: Apex Court – Consideration of findings of two courts – Sole-eye witness is not the actual eye-witness – Conduct of the father towards son being assaulted and kidnapped is not believable – Death of deceased as fir is with knife but the postmortem suggest firing from close range – Presence of eye-witness doubtful – Complainant is most interested witness having long enmity with the accused persons – Appeal dismissed – acquittal…
• Friday, December 15 – PMLA: It is not necessary bail should be granted because the accused is woman

  Head note: Apex Court – Appreciation of bail – Bail may be denied if complaint gives prima facie case – Charge sheet could never be the final conclusion of PMLA offence – Rupees 1 lakh costs imposed for misrepresentation of…
• Wednesday, December 13 – Multiple firs against single accused is directed to be tried by one court

  Head note: Petitioner sought for consolidation the multiple firs – consolidation of firs to be tried in one court…
• Wednesday, December 13 – Murder case acquittal: Alcohol presence is in the body and chance of fell from a grown high tree

  Head note: Presence of witnesses during the assault were not examined – Prosecution did not submit medical records to prove that the deceased was assaulted by a rubber stick – Since presence of alcohol is in the body and there is every chance of fell from a grown high tree – Mere absconding cannot establish guilt or…
• Tuesday, December 12 – Quash: Alleged substance is not only drug so also food under the Food and safety act

  Head note: Alleged substance is not only drug so also food under the Food and safety act – Respondent did not prove that the alleged substance is only drug and not food – Fours years delay of initial investigation and filing the…
• Tuesday, December 12 – Section 362 Cr.P.C: section 362 Cr.P.C would not prohibit the court to modify the bail order

  Head note: Apex Court – Thus, an order rejecting prayer for bail does not disempower the Court from considering such plea afresh if there is any alteration of the circumstances. Conditions of bail could also be varied if a case is made out for such variation based on that factor. Prohibition contemplated in Section 362 of the Code would not apply in such…
• Tuesday, December 12 – N.I Act: S.143A (interim compensation during trial) cannot be ordered before accused ‘plead guilty’

  Head note: Apex Court has held that the order directing the accused to pay the interim compensation shall be ordered only after the accused plead guilty and not before that even after his appearance on his…
• Monday, December 11 – Recall witness: Petitioner did not file defer petition nor assigned any reasons in the petition.

  Head note: Madras High Court – deprecating the practice of filing already printed form for section 311 Cr.P.C for recall of petition – also, petitioner did not file defer petition – Petition…
• Monday, December 11 – Bio-Medical Waste Rules: Transporting untreated Bio-Medical waste stored more than 48 hours should be stopped with iron hand.

  Head note: Madras High Court – Transporting untreated Bio-Medical waste stored more than 48 hours should be stopped with iron hand – Trial judge without considered all the aspects and erroneously passed the impugned order to release the…
• Sunday, December 10 – Murder case acquittal: Strangulation established but failed to connect the accused with the crime

  Madras High Court after thorough analysis of the trial court judgment has converted the Life sentence (conviction) into acquittal – Death by strangulation established by the prosecution but failed to connect the accused and the crime – Though the Hon’ble Division Bench has set aside the conviction, sustained the compensation awarded to the deceased’s daughter.
  Criminal…
• Sunday, December 10 – Section 451 Cr.P.C: Trial court ought to have returned the jewels and cash to the custodian of the properties who was entrusted with the same and lost it.

  Head note: Madras High Court – In the case on hand the petitioner is the custodian of the jewels and cash whose owners are different persons and entrusted the same with the petitioner – When the petitioner carry the same accused persons have abducted the petitioner and robbed the properties – FIR registered – accused were arrested with all the jewels and cash – When the petitioner filed petition for disposal/return of property to him u/s 451 Cr.P.C, trial court dismissed the petition –…
• Saturday, December 9 – Prevention of Corruption: Once the undue advantage is proved court is entitled to raise the presumption under this act

  Head note: Apex Court – P.C Act – section 20 presumption – accused did not rebut the case by taking correct defence – defence did not tally with the complainant’s statement recorded u/s 164…
• Saturday, December 9 – QUASH: How to find out and appreciate the fir being registered with ulterior motive?

  Head note: (1) Once the complainant decides to proceed against the accused with an ulterior motive for wreaking personal vengeance, etc., then he would ensure that the FIR/complaint is very well drafted with all the necessary pleadings – The complainant would ensure that the averments made in the FIR/complaint are such that they disclose the necessary ingredients to constitute the alleged offence.
  (2) Threatening a person to give false evidence – Happened before a Court of Law – Section 195A…
• Friday, December 8 – Magistrate has no power to direct the investigating authority to file additional charge sheet

  Head note: Accused has no locus standi during investigation and he cannot insist for hearing before process issued to him – Magistrate exceeded jurisdiction by directing the i.o to file additional charge…
• Friday, December 8 – Section 498A IPC: Unless there is threatening to marital life no other materials are sufficient to implicate a person for cruelty.

  Head note: One instance unless portentous, in the absence of any material evidence of interference and involvement in the marital life of the complainant, may not be sufficient to implicate the person as having committed cruelty under section 498A of the…
• Thursday, December 7 – As per Tamil Nadu Liquor (Possession for Personal Consumption) Rules, 1996, a person is entitled to possess 4.5 litres of Indian made foreign spirits

  Head note: Hon’ble Madras High Court – Justice Nirmal Kumar J – Return of Property – Alcohol – TN Prohibition Act – Petitioner was found in possession of Copper – Brandy bottles each containing 180 ml of brandy in total 720 ml of brandy – As per TN Liquor (Possession for Personal consumption) Rules, 1996, a person is entitled to possess 4.5 litres of Indian made foreign spirits – Hence, the case against the petitioner itself questionable one – Hon’ble Directed to release the…
• Wednesday, December 6 – Sudden provocation: Overt act of killing the deceased happened during a fit of anger in the heat of a passionate verbal quarrel and would fall under Exception 4 to Section 300 IPC

  Head note: Apex Court – Moreover, the clear intent needed to prove culpable homicide amounting to murder has also not been established by the prosecution – Overt act of killing the deceased happened during a fit of anger in the heat of a passionate verbal quarrel and would fall under Exception 4 to Section 300…
• Wednesday, December 6 – WRONG: A wrongful contract may constitute both civil wrong and criminal offence

  Head note: Apex Court – High Court after a detailed examination and evaluation quashed the criminal case – Supreme Court is of the opinion that the said examination and evaluation should not have been done by the High Court – Finally set aside the quash order and directs the Investigation Officer to keep in mind all the rulings regarding 420 and other relevant sections during…
• Monday, December 4 – Concurrent sentencing: Madras High Court directs to run sentences in two different cases concurrently under section 482 Cr.P.C

  Criminal Original Petition filed under Section 482 of the Criminal Procedure Code for concurrent sentencing of two different cases. The Hon’ble Madras High Court has directed to run sentences in two separate or different cases concurrently under section 482…
• Sunday, December 3 – Quash: SC/ST and section 307 IPC case set up by the prosecution does not reveal the offences

  Head note: Apex Court – Discharge petition u/s 227 Cr.P.C has been filed by the accused for section 14A(1) SC/ST Act – IPC offences were also added in the FIR – Apex court after perusing the records has held that there is no offence traceable for SC/ST or offence for ten years under IPC – Hence, SC/ST charge quashed and other offences are not…
• Sunday, December 3 – Section 306 IPC: The act of instigation must be of such intensity to drive deceased to commit suicide

  Head note: Apex Court – DECEASED COMMITTED SUICIDE DUE TO THE ISSUE OF NON-REPAYMENT OF MONEY – THE ACT OF INSTIGATION MUST BE OF SUCH INTENSITY THAT IT IS INTENDED TO PUSH THE DECEASED TO SUCH A POSITION UNDER WHICH HE OR SHE HAS NO CHOICE BUT TO COMMIT…
• Sunday, December 3 – Section 34 IPC: To attract common intention Co-Accused need not have engaged in discussion or agreement for conspiracy

  Head note: Apex Court – Common intention does not mean that the co-accused persons should have engaged in any discussion or agreement so as to prepare a plan or hatch a conspiracy for committing the offence – common intention is a psychological fact and it can be formed a minute before the actual happening of the incidence or as stated earlier even during the occurrence of the…
• Saturday, December 2 – Section 304 Part II IPC: Though cause of death is due to injuries no intention found

  Head note: Hon’ble Supreme Court – From the records Hon’ble Supreme Court has found 9 injuries – Injuries may be happened by blunt side of the weapon – From the records no intention to cause death found – Hence, conviction modified from section 304 part 1 into section 304 part…
• Friday, November 24 – The Juvenile Justice Care and Protection Of Children Act, 2000 – An Analysis (Having Deep Connection With Juvenile Justice (Care And Protection Of Children) Act, 2015)

  Author: P.G RAJAGOPAL B.A.B.L. ADDITIONAL DISTRICT AND SESSION JUDGE (FAST TRACK COURT NO. V) COIMBATORE, AT TIRUPPUR. Retired. This article was published in the Law Weekly (Criminal) journal – 2007(2) LW (crl)…
• Monday, November 20 – Protest petition cannot be filed against the order of the Magistrate taking cognizance

  Head note: Apex Court: In the present case originally charge-sheet has been filed against all the 4 accused – But, CJM has taken cognizance against only one accused and left all other accused – When this came to the complainant’s notice he has file a protest petition against the order taking cognizance – Based on that petition CJM took cognizance against other accused and issued summons – Hon’ble High Court refuse to set aside the petition – Hon’ble Supreme Court has quashed the second order…
• Saturday, November 18 – Article: Questioning “Whence” – Right or Wrong?

  Author’s quote: My senior constantly advises me to read the section first, take it as it is, understand it as it is, and if I still have doubts try other…
• Tuesday, November 14 – Rarest of rare case: It is not necessary only death sentence to be awarded in rarest of rare cases

  These appeals challenge the judgment and order dated 22nd February 2017, passed by the Division Bench of the High Court of Judicature at Allahabad in Capital Case Nos. 3359 and 3520 of 2015 with Reference No. 9 of 2015 and Criminal Appeal No. 3519 of 2015, thereby dismissing the appeals filed by appellant Madan and…
• Tuesday, November 14 – Conviction upheld under section 302 IPC and sections 55, 57 Abkari Act

  Conviction upheld under section 302 IPC and sections 55, 57 Abkari…
• Monday, November 13 – Drugs & Cosmetics Act, 1940: If seller proves that he acquired the drug or cosmetic from a duly licensed manufacturer, distributor or dealer. He shall not be liable for a contravention of section18 of the Act

  Prayer Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records pertaining in C.C. No.03 of 2008 on the file of the learned XV Metropolitan Magistrate, George Town, Chennai and quash the same. The Drug Inspector, Park Town I Range, on 25.10.2005 conducted search and seized AMOXYCILLIN…
• Monday, November 13 – POCSO Case: Petition for compromise quash filed by the victim herself stating she wants to marry some other person: Madras High Court after enquiry dismissed the petition on impression that the petitioner was not filed the petition voluntarily

  PRAYER FOR COMPROMISE FILED BY THE VICTIM IN POCSO CASE Criminal Original Petition has been filed under Section 482 of Cr.PC to call for the records made in Spl.S.C.No.138 of 2023 pending on the file of the Fast Track Mahila Court at Tiruvallore and quash the same. A 16 years old girl was subjected to…
• Monday, November 13 – Section 138: When transaction already is within N.I Act then the transaction does not come within section 4 of the Tamilnadu prohibition of charging exorbitant interest Act, 2003

  Section 138: When transaction already is within N.I Act then the transaction does not come within section 4 of the Tamilnadu prohibition of charging exorbitant interest Act,…
• Saturday, November 11 – Section 11 Evidence Act: Appreciation of plea of alibi

  Section 11 Evidence Act: Appreciation of plea of…
• Friday, November 10 – Dying declaration: Section 304-B IPC – Wife poured kerosene and the husband taking undue advantage lighted with matchstick and hence murder

  Both the above statements, if read together, would reveal that on the fateful day, the appellant had assaulted the deceased wife under the influence of alcohol. He even struck a blow on her chest and pushed her. At the time of the said incident, the children were playing in the courtyard. When the assault of the appellant became unbearable, she took the cane of kerosene from kitchen and poured it on her body whereupon her husband lighted a matchstick and burnt…
• Thursday, November 9 – S. 21(4) NIA, Act: Order passed relying on Wikipedia by court unsustainable

  S. 21(4) NIA, Act: Order passed relying on Wikipedia by court…
• Thursday, November 9 – Acquittal: Motive and circumstantial evidence explained

  Acquittal: Motive and circumstantial evidence…
• Thursday, November 9 – Section 167(2) Cr.P.C: Default bail surety cannot be furnished after final report submitted

  Section 167(2) Cr.P.C: Default bail surety cannot be furnished after final report…
• Wednesday, November 8 – Section 389 (1) Cr.P.C: If suspension of sentence is listed the advocate for the accused is not expected to argue the appeal

  If suspension of sentence is listed the advocate for the accused is not expected to argue the…
• Wednesday, November 8 – Dying declaration: Section 32 – Dying declaration cannot be believed if it is in impeachable quality

  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 guilt of the appellant beyond a reasonable doubt. The appeal succeeds and the impugned orders are quashed and set aside. The appellant…
• Wednesday, November 8 – Non-explanation of injuries inflicted on the accused is serious to the prosecution case

  Non-explanation of injuries inflicted on the accused is serious to the prosecution…
• Tuesday, November 7 – Dying declaration: Section 32 & 27 Evidence Act Appreciation of dying declaration (many persons around) & recovery from open place

  Head note: – Many persons around -Well then, who recorded the same?, What was his name?, What was his designation if he was a police personnel? remains unstated by her. Significantly, this witness also does not testify to the correctness or otherwise of the contents thereof. It was testified that at the time of recording of such statement “there were many persons around”. Who these persons were, is another aspect that remains unclear. Whether these persons were examined is unknown. The…
• Thursday, November 2 – Section145 Evidence Act – How not to contradict a wintess?

  A classic judgment to note the procedure how not to contradict the witness with the witness’s previous statement….
• Saturday, October 28 – Police has the bounden duty to register fir once direction received under section 156(3) Cr.P.C

  Police has the bounden duty to register fir once direction received under section 156(3)…
• Friday, October 27 – Whether bail has to cancel if witness(es) turned hostile?

  2. This criminal appeal arises out of an order dated 12.08.2020 passed by the High Court of Karnataka at Bengaluru, whereby Respondent No.1 was granted regular bail in trial proceedings numbered S.C. 1111/2021, pending before Ld. Addl. City Civil and Sessions Judge, Bengaluru. The said trial has emanated from Crime No. 151/2019 dated 21.12.2019 registered…
• Monday, October 23 – Land grabbing: Transfer of Land grabbing cases ordered by Hon’ble High Court of Madras quashed

  Head note: G.O of creating of Land Grabbing cell in Tamil Nadu – High court of Madras set aside G.O and directed to enact a legislation – Supreme Court stayed the High Court of Madras order – High Court of Madras on a Criminal Original Petition has transferred the case from Land Grabbing court to CCB court – High Court in further direction has directed transfer of 82 pending cases from Special courts to jurisdictional courts – Apex Court quashed the order of transferring cases from Special…
• Monday, October 16 – NDPS Act: Seized substance in the presence of gazetted officer not certified by the magistrate has no evidentiary value

  NDPS Act: Seized substance in the presence of gazetted officer not certified by the magistrate has no evidentiary…
• Monday, October 16 – Section 9 Evidence Act: Test identification parade not proved

  Section 9 Evidence Act: Test identification parade not…
• Monday, October 9 – Burden of proof (section 106 Evidence Act) and explaining circumstance and (section 313 Cr.P.C)

  Burden of proof (section 106 Evidence Act) and explaining circumstance and (section 313…
• Tuesday, October 3 – Article: Whether the Public Prosecutor can contradict his own witness (partly)?

  This article gives a clear picture on contradicting one’s own witness when the witness does not support the case. In other words this article explains how to contradict a hostile…
• Sunday, October 1 – Section 24 Evidence Act: All about extra judicial confession

  Confessions may be divided into two classes, i.e. judicial and extra judicial. Judicial confessions are those which are made before Magistrate or Court in the course of judicial proceedings. Extra judicial confessions are those which are made by the party elsewhere than before a Magistrate or Court. Extra judicial confessions are generally those made by…
• Friday, September 29 – Dying Declaration: Disbelieving the dying declaration recorded (appreciation)

  Head note: The relative boys of the deceased admitted that they had told the deceased whatever they had to tell – Further, they accompany them to record the deceased statement – Also witness admitted that those 2-3 boys were related to the deceased and some other persons were also in the room in which he recorded the statement of the deceased – Hence, disbelieved the dying…
• Wednesday, September 27 – Appreciation of evidence in appeal against acquittal

  Appreciation of evidence in appeal against acquittal – High court how to decide an appeal against acquittal:…
• Sunday, September 17 – Charge under section 149 IPC would be attracted even tried separately

  Charge under section 149 IPC would be attracted even tried…
• Sunday, September 17 – Right to summon documents cannot be available after s. 313 Cr.P.C statement has been recorded

  In this appeal, MD. Ghouseuddin challenges the High Court’s decision to reverse the Trial Court’s order on summoning documents. Learn more…
• Sunday, September 17 – Section 321 Cr.P.C: Withdrawal of prosecution

  Section 321 Cr.P.C: Withdrawal of…
• Saturday, September 16 – Section197 Cr.P.C: Sanction is required only to take cognizance by courts and not to file final reports

  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…
• Saturday, September 16 – Section 145 Evidence Act: No court should allow a witness to be contradicted by reference to the previous statement in writing or reduced to writing unless the the procedure set out in section145 of the Evidence Act

  How to contradiction a witness by a court is being explained in this judgment….
• Saturday, September 16 – Limitation of filing charge sheet unless extended by the law does not applies to custody under section 167(2) Cr.P.C

  Limitation of filing charge sheet unless extended by the law does not applies to custody under section 167(2)…
• Wednesday, September 13 – Fir can be filed even a complaint or petition under section 156(3) Cr.P.C is pending on same set of facts

  Fir can be filed even a complaint or petition under section 156(3) Cr.P.C is pending on same set of…
• Wednesday, September 13 – Section 32 IPC: Common intention on facts

  Section 32 IPC: Common intention on…
• Tuesday, September 12 – Scope and applicability of section357(2) Cr.P.C

  Scope and applicability of section357(2)…
• Tuesday, September 12 – Protest petition: Even in a case where the final report of the police under section 173 crpc is accepted and the accused persons are discharged the magistrate has the power to take cognizance of the offence on a complaint or a protest petition on the same or similar allegations

  Protest petition: Even in a case where the final report of the police under section 173 crpc is accepted and the accused persons are discharged the magistrate has the power to take cognizance of the offence on a complaint or a protest petition on the same or similar…
• Tuesday, September 12 – Section 193 Cr.P.C – Why a sessions court cannot take cognizance of an offence even though such an offence exclusively triable by that court? Explain the exceptions to same with illustrations?

  Understanding the Significance of Second Cognizance – Learn about the procedure and implications of taking cognizance of an offence in the legal system. second…
• Monday, September 11 – During a criminal trial, the counsel appointed by the victim takes over the prosecution from the state prosecution examine the same in the light of the legal provisions

  Explore the legal provisions regarding victim’s rights in criminal proceedings. Learn about the role of third parties in assisting prosecution and submitting…
• Monday, September 11 – Bail: Bail can be granted despite the presence of the accused if he is in police custody

  Bail: Bail can be granted despite the presence of the accused if he is in police…
• Sunday, September 10 – Section 306 IPC: Prosecution did not sought opinion as to the death to show whether it was suicide or accidental

  Prosecution did not sought opinion as to the death to show whether it was suicide or…
• Friday, September 8 – A delayed in fir in absence of proper explanation give opportunity for deliberation and guess work

  A delayed in fir in absence of proper explanation give opportunity for deliberation and guess…
• Friday, September 8 – Section 304B IPC: Husband killed wife out of altercation concerning wife having developed love affair with neighbour

  Section 304B IPC: Husband killed wife out of altercation concerning wife having developed love affair with…
• Friday, September 8 – Section 138 NI Act: Cheque itself is a promise to pay even if the debt is barred by time

  Section 138 NI Act: Cheque itself is a promise to pay even if the debt is barred by…
• Sunday, September 3 – Draftsmen intention behind Section 301 & 302 CrPC

  Understanding the provisions of sections 301 and 302 of the Code is crucial for legal professionals. This article delves into the details and implications of these sections for Magistrates and other…
• Saturday, September 2 – Duty of the court to give a reasonable time to the advocate appointed to go through the file and get ready to assist the court

  Court must grant time to the newly engaged advocate to prepare his or her…
• Saturday, September 2 – Section 498A IPC: Cruelty case: Court must be careful and curtail the tendency of implicating husband and his immediate relations in complaint which is not uncommon also high court has power to quash the fir even after filing of charge sheet

  Section 498A IPC: CRUELTY CASE: Court must be careful and curtail the tendency of implicating husband and his immediate relations in complaint which is not uncommon also high court has power to quash the fir even after filing of charge…
• Tuesday, August 29 – Section 323 Cr.P.C/ 362 BNSS: Trial court can commit the case once the chief-examination itself is over and not to wait till cross-examination

  Section 323 Cr.P.C/ 362 BNSS: Trial court can commit the case once the chief-examination itself is over and not to wait till…
• Tuesday, August 29 – Section167(2) Cr.P.C: 60 or 90 days shall be calculated from the date of magistrate authorizes the remand

  Section167(2) Cr.P.C: 60 or 90 days shall be calculated from the date of magistrate authorizes the…
• Monday, August 28 – Time limit to furnish bail bond and sureties in default bail

  Time limit to furnish bail bond and sureties in default…
• Sunday, August 27 – Section 173(2) Cr.P.C: Investigation agency has no obligation to file the charge sheet/reports in the language of the court

  Section 173(2) Cr.P.C: Investigation agency has no obligation to file the charge sheet/reports in the language of the…
• Sunday, August 27 – Section 432 Cr.P.C: Government’s power to suspend or remit the sentence

  Section 432 Cr.P.C: Government’s power to suspend or remit the…
• Wednesday, August 23 – How to mark documentary evidence? FIR is a public document and also a dying declaration

  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…
• Wednesday, August 23 – Section 24 Evidence Act: How to approach extra-judicial confession?

  Section 24 Evidence Act: How to approach extra-judicial…
• Tuesday, August 22 – INFORMATIONS ON FIRST INFORMATION REPORT

  First Information Report is the very basis of all the criminal cases. Only after registration of the FIR, the investigating agency derives the power of investigation. So, the FIR is the basis and foundation of all criminal cases. Entire super-strecture of the prosecution is built up only on FIR. If FIR is subjected to close…
• Monday, August 21 – Section 426 Cr.P.C covers the case of an escaped convict

  Section 426 Cr.P.C covers the case of an escaped…
• Monday, August 21 – INTERLOCUTARY AND INTERMEDIATE ORDERS IN THE REALM OF REVISIONAL JURISDICTION OF CRIMINAL COURTS

  INTRODUCTION It is to be pointed out that all the orders of criminal court are subjected to scrutiny of Hon’ble High Court and Hon’ble Supreme Court. In the Code, there are Revisional, Appellate jurisdiction besides inherent power u/s. 482 Cr.P.C., and complete superintendence of subordinate criminal court u/s. 438 Cr.P.C., have been given in order…
• Sunday, August 20 – Section 120B IPC: There cannot be a conspiracy by only one accused

  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…
• Saturday, August 19 – Police custody does not mean first 15 days only

  Police custody does not mean first 15 days…
• Friday, August 18 – Only revision lies against the order dismissal of statutory bail under section 167(2) Cr.P.C

  Only revision lies against the order dismissal of statutory bail under section 167(2)…
• Friday, August 18 – Section 4 Cr.P.C

  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,…
• Thursday, August 17 – Official witnesses can nay be discarded simply because independent witnesses were not examined

  Official witnesses can nay be discarded simply because independent witnesses were not…
• Sunday, August 13 – Section 27 Evidence Act: Disclosure statements are per se not an individual evidence without corroboration to secure conviction

  In this analysis, the court questions the evidentiary value of disclosure statements in securing convictions, highlighting the need for supporting…
• Tuesday, August 8 – Discharge: Discharge application cannot be filed after the trial starts

  Discharge: Discharge application cannot be filed after the trial…
• Saturday, July 29 – Murder: What is ‘cruel’ under exception 4 of section 300 IPC?

  There was a sudden fight over seniority when the appellant and the deceased had consumed liquor. There was no premeditation. The appellant, in the facts of the case, cannot be said to have acted in such a cruel manner which will deprive him of the benefit of exception 4 to Section 300 of IPC. The term cruel manner is a relative term. Exception 4 applies when a man kills another. By ordinary standards, this itself is a cruel act. The appellant fired only one bullet which proved to be fatal. He…
• Saturday, July 29 – Procedure to impound passport

  Procedure to impound passport -…
• Saturday, July 29 – Bail principles: Explained

  Bail principles:…
• Wednesday, July 26 – Bail & Condition: Court cannot impose condition to deposit money while releasing in default bail

  Bail & Condition: Court cannot impose condition to deposit money while releasing in default…
• Tuesday, July 25 – POCSO: Acquitted based on victim’s statement recorded under section 164 Cr.P.C

  POCSO: Acquitted based on victim’s statement recorded under section 164…
• Tuesday, July 25 – Sentencing policy: Explained

  Sentencing policy explained in this…
• Tuesday, July 25 – Scope of section 52A of the NDPS ACT, 1985

  Scope of section 52A of the NDPS ACT,…
• Monday, July 24 – Appeal against acquittal: Explained

  Appeal against acquittal:…
• Monday, July 24 – Section 6 Evidence Act: Res-Gestae and its appreciation

  We must record here that the High Court has disbelieved the prosecution’s case about the existence of motive. The prosecution’s case was that the deceased had seen the appellant and PW12 in a compromising position and therefore, they held a grudge against the deceased. After considering the evidence of PW3, PW18 and PW22 on the…
• Sunday, July 23 – BAIL ORDER

  4. The facts in the present matter are not in dispute. 5. A judgment came to be delivered by this Court, on 24th June 2022, in the case of Zakia Ahsan Jafri v. State of Gujarat and another [2022 (9) SCALE 385], wherein at paragraph 88, this Court observed thus:- “88. While parting, we express…
• Sunday, July 23 – Section 299 IPC: Culpable homicide explained

  The phraseology of Sections 299 and 300 respectively of the IPC leaves no manner of doubt that under these Sections when it is said that a particular act in order to be punishable be done with such intention, the requisite intention must be proved by the prosecution. It must be proved that the accused aimed or desired that his act should lead to such and such consequences. For example, when under Section 299 it is said “whoever causes death by doing an act with the intention of causing…
• Sunday, July 23 – Acquittal based on appreciation of evidence

  In this appeal, the accused challenges the conviction for murder based on lack of evidence. The case examines whether the witnesses actually saw the…
• Wednesday, July 19 – Protest petition & cognizance: Cognizance taken on the further investigation petition filed under section 173(8) Cr.P.C as protest petition is correct

  Protest petition & cognizance: Cognizance taken on the further investigation petition filed under section 173(8) Cr.P.C as protest petition is…
• Monday, July 17 – All about sanction and approver

  Pardon &…
• Saturday, July 15 – Section 173(2) Cr.P.C: The opinion in the final report would not have a bearing on the claim petition

  Section 173(2) Cr.P.C: The opinion in the final report would not have a bearing on the claim…
• Friday, July 14 – Appreciation on fire arm cases

  Appeal 1. These appeals challenge the judgment and order of the High Court of Punjab and Haryana, dated 4th February 2010, in Criminal Appeal No. 430-DB of 2001, upholding the conviction and sentence imposed upon the accused – appellants herein by the Additional Sessions Judge, Bathinda (hereinafter referred to as “Trial Court”), for the offence…
• Friday, July 7 – Section 308 IPC modified into section 338 IPC

  Section 308 IPC modified into section 338…
• Thursday, July 6 – Section 6 of POCSO Act leave no discretion to the court to impose minimum sentence

  Section 6 of POCSO Act leave no discretion to the court to impose minimum…
• Tuesday, July 4 – Bail condition: Concerned court may consider for misappropriated money should be allowed to be deposited before the order of Anticipatory bail or bail

  Appeal against bail condition under Cr. PC section 438. High Court granted bail subject to deposits. Examining legality of conditions imposed. Court precedents…
• Monday, July 3 – Acquittal by using entire procedures available to disprove the prosecution case

  Acquittal by using entire procedures available to disprove the prosecution…
• Monday, July 3 – Section 41 Cr.P.C: Arrest is the prerogative of police and not mandatory even after dismissal of Anticipatory Bail

  Section 41 Cr.P.C: Arrest is the prerogative of police and not mandatory even after dismissal of Anticipatory…
• Monday, July 3 – Police summons under section 160 Cr.P.C cannot be sent against the accused

  Police summons under section 160 Cr.P.C cannot be sent against the…
• Sunday, July 2 – Police summons: Police may summon parties during preliminary inquiry

  Police summons: Police may summon parties during preliminary…
• Sunday, July 2 – Section 376 IPC: Rape not proved by the prosecution

  Rape not proved by the…
• Tuesday, June 27 – Section 106 Evidence Act: Yardstick in convicting accused in circumstantial evidence invoking s.106 Evidence Act

  Appeal This appeal assails the judgment and order of the High Court of Punjab & Haryana (for short the High Court) dated 01.05.2012 rendered in Criminal Appeal No. 372 of 2002, whereby the judgment and order of the trial Court convicting and sentencing the respondent (Kewal Krishan) under Section 302, IPC has been set aside…
• Monday, June 26 – Police Summons: Police can issue summon under section 160 and 91 Cr.P.C only in the course of investigation after an fir is registered under section 154 Cr.P.C

  In this legal case, the respondent failed to comply with a court order, leading to the issuance of a contempt notice. The respondent’s actions have raised serious concerns about the misuse of legal…
• Sunday, June 25 – Complaint: Validity of second complaint

  Complaint: Validity of second…
• Sunday, June 25 – Section 84 IPC: Insanity and how to prove the same

  Section 84 IPC: Insanity and how to prove the…
• Sunday, June 25 – Murder appeal: Appeal against conviction of gruesome murder of children and causing disappearance of evidence

  APPEAL GROUNDS – facts of the case – THE SCOPE AND WIDTH OF THIS APPEAL – The principles relating to circumstantial evidence; burden of explanation; hostile witness; and motive – APPLICATION OF THE RELEVANT PRINCIPLES TO THE FACTS OF THIS CASE – PLEA OF MENTAL INCAPACITY OF THE APPELLANT – PLEA OF INSANITY NOT PROVED -…
• Saturday, June 24 – N.I ACT: Initiation of criminal proceeding under sections 138 &141 N.I Act is covered under moratorium provision [U/S 14 IBC]

  N.I ACT: Initiation of criminal proceeding under sections 138 &141 N.I Act is covered under moratorium provision [U/S 14…
• Friday, June 23 – Section173(2) Cr.P.C: Police has no option but to include non-cognizable offence in the charge sheet

  In a case involving non-cognizable offences, the High Court overlooked the legal fiction allowing police to investigate both non-cognizable and cognizable…
• Friday, June 23 – Final report: Section 190(1)(b) Cr.P.C: Magistrate is empowered to take cognizance even on the closure report (final report) filed and may issue process to the accused

  Final report: Section 190(1)(b) Cr.P.C: Magistrate is empowered to take cognizance even on the closure report (final report) filed and may issue process to the…
• Thursday, June 22 – Section 294b IPC: Absence of words involve arousing sexual thoughts or feelings or words cannot attract offence

  Section 294b IPC: Absence of words involve arousing sexual thoughts or feelings or words cannot attract offence….
• Thursday, June 22 – Court cannot read s. 164 Cr.P.C statement and compare the same with evidence

  Court cannot compare 164 statement with her evidence directly 13. The Prosecutrix more or less reiterated the same facts in her evidence. In the cross examination she stated that one of the miscreants “jumped” on the rickshaw and threatened her at the point of knife that she would be killed if she raises any hue…
• Wednesday, June 21 – Burden of proof and onus of proof

  Distinction between burden of proof and onus of proof is…
• Monday, June 19 – People gathered for democratic protest is not an unlawful assembly

  People gathered for democratic protest is not an unlawful…
• Monday, June 19 – Section 138 NI Act: Unless the firm is added as primary accused the partner cannot be fasten vicarious criminal liability for firm

  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 company is added as accused the partner of the firm/company cannot be added as accused using vicarious liability in cheque…
• Sunday, June 18 – Section 138 NI Act: Cheque filled by the complainant is not forgery

  Section 138 NI Act: Cheque filled by the complainant is not…
• Sunday, June 18 – Murder case acquittal

  FACTS – DELAY IN SENDING THE FIR – ANTI-TIMED FIR – NO EXPLANATION TO WITHHOLDING OF THE ACCUSED CLOTHES AND CYCLE – CIRCUMSTANCES AFFECTING…
• Tuesday, June 13 – Sanction: How sanctioning authority shall examine the case presented before him?

  Understanding the process of examining cases by sanctioning authorities. Learn the steps involved….
• Monday, June 12 – Class -1 – Code of Criminal Procedure, 1973 – Introduction

  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…
• Sunday, June 11 – Appreciation of evidence explained

  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…
• Monday, June 5 – Recording reason is necessary while issuing direction to pay the interim compensation under section 143A(1) of N.I Act

  Recording reason is necessary while issuing direction to pay the interim compensation under section 143A(1) of N.I…
• Monday, June 5 – S. 138 N.I Act would note attract if the part payment made before encashment of the cheque issued for the original amount

  The first respondent has made part-payments after the debt was incurred and before the cheque was encashed upon maturity. The sum of rupees twenty lakhs represented on the cheque was not the ‘legally enforceable debt’ on the date of maturity. Thus, the first respondent cannot be deemed to have committed an offence under Section 138 of the Act when the cheque was dishonoured for insufficient…
• Sunday, June 4 – If the judgment is not available on record then the declaration of the result cannot tantamount to a judgment as prescribed in the Cr.P,C

  A member of the State Bar Council sent a complaint to the Registry of the High Court of Chhattisgarh, Bilaspur alleging that learned trial judge had acquitted the accused persons but no judgment had been rendered. The Registrar (Vigilance) of the High Court issued a memorandum to the District and Sessions Judge, Surguja at Ambikapur…
• Sunday, June 4 – Section 362 Cr.P.C does not apply to the judgment not sealed and signed though dictated in the open court

  Section 362 Cr.P.C does not apply to the judgment not sealed and signed though dictated in the open…
• Saturday, June 3 – Whether two persons can sign in the information or can two persons can jointly give information before the police? NO

  Quash petition 2. Learned senior counsel for the petitioner challenged the final report in C.C.No.33 of 2022 on a only ground that the complaint/information, on the basis of which first information report in Crime No. 766 of 2006 for the offences under Sections 120(b), 419, 420, 465, 467, 468 and 471 of IPC came to…
• Saturday, June 3 – S. 319 Cr.P.C

  1. This appeal, by special leave, takes exception to an order dated 1 st June, 2022 of the Allahabad High Court. The impugned order dismissed an appeal filed by the appellant under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989 (hereafter ‘1989 Act’). Under challenge in the appeal was…
• Wednesday, May 31 – Role of De-facto complainant during investigation and further investigation

  Role of De-facto complainant during investigation and further…
• Sunday, May 28 – Section 326 Cr.P.C: Only application to summary and not to summons trial like N.I Act

  Section 326 Cr.P.C: Only application to summary and not to summons trial like N.I…
• Sunday, May 28 – Under section 326(3) Cr.P.C a successor judge or magistrate has to start de-novo trial

  Under section 326(3) Cr.P.C a successor judge or magistrate has to start de-novo…
• Friday, May 26 – Suggestions put to the witnesses are part of the evidence based on that suggestions court can convict the accused

  Suggestions put to the witnesses are part of the evidence based on that suggestions court can convict the…
• Thursday, May 25 – Writing judgment is an art

  Writing judgment is an…
• Saturday, May 20 – In complaint cases the complainant is not bound to examine all the witnesses named in the complaint

  In complaint cases the complainant is not bound to examine all the witnesses named in the…
• Friday, May 19 – To prosecute the medical practitioner complainant must show the doctor lack the necessary skill for performing the operation

  To prosecute the medical practitioner complainant must show the doctor lack the necessary skill for performing the…
• Friday, May 19 – When every insult or intimidation for humiliation to a person would not amount to an offence under section 3(1)(x) of the SC/ST Act? Supreme Court explains

  Present appeal facts 2. The present appeal, by special leave, questions the judgment and order dated 23rd May, 2022 passed by a learned Single Judge of the High Court of Judicature at Allahabad (“High Court”, hereafter) dismissing an application under section 482 of the Code of Criminal Procedure, 19731 (“Cr. PC”, hereafter) instituted by the…
• Friday, May 19 – Section167 Cr.P.C: An oral application for grant of default bail would suffice

  Section167 Cr.P.C: An oral application for grant of default bail would…
• Friday, May 19 – Murder case discharge: High court shall not discharged the accused in a murder case without referred the charge-sheet in its entirety

  If the facts of the case are examined in the light of law laid down by this Court on the subject, it is evident that the High Court has not even referred to the evidence collected by Investigating Agency produced along with chargesheet in its entirety. Rather there is selective reference to the statements of some of the persons recorded during investigation. It shows that there was total non-application of mind. The High Court had exercised the jurisdiction in a manner which is not vested in it…
• Friday, May 19 – Second/Supplementary section 161 statement recorded on the same day and not fatal to the prosecution

  Second/Supplementary section 161 statement recorded on the same day and not fatal to the…
• Friday, May 19 – Murder: Prosecution did not proved the murder case beyond reasonable doubt

  CONTRADICTORY FACTS IN FIR – LATER STORY OF THE PROSECUTION CONTRADICTING WITH THE FIR – WITNESS DISCLOSING THE FACTS AFTER THREE MONTHS IS SUSPICIOUS – CHANCE WITNESS EXPLAINED – CONTRADICTIONS ARE ALSO VISIBLE IN WITNESS DEPOSITION – IO VISITED WITNESS HOUSE TO RECORD HIS STATEMENT THOUGH THE WITNESS IS NOT PRESENT IN SOC – RECOVERY DOES NOT INSPIRE CONFIDENCE – SITE PLAN PREPARED BELATEDLY – FACT NOT PUT IN S.313 Cr.P.C MUST BE…
• Friday, May 19 – BAIL – CLASS:2 – ANTICIPATORY BAIL

  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…
• Thursday, May 18 – Digitization of records: Records not available in the appeal hence conviction set aside

  Digitization of records: Records not available in the appeal hence conviction set…
• Thursday, May 18 – Omission to take photograph of vehicle by the I.O is not fatal TNPPDL Act

  Omission to take photograph of vehicle by the I.O is not fatal TNPPDL…
• Thursday, May 18 – Approver can be released by inherent powers u/s 482 Cr.P.C only and not on regular bail while trial is pending

  Subramanian @ Ravi Subramanian Vs. State rep.by Inspector of Police, Chennai, reported in (2014) 1 MLJ (Crl) 117, though he had not supported the prosecution during…
• Thursday, May 18 – Section 138 NI Act: Accused completely rebutted in the cheque case

  Teo stands taken by the complainant defeats the complaint 13. It is clear from the above that the petitioner had specifically come up with two stands in the course of cross examination. The first stand is that the petitioner had an independent transaction with Sri Sai Baba Waste Paper Company and it was admitted by…
• Thursday, May 18 – Magistrate can allow power of attorney to maintain complaint

  Complaint dismissed by the Magistrate that the power of attorney cannot maintain the complaint The respondent filed a private complaint against the petitioners and two others on the ground that they have committed various offences under Section 120(b), 405, 406, 418, 420, 464, 466, 467, 468, 471, 474 and 477 of IPC. To substantiate the…
• Thursday, May 18 – Section 498A IPC: Conduct of the accused shows he has done cruelty to the deceased

  Section 498A IPC: Conduct of the accused shows he has done cruelty to the…
• Thursday, May 18 – Punishing a person even without proper identity is against Article-21

  Punishing a person even without proper identity is against…
• Wednesday, May 17 – Complaint must contain allegations on cheating

  Complaint must contain allegations on…
• Wednesday, May 17 – Tamilnadu cash-for-job scam case: Criminal trial is not a friendly match between the complainant and the accused

  Tamilnadu cash-for-job scam case: Criminal trial is not a friendly match between the complainant and the…
• Sunday, May 14 – Quash: Apex Court quashed the G.O of TamilNadu constituting special courts for Land Grabbing cases and advice to enact appropriate legislation

  Head note: Quash: Apex Court quashed the G.O of TamilNadu constituting special courts for Land Grabbing cases and advice to enact appropriate…
• Friday, May 12 – Taking cognizance: A Basic Understanding

  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…
• Friday, May 12 – Judicial officers are advised to take advantage of section 313 (5) Cr.P.C by getting advice from P.P and defence counsels at the state of questioning under section 313 Cr.P.C

  The appellant contends that the court did not address a specific fact under Section 313 Cr. P. C, leading to a failure of justice. State’s contention differs. Hence, Apex court advised to take advise from P.P and defence…
• Thursday, May 11 – Even in bail matters high courts can travel beyond the scope and pass appropriate orders under articles 226 and 227

  Even in bail matters high courts can travel beyond the scope and pass appropriate orders under articles 226 and…
• Thursday, May 11 – Released of accused on probation after his appeal was decided by high court after 37 years

  Released of accused on probation after his appeal was decided by high court after 37…
• Thursday, May 11 – Plea of one of the judges to recuse from the matter is denied as forum shopping

  Plea of one of the judges to recuse from the matter is denied as forum…
• Thursday, May 11 – Officers investigating the SC/ST offence are duty bound to be vigilant before invoking any provision of a very stringent statute

  Officers investigating the offence are duty bound to be vigilant before invoking any provision of a very stringent statute like SC/ST…
• Wednesday, May 10 – Section 154 Cr.P.C: Police has no other option except to register fir if cognizable offence found and magistrate must direct investigation if cognizable offence found in the complaint

  Section 154 Cr.P.C: Police has no other option except to register fir if cognizable offence found and magistrate must direct investigation if cognizable offence found in the…
• Wednesday, May 10 – Freezing of accused company’s bank account for 17 years is not proper and company is permitted to withdraw amount

  Freezing of accused company’s bank account for 17 years is not proper and company is permitted to withdraw…
• Wednesday, May 10 – Jurisdiction: Magistrate is empowered to entertain complaint even has no jurisdiction

  In this text, the misconception of Magistrate jurisdiction in criminal cases is addressed, emphasizing that territorial restrictions do not limit the power to take cognizance of an…
• Tuesday, May 9 – Section 27 Evidence Act: There cannot be a ‘discovery’ of an already discovered fact and the discovery should be a distinct fact from the facts already discovered

  Section 27 Evidence Act: There cannot be a ‘discovery’ of an already discovered fact and the discovery should be a distinct fact from the facts already…
• Tuesday, May 9 – Bail refused till recording of statements of protected witnesses

  Bail refused till recording of statements of protected…
• Tuesday, May 9 – Releasing of accused after 20 years confirming her life imprisonment

  Releasing of accused after 20 years confirming her life…
• Saturday, April 29 – Final report: Closure report and Further investigation: Entire settled propositions discussed

  A detailed analysis of Further Investigation and how it has been evolved till date. Must have…
• Saturday, April 29 – Section 183 Cr.P.C: Offence committed in journey or voyage

  Section 183 Cr.P.C: Offence committed in journey or…
• Friday, April 28 – Section 376 IPC: Rape of his own 9 year old daughter supreme court awarded minimum 20 years as life sentence without remission

  Section 376 IPC: Rape of his own 9 year old daughter supreme court awarded minimum 20 years as life sentence without…
• Friday, April 28 – Prosecution cannot file final report without complete investigation to deprive arrest of accused and default bail under section 167(2) Cr.P.C

  Prosecution cannot file final report without complete investigation to deprive arrest of accused and default bail under section 167(2)…
• Friday, April 28 – Findings in civil proceedings will make substratum of a criminal complaint vanish

  Findings in civil proceedings will make substratum of a criminal complaint…
• Friday, April 28 – In NPDS cases confession is hit under section 25 Indian Evidence Act

  In NPDS cases confession is hit under section 25 Indian Evidence…
• Wednesday, April 26 – NDPS Act: Mere owner of the vehicle carrying contraband shall not be an accused

  Mere owner of the vehicle carrying contraband shall not be an…
• Tuesday, April 25 – PMLA: All the offences under the PMLA are cognizable and non-bailable

  ALL THE OFFENCES UNDER THE PMLA ARE COGNIZABLE AND…
• Monday, April 24 – Forgery not proved by the prosecution

  Forgery not proved by the…
• Monday, April 24 – Bihar Migrants ill treatment in Tamilnadu case: Quash dismissed since the alternative remedy is available under section 482 Cr.P.C

  Bihar Migrants ill treatment in Tamilnadu case: Quash dismissed since the alternative remedy is available under section 482…
• Monday, April 24 – In cross-cases the Investigation Officer has to file both the final reports before the jurisdictional court

  Facts regarding cross-case – Proceedings of the trial court – Procedural irregularities in trial – Prosecution suppressed the first…
• Sunday, April 23 – Recovery of tainted currency is not a presumption for receipt of bribe money

  Recovery of tainted currency is not a presumption for receipt of bribe…
• Friday, April 21 – Cruelty or harassment not proved by the prosecution

  Cruelty or harassment not proved by the…
• Friday, April 21 – Accused has to explain the possession of stolen ornaments

  Fingerprints found at the scene were not admissible as accused were already in custody. Possession of stolen items by accused must be…
• Thursday, April 20 – In pocso cases section 29 comes into play only after prosecution proves the foundational facts

  In pocso cases section 29 comes into play only after prosecution proves the foundational…
• Thursday, April 20 – The prosecutor has to put the contradictions to the Investigation Officer

  Hon’ble Madras High Court has explained how to contradict the witness (hostile) by the Public Prosecutor and further teaches that the P.P must put the contradictions to the I.O to complete the…
• Thursday, April 20 – section 30 IEA: Co-accused confession can be considered if the accused are tried jointly

  Section 30 of the Evidence Act allows co-accused confession in joint trials. The absence of complete chain of evidence led to the acquittal of the…
• Wednesday, April 19 – Magistrate shall consider both the final report submitted under section 173(2) Cr.P.C and supplementary final report filed under section 173(8) Cr.P.C for prima facie

  Magistrate shall consider both the final report submitted under section 173(2) Cr.P.C and supplementary final report filed under section 173(8) Cr.P.C for prima…
• Wednesday, April 19 – Sentencing: Court must hear the quantum of sentence of accused before conviction

  Sentencing: Court must hear the quantum of sentence of accused before…
• Wednesday, April 19 – Lectures on cross-examination

  Uncover the declining standards of witness cross examination. Learn about the need for relevant and logical questioning during…
• Wednesday, April 19 – Confession recorded in the language unknown to the accused not improper if properly took down

  Confession recorded in the language unknown to the accused not improper if properly took…
• Tuesday, April 18 – Whether Magistrate can commit the cross-case triable by Magistrate offences to Sessions court under section 323 Cr.P.C?

  Understanding the process of committing a cross-case under Section 323 of the Cr. P.C., and the authority granted to Magistrates and Sessions…
• Monday, April 17 – Test Identification parade (TIP) is not a substantive piece of evidence and it hits under section 162 Cr.P.C

  Test Identification parade (TIP) is not a substantive piece of evidence and it hits under section 162 Cr.P.C….
• Monday, April 17 – Reasoned order is must to decide the Lis

  Reasoned order is must to decide the…
• Monday, April 17 – How to cancel bond? Procedure explained

  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…
• Monday, April 17 – Direction to dispose bail on the same day does not mean dispose favourably

  Direction to dispose bail on the same day does not mean dispose…
• Sunday, April 16 – Cheating: Breach of contract is not the only remedy for contract allegations section 420 IPC also attracted

  Cheating: Breach of contract is not the only remedy for contract allegations section 420 IPC also…
• Sunday, April 16 – Loan was advanced without proper document: Quash not proper

  Loan was advanced without proper document: Quash not…
• Sunday, April 16 – Dying declaration: Section304-B IPC – In dowry death cases prosecution has to prove the initial burden

  But her statement cannot be relied upon in view of the fact that there is no evidence to suggest that just before the death PW13; Bolia Devi had talked to the deceased or that the deceased was in the condition to make statements. Her statement is corroborated by PW14, Bachchu Sao, who was present in the hospital, but not corroborated by PW12; Gulab Saha neighbor who was also said to be present in the…
• Saturday, April 15 – Constitutional courts have powers to modify sentence

  Constitutional Courts Have Powers To Modify…
• Friday, April 14 – Conviction confirmed for opening false account

  Conviction confirmed for opening false…
• Friday, April 14 – S.307 IPC not attracted sentence reduced

  S.307 IPC not attracted sentence…
• Thursday, April 13 – Demeanour: Acquitting based on demeanour of witness noted by the Trial court

  Demeanour: Acquitting based on demeanour of witness noted by the Trial…
• Thursday, April 13 – Impact of non-examination of witnesses

  Impact of non-examination of…
• Wednesday, April 12 – SATENDER KUMAR ANTIL – A complete encyclopedia on bail (with recent policy updates)

  In this legal analysis, the definitions of trial, bail, and presumption of innocence are discussed with a focus on Section 41A of the Code of Criminal Procedure. The importance of procedural compliance under section 88 cr.p.c and the court’s discretion in issuing warrants is also…
• Wednesday, April 12 – Cheating: Difference between breach of contract & cheating – Explained

  Cheating: Difference between breach of contract & cheating -…
• Monday, April 10 – Parameters of granting bail in commercial quantity under section 37 of NDPS Act

  Parameters of granting bail in commercial quantity under section 37 of NDPS…
• Sunday, April 9 – Whether High Court can compel the Magistrate to take cognizance? NO

  Whether High Court can compel the Magistrate to take cognizance?…
• Sunday, April 9 – BAIL – class-1 – A BASIC UNDERSTANDING _ by RAMPRAKASH RAJAGOPAL…

  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…
• Saturday, April 8 – Conviction Sudden provocation

  However, the only question that falls for our consideration is whether the accused are liable to be punished for an offence under Section 302 IPC. After considering the submissions made by the counsel for the Appellants and scrutinising the material on record, we are of the opinion that the accused are not liable to be convicted under Section 302 IPC. We are convinced that there was neither prior concert nor common intention to commit a murder. During the course of their business activity the…
• Saturday, April 8 – Section 204 Cr.P.C: Summoning order without reasons is impermissible under the law

  Section 204 Cr.P.C: Summoning order without reasons is impermissible under the law especially in property…
• Thursday, April 6 – Parole: Whether deemed to be in prison or custody?

  While answering the above Question, The Apex Court has finally held as follows: 9. Now, so far as the submission on behalf of the petitioners relying upon Section 55 of the Prisons Act, 1894 that even on parole the prisoners shall be deemed to be in custody and therefore, the said period is to be…
• Wednesday, April 5 – Section142 N.I Act does not override section 406 Cr.P.C but Supreme Court has powers to transfer cases

  In this legal prayer before the Supreme Court of India, Yogesh Upadhyay seeks transfer of complaint cases under Sections 138 and 142 of the Negotiable Instruments…
• Tuesday, March 28 – Affidavit – Magistrate cannot take proof affidavit except N.I Act

  Affidavit – Magistrate cannot take proof affidavit except N.I…
• Monday, March 27 – Whether the sessions court can take second cognizance u/s 193Cr.P.C after the case was committed by the Magistrate who took cognizance u/s 190 Cr.P.C earlier?

  Understanding the question of law: Can the Court of Sessions take cognizance of offense under section 193…
• Monday, March 27 – Protest petition must contain allegations

  Protest petition must contain…
• Friday, March 24 – Section 27 Evidence Act: Mere recovery of money alone does not constitute conviction

  Section 27 Evidence Act: Mere recovery of money alone does not constitute…
• Friday, March 24 – Dying declaration: section 32 – Whether dying declaration can be treated as statement or confession if maker survives? Yes.

  Hon’ble Supreme Court answered two crucial questions in this judgment: One: Even after the survivor of the dying declaration denied making such dying declaration still a statement and can be used for corroboration or contradiction. Two: Such statements of dying declarations after the author is alive can be treated as confessional statement or statement recorded u/s 164(2)…
• Thursday, March 23 – Whether protest petition is ‘complaint’? Yes

  Whether protest petition is ‘complaint’?…
• Thursday, March 23 – Defence counsel cannot argue if he does not ask question in cross-examination and court cannot base findings on the argument

  Defence counsel cannot argue if he does not ask question in cross-examination and court cannot base findings on the…
• Thursday, March 23 – Sub-Inspector cannot take action under section 7 of the Act, 1955

  Sub-Inspector cannot take action under section 7 of the Act,…
• Wednesday, March 22 – Prosecution has to establish the existence of demand as well as acceptance by the public servant to prove sections 7 & 13(1)(d) of P.C Act

  Prosecution has to establish the existence of demand as well as acceptance by the public servant to prove sections 7 & 13(1)(d) of P.C…
• Wednesday, March 22 – Section 313 Cr.P.C: If the defence provided by the accused under section 313(1)(b) and the court did not considers it then the conviction does not stand

  In criminal jurisprudence, the courts must ensure justice prevails. This text discusses the importance of circumstantial evidence and the right to legal…
• Tuesday, March 21 – Powers of Magistrate under section 156(3) Cr.P.C to direct the SHO to investigation

  powers of magistrate under section 156(3) crpc to direct the police to register the…
• Tuesday, March 21 – Court must extremely cautious in passing adverse remarks in bail

  Court must extremely cautious in passing adverse remarks in…
• Monday, March 20 – Detailed analysis of the test identification parade

  Detailed analysis of the test identification…
• Monday, March 20 – Conviction cannot based on preponderance of probability

  Conviction cannot based on preponderance of…
• Monday, March 20 – Whether there is preponderance of probabilities in PMLA case?

  Whether there is preponderance of probabilities in PMLA…
• Monday, March 20 – Section 319 Cr.P.C parameters explained

  Section 319 Cr.P.C parameters…
• Sunday, March 19 – Cognizance: Difference between sections 156(2) & 202 Cr.P.C and procedure to summon the accused

  Cognizance: Difference between sections 156(2) & 202 Cr.P.C and procedure to summon the…
• Sunday, March 19 – Whether the same accused can be arrested and grant bail for new offence added in the FIR? Whether “Victim” has rights during bail?

  11.1. We propose to take a quick look at the considerations that ought to govern grant of anticipatory bail. There are a line of decisions of this court that have underscored the fact that while deciding an application for bail, the court ought to refrain from undertaking a detailed analysis of the evidence, the focus…
• Sunday, March 19 – Difference between common object and common intention and unlawful assembly

  Difference between common object and common intention and unlawful…
• Sunday, March 19 – What is presumption under section 20 of P.C Act?

  What is presumption under section 20 of P.C…
• Sunday, March 19 – Judgments full of citations on all the principles of criminal law

  Judgments full of citations on all the principles of criminal…
• Sunday, March 19 – Who has to prove the weapon in the criminal trial?

  Prosecution to prove the weapon 14. We may observe that save and except for the confessional statement of the accused, the Prosecution is not able to link the weapon with the accused. There was no scientific evidence, or the marks of his fingerprints, other identification marks or any tell-tale signs of the blood found on…
• Wednesday, March 15 – Evidentiary value of extrajudicial confession: explained

  Findings in civil proceedings will make substratum of a criminal complaint…
• Tuesday, March 14 – Non-explanation of injuries sustained by the accused is fatal to the prosecution

  Non-explanation of injuries sustained by the accused is fatal to the…
• Tuesday, March 14 – How to contradict the statement under section 161 Cr.P.C?

  How to write FIR? – Explained 12. FIR is not meant to be an encyclopaedia nor is it expected to contain all the details of the prosecution case. It may be sufficient if the broad facts of the prosecution case are stated in the FIR. Complaint was lodged within few hours after the tragic event….
• Monday, March 13 – Interested witness & principles underlying section 34 IPC

  Interested witness & principles underlying section 34…
• Monday, March 13 – No private funding in police investigation

  No private funding in police…
• Sunday, March 12 – Recall: All about section 311 Cr.P.C

  Recall: All about section 311…
• Sunday, March 12 – Murder: Homicidal death, Last seen together, Extra-judicial confession & Circumstantial evidence

  As stated hereinabove, in order to convict an accused under Section 302 IPC the first and foremost aspect to be proved by prosecution is the factum of homicidal death. If the evidence of prosecution falls short of proof of homicidal death of the deceased, and if the possibility of suicidal death could not be ruled out, in the opinion of this court, the appellant accused could not have been convicted merely on the basis of the theory of “Last seen…
• Sunday, March 12 – Death penalty is reduced to 30 years: Entire evidence act discussed

  Death penalty is reduced to 30 years: Entire evidence act…
• Sunday, March 12 – Whether first complaint is maintainable if second complaint for dishonour of cheques based on compromise deed filed?

  Whether first complaint is maintainable if second complaint for dishonour of cheques based on compromise deed…
• Sunday, March 12 – What is substantive evidence and how to conduct questioning under section 313 Cr.P.C?

  What is substantive evidence and how to conduct questioning under section 313…
• Sunday, March 12 – Death penalty is reduced to 30 years: Entire evidence Act discussed

  Death penalty is reduced to 30 years: Entire evidence Act…
• Saturday, March 11 – If two separate cases merges on the same period of time then the set off can be granted

  If two separate cases merges on the same period of time then the set off can be…
• Saturday, March 11 – POCSO Bail: Direction to file an affidavit to marry the girl after she attains majority

  POCSO Bail: Direction to file an affidavit to marry the girl after she attains…
• Saturday, March 11 – Limitation to dispose of interim maintenance under section 125(1) Cr.P.C

  Limitation to dispose of interim maintenance under section 125(1)…
• Saturday, March 11 – S. 201 IPC GOES OFF IF ACCUSED ACQUITTED u/s. 302 IPC.

  4. The learned counsel for the appellant submitted that when the charges under Sections 302 and 201 IPC have been framed based on the same evidence and when the charge of murder itself not accepted, the accused cannot be convicted for the offence under Section 201 IPC alone. In support of his contention, he relied…
• Friday, March 10 – Court can grant pardon even for other offences (other than IPC) if connected with the present one

  If he does not make a full and complete disclosure, the pardon may be cancelled. If he makes a full and complete disclosure he faces the prospect of being convicted! in the prosecution under Sections 277 and 278 of the Income Tax Act. Article 20(2) of the Constitution of India enjoins that no person can be compelled to be a witness against…
• Friday, March 10 – Section 65B IEA: Section 65B Certificate cannot be substituted with oral evidence

  Section 65B IEA: Section 65B Certificate cannot be substituted with oral…
• Thursday, March 9 – Supreme court explained the yardstick for sanction

  Supreme court explained the yardstick for…
• Thursday, March 9 – Acquittal – circumstantial evidence

  How to prove circumstantial theory? 32. After having appreciated the evidence of certain crucial witnesses, we would like to clarify at the outset that this is a case of circumstantial evidence. Jurisprudentially the meaning of circumstantial evidence has never been settled. Although we may not require a detailed analysis of the jurisprudential dichotomy which exists…
• Thursday, March 9 – Police officials cannot file case under section 188 IPC

  Police officials cannot file case under section 188…
• Thursday, March 9 – Supreme court explains procedure to compound the offence under section 324 IPC

  Supreme court explains procedure to compound the offence under section 324…
• Wednesday, March 8 – Whether I.O has to file final report even after comes to the opinion that there is no case made out? Yes

  Whether I.O has to file final report even after comes to the opinion that there is no case made out?…
• Tuesday, March 7 – Magistrate has to decide the jurisdiction immediately after receipt of the complaint

  Whether in complaint case magistrate after issuance of summons to the accused can dismiss the complaint for want of…
• Monday, March 6 – No printed or mechanical order for section 156(3) Cr.P.C

  No printed or mechanical order for section 156(3)…
• Monday, March 6 – Whether magistrate can take cognizance on private complaint even after accepting the negative report filed by the police? Yes How to write the protest petition?

  Whether magistrate can take cognizance on private complaint even after accepting the negative report filed by the police? Yes How to write the protest…
• Monday, March 6 – Whether sexual intercourse between a man and his wife being a girl between 15 and 18 years of age is rape?

  Whether sexual intercourse between a man and his wife being a girl between 15 and 18 years of age is rape? Marital…
• Sunday, March 5 – It is improper to ask the witness to identify the accused through his photograph

  It is improper to ask the witness to identify the accused through his…
• Sunday, March 5 – Once tender of pardon is given to a person he becomes a witness for the prosecution and his evidence before the open Court during trial is substantive evidence and not the confession

  When once tender of pardon is given to a person, he becomes a witness for the prosecution and only his evidence in the open Court during trial is substantive evidence and not the confession. The judicial confession becomes a previous statement which can be used to corroborate or contradict the witness whilst he is in the witness…
• Sunday, March 5 – Whether the investigation officer (station house officer) can foreclose the information before and after investigation?

  Whether the investigation officer (station house officer) can foreclose the information before and after…
• Sunday, March 5 – Difference between cancellation of bail and appeal against the bail already granted

  Understanding the legal principles of bail cancellation and appeal against bail. Learn the difference and importance of each in this…
• Saturday, March 4 – What is section 313 Cr.P.C & How to appreciate the same? A detailed analysis

  What is section 313 Cr.P.C & How to appreciate the same? A detailed…
• Saturday, March 4 – Juvenile: Whether after the trial is over, if accused found to be juvenile the court would set aside the sentence or shall sent to juvenile justice board?

  18. Having considered the facts of the case and the findings recorded above, it would also be appropriate to briefly deal with the case law on the point as to whether once an accused after conviction at the stage of appeal is held to be a juvenile/child under the provisions of the 2015 Act, what…
• Friday, March 3 – S.C ON Cheating and breach of contract

  Learn why a breach of contract may not lead to criminal prosecution for cheating in this case involving Sections 420, 120-B, and 506 of the Indian Penal Code, 1860. Sarabjit Kaur vs. The State of Punjab & Anr – CRIMINAL APPEAL NO. 581 OF 2023 – 01. 03….
• Friday, March 3 – Dismissal of petition under section 319 Cr.P.C

  How to appreciate section 319 crpc application in the given case has been…
• Friday, March 3 – POCSO Act with murder: Death sentence confirmed

  In the instant case, the crime is aggravated penetrative sexual offence coupled with murder. The victim is a 7 years old daughter of a mentally retarded mother, who incidentally also from suppressed community. The doer of the crime is a 26 years old male of the same village and he has committed the crime exploiting the trust of the innocent girl. The accused, in order to satisfy his sexual algolagnia and abnormal sexual desire, had deprived the life of a minor girl even at the bud – It is…
• Friday, March 3 – Whether sanction is necessary at the stage of direction under section 156(3) Cr.P.C? Case referred to larger bench

  Whether sanction is necessary at the stage of direction under section 156(3) Cr.P.C? Case referred to larger…
• Friday, March 3 – Principles governing for granting bail

  Principles governing for granting bail…
• Friday, March 3 – Magistrate’s power to take action if warrant is not executed by police

  Magistrate’s power to take action if warrant is not executed by…
• Friday, March 3 – Multiple firs quash procedure

  Multiple firs quash procedure – SIX FIRS – SIX CASES – SAME COURT – TRIES AS ONE…
• Thursday, March 2 – Murder case: Acquittal – Absence of light & sole eye-witness turned hostile

  The most important reason of the trial court, as has been stated above, was’ that, given the time of06:30 p.m. to 07:00 p.m. of a winter evening, it would be dark, and, therefore, identification of seventeen persons would be extremely difficult. This reason, coupled with the fact that the only independent witness turned hostile, and two other eye-witnesses who were independent were not examined, would certainly create a large hole in the prosecution…
• Thursday, March 2 – P.C Act: Criminal misconduct: Preliminary inquiry and its procedures

  P.C Act: Criminal misconduct: Preliminary inquiry and its…
• Thursday, March 2 – Whether all murder attempt fails would attract s.307 IPC?

  The charge in this case not under Section 325 IPC but one under Section 307 IPC for which injury is not always relevant. For instance, if ‘A’ opens fire at ‘B’ and ‘B’ ducks thereby avoiding the bullet, no injury will be there on ‘B’. Can ‘A’ be acquitted for attempt to murder? The answer is an emphatic…
• Thursday, March 2 – Section 364A IPC Modified to 363 IPC

  Section 364A IPC Modified to 363…
• Thursday, March 2 – Dismissal of complaint and section 311 Cr.P.C applications by magistrate for non-appearance not proper

  Dismissal of complaint and section 311 Cr.P.C applications by magistrate for non-appearance not…
• Wednesday, March 1 – HOSTILE WITNESS – A DETAILED STUDY…

  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 different…
• Tuesday, February 28 – P.C Act – All about sanction and its limitations

  P.C Act – All about sanction and its…
• Tuesday, February 28 – Acquittal: Section 304-B IPC: Appreciation of cross-examination necessary

  Acquittal: Section 304-B IPC: Appreciation of cross-examination…
• Tuesday, February 28 – Expert witness – vs – Ocular witness

  Expert witness – vs – Ocular…
• Tuesday, February 28 – Whether statement or letter made to the investigation officer (I.O) during the investigation is admissible? No and the same is hit under section 162 cr.p.c

  Whether statement or letter made to the investigation officer (I.O) during the investigation is admissible? No and the same is hit under section 162…
• Sunday, February 26 – Organised crime: Explained

  What is organised crime?…
• Sunday, February 26 – Murder: Common intention (section 34 IPC) & Appreciation of eye-witness: Explained

  In the present case, the participation in action of the respondent in commission of the offence and the common intention to commit the murder of the deceased with original accused No.1 – husband of the respondent have been established and proved by the prosecution. Therefore, the High Court has committed a very serious error in acquitting the respondent for the offences punishable under section 302 with the aid of section 34 of the…
• Sunday, February 26 – Section 427 Cr.P.C & Plea bargaining: Importance of invoking is explained

  Section 427 Cr.P.C & Plea bargaining: Importance of invoking is…
• Sunday, February 26 – Discovery of fact is admissible unless there is compulsion

  Discovery of fact is admissible unless there is…
• Saturday, February 25 – Reversal of acquittal: Procedure explained

  Reversal of acquittal: Procedure…
• Saturday, February 25 – Powers of constitutional courts to transfer, or order further investigation: explained

  Powers of constitutional courts to transfer, or order further investigation:…
• Wednesday, February 22 – All legal principles on appreciation of evidence

  All principles on appreciation of…
• Wednesday, February 22 – Section 319 – Power of summoning – Explained

  Section 319 – Power of summoning -…
• Tuesday, February 21 – How to prove section 7 P.C Act?

  How to prove section 7 P.C…
• Tuesday, February 21 – Whether power of attorney can delegate his powers to special power of attorney? S.C says ‘yes’

  Whether power of attorney can delegate his powers to special power of attorney? S.C says…
• Tuesday, February 21 – Advocate presence not necessary for confession u/s 164 (2) Cr.P.C

  SCOPE OF REVIEW: 20. It is, therefore, to be kept in mind that the scope of a Review is more constrained than that of an appeal. A party cannot be allowed to reurge the case on merits to effectively seek re-appreciation of evidence when the matter has already been decided earlier, even if on different…
• Tuesday, February 21 – Dying Declaration: Appreciation of evidence of dying declaration is explained

  In the decision in LaxmanVs. State of Maharashtra [2002 6 SCC 710], the Constitution Bench of the Apex Court had considered the question of nature of medical certification regarding fitness of victim to make a dying declaration. In the instant case, the statement of the victim under Section 162 Cr.P.C. was recorded on 22.05.2016 by the Investigating Officer. In any event, this statement of the victim had not been used by the prosecution to prove the guilt of the…
• Monday, February 20 – Though weapon was not used in the crime but exhibiting the weapon would constitute section 397 IPC

  Though weapon was not used in the crime but exhibiting the weapon would constitute section 397…
• Monday, February 20 – Victim appeal rights: High court’s revisional powers explained

  Victim appeal rights: High court’s revisional powers…
• Monday, February 20 – Section 138 N.I Act CASES: Security cheque cases are admissible

  Section 138 N.I Act CASES: Security cheque cases are…
• Sunday, February 19 – CCTV: Police authorities have full powers to inspect spa, massage centers

  Hon’ble Madras High Court while issuing directions to install cctv cameras in public places has held that Police authorities have full powers to inspect spa, massage centers….
• Sunday, February 19 – Bail: Reasoning order is necessary: If cryptic order informant has right to assail before a higher forum

  Bail: Reasoning order is necessary: If cryptic order informant has right to assail before a higher…
• Sunday, February 19 – Sentencing policy: Depend upon facts and circumstances

  2. This Appeal is preferred by the sole appellant in Criminal Appeal No.179 of 2015 filed before the High Court of Judicature at Madras, aggrieved by the judgment and order dated 16.08.2019. 3. By the aforesaid judgment, the High Court has confirmed the conviction of the appellant/accused no.1 in Sessions Case No.42 of 2011 on…
• Sunday, February 19 – If the accused convicted in two different cases then he is not entitled for benefit of concurrent sentencing under section 427 Cr.P.C

  If the accused convicted in two different cases then he is not entitled for benefit of concurrent sentencing under section 427…
• Sunday, February 19 – Section 427 Cr.P.C: Two different cases: Same accused not entitled for the benefit

  Section 427 Cr.P.C: Two different cases: Same accused not entitled for the…
• Saturday, February 18 – Last seen together: Explained

  If failure on the part of accused to explain facts as per section 106 IEA then it is an additional link to the chain of circumstance 6. It may be noted that once the theory of “last seen together” was established by the prosecution, the accused was expected to offer some explanation as to when…
• Saturday, February 18 – Section 188 IPC: Registering fir & Investigation procedure explained

  Police has no right to register case under section 188 IPC without getting proper permission from the concerned Judicial…
• Saturday, February 18 – Investigation and framing of charge: Procedures: Explained

  Investigation and framing of charge: Procedures:…
• Friday, February 17 – Plea of Alibi

  Plea of alibi – A detailed…
• Wednesday, February 15 – Statement under section 164 Cr.P.C not compulsory to record

  Statement under section 164 Cr.P.C not compulsory to…
• Wednesday, February 15 – Statement cognizance committal: Evidence on handwriting: Explained

  Statement cognizance committal: Evidence on handwriting:…
• Tuesday, February 14 – Section 306 IPC: Informant has no right to withdraw complaint of a non-compoundable offence

  Section 306 IPC: Informant has no right to withdraw complaint of a non-compoundable…
• Tuesday, February 14 – Whether Judgments/orders uploaded in the court (judicial) website can be downloaded and presented for reference before authorities.?

  8.This apart, the learned counsel for the writ petitioner across the Bar made a submission that the copy of the orders / judgments are supplied belatedly to the petitioners and to the respondents, by the Registry, High Court. Such complaints are frequently received from the members of the Bar, more specifically, when certain urgent orders…
• Tuesday, February 14 – Multiple Dying Declarations – No stereotypical approach can be adopted by courts

  Both the courts below have noticed that in Ex. P-11, the first dying declaration, the appellant has not been named; rather he along with his father took the deceased in a critically injured state to the hospital. Undoubtedly, the focus of the first dying declaration is only upon the incident involving pouring of kerosene and setting the deceased on fire. The second dying declaration, Ex. P-26 alone elaborates acts of cruelty. That is the only piece of incriminating evidence against the…
• Tuesday, February 14 – Trial court shall not insist the defence counsel to put particular question in particular manner

  Trial court shall not insist the defence counsel to put particular question in particular…
• Monday, February 13 – P.C ACT: Special judge: Discharge shall be under section 227 Cr.P.C and not under section 239 Cr.P.C

  P.C ACT: Special judge: Discharge shall be under section 227 Cr.P.C and not under section 239…
• Sunday, February 12 – Bail: No interim compensation

  Bail: No interim…
• Saturday, February 11 – Constitution bench on P.C Act: Question of law on absence of evidence of complainant/direct or primary evidence

  Constitution bench on P.C Act: Question of law on absence of evidence of complainant/direct or primary…
• Tuesday, February 7 – Who can file complaint for company under section 142 N.I ACT? Explained

  Who can file complaint for company under section 142 N.I ACT?…
• Tuesday, February 7 – Objection shall be decided then and there

  OBJECTION SHALL BE DECIDED THEN AND…
• Tuesday, February 7 – Defence can rely on the unmarked document filed by the prosecution

  Defence can rely on the unmarked document filed by the…
• Monday, February 6 – Entire Evidence Act explained in single judgment

  A must have judgment for defence counsels. Entire Evidence Act have been explained in single…
• Saturday, February 4 – How to prove secondary evidence? Explained

  How to prove secondary evidence?…
• Friday, February 3 – S.138 N.I Act – MOU – Court has to follow the MOU.

  6. Clause 8 of the Memorandum Of Understanding stated that the dispute was to be settled amicably, and in the event of the dispute still not being amicably resolved, it must be first referred to a sole Arbitrator. Clause 8 of the said Memorandum Of Understanding is as under:- “That any dispute under this document…
• Friday, February 3 – The prosecution can lead evidence only in accordance with the charge framed by the trial court

  NOW THE QUESTION WHETHER THE TRIAL COURT IS RIGHT IN DISCHARGING THE ACCUSED U/S 302 IPC AND INSTEAD FRAMED THE CHARGE U/S 304-II IPC? ANSWER IS NEGATIVE – FRAMING OF CHARGE – PROSECUTION AND ACCUSED ROLE…
• Friday, February 3 – A FORENSIC GUIDE FOR CRIME INVESTIGATORS STANDARD OPERATING PROCEDURES

  DISCLAIMER: This publication is meant for authorized Criminal Justice Agencies. LNJN NICFS shall not be liable for any direct, consequential or incidental damages arising out of the use of the book. Reference herein to any specific product (commercial or non-commercial), processes or services by brand or trade name, trademark, manufacturer, or otherwise does not necessarily…
• Friday, February 3 – Giving up witness by the prosecutor

  Giving up witness by prosecutor…
• Friday, February 3 – Public prosecutor must interview the prosecution witness

  Public prosecutor must interview the prosecution…
• Tuesday, January 31 – Section 277 Cr.P.C: Recording of witnesses has to be in their own language only

  Section 277 Cr.P.C: Recording of witnesses has to be in their own language…
• Monday, January 30 – Further Investigation: Magistrate can direct further investigation under section156(3) Cr.P.C till framing of charges

  This text discusses the power of Magistrates to order further investigation in criminal cases until charges are framed, emphasizing the importance of fair and just…
• Saturday, January 28 – Dowry death: Presumption

  Dowry death:…
• Saturday, January 28 – Whether fir can be registered in any police station? Yes

  18. The principal question which emerges from the submissions made on behalf of the partiesis whether in regard to an order passed u/s 156(3) Cr.P.C. the police authorities empoweredunder Sub-section (1) of Section 156 can unilaterally decide not to conduct an investigationon the ground that they had no territorial jurisdiction to do so. xxx 25….
• Saturday, January 28 – Class 3 – CRIMINAL PROCEEDINGS – GENERAL PROVISIONS – CRIMINAL COURT POWERS.

  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…
• Friday, January 27 – Section 156(3) – Not following section 154 Cr.P.C – Quashed

  15. It is relevant to refer the judgment of the Hon’ble Supreme Court in Priyanka Srivastava and another Vs. State of Uttar Pradesh and others reported in (2015) 6 SCC 287, the Hon’ble Supreme Court has held that the remedy available under Section 156(3) Cr.P.C is not of routine nature. Exercise of power thereunder requires…
• Friday, January 27 – Judgments on party cannot approach High Court for Direction directly

  Party cannot approach High Court for Direction directly. Direction to register the…
• Thursday, January 26 – Delay: Impact of delay in recording statement of witnesses

  impact of delay in recording of witnesses statements is being explained in this judgment. Must have…
• Wednesday, January 25 – Murder: Whether s.302 or s.304 IPC? – Explained

  The prosecution must prove the following facts before it can bring a case under S. 300 ‘3rdly’. First, it must establish, quite objectively, that a bodily injury is present; secondly the nature of the injury must be proved. These are purely objective investigations. It must be proved that there was an intention to inflict that particular injury, that is to say that it was not accidental or unintentional or that some other kind of injury was intended. Once these three elements are proved to…
• Wednesday, January 25 – Non-Examination of investigation officer: Whether fatal? Explained

  Non-Examination of investigation officer: Whether fatal?…
• Tuesday, January 24 – Second complaint (Private complaint) whether maintainable?

  Second complaint (Private complaint) whether…
• Monday, January 23 – Murder case: Appreciation of evidence – Circumstantial evidence & recovery under section 27 Indian Evidence Act

  This Court has elaborately considered as to how the law expects the IO to draw the discovery panchnama as contemplated under Section 27 of the Evidence Act. In the present case, leave aside the recovery panchnama being in accordance with the aforesaid requirement, there is no statement of Boby (accused No. 3/appellant herein) recorded under Section 27 of the Evidence Act. We are, therefore, of the considered view that the prosecution has failed to prove the circumstance that the dead body of…
• Monday, January 23 – Cheating and Breach of contract

  difference between cheating and breach of contract…
• Monday, January 23 – Cross-Examination by public prosecutor: Procedure: Explained

  Cross-Examination by public prosecutor: Procedure:…
• Sunday, January 22 – POCSO: Acquittal: Less IQ for the victim

  POCSO: Acquittal: Less IQ for the…
• Sunday, January 22 – Dying Declaration: Omission to state dying declaration in s.161 crpc statement will affect the case

  It is clear to us that the ocular evidence with regard to the events preceding the actual incident rested exclusively on the statements of P Ws.2 and 10. The glaring omissions made by them are writ large in the cross-examination. We are, therefore, of the opinion that the present case is one of no evidence and the possibility that the deceased had been burnt in an accident cannot be ruled out. We, accordingly, allow the appeal, set aside the conviction of the Appellant and order his…
• Saturday, January 21 – Charge sheet: RTI: Whether a public document?

  Charge sheet: RTI: Whether a public…
• Friday, January 20 – Murder: Last seen theory – IPC – Explained

  In the present case, save the “last seen” theory, there is no other circumstance or evidence. Importantly, the time gap between when the deceased was seen in the company of the accused on 09-10-1999 and the probable time of his death, based on the post mortem report, which was conducted two days later, but was silent about the probable time of death, though it stated that death occurred approximately two days before the post mortem, is not narrow. Given this fact, and the serious…
• Thursday, January 19 – Section 88 – Explained.

  A bond obtained under section 88 crpc is not a substitute for bail. Also, a bond under section 88 crpc is discretionary to the court and not the…
• Thursday, January 19 – Section 139 N.I Act: Rebuttable presumption: Explained

  In the case of Rajaram vs. Maruthachalam, the court clarified the importance of evidence in rebutting the presumption under section 139 of the N. I….
• Thursday, January 19 – Affidavit: Court cannot convert complaint into a 156(3) cr.p.c petition without following procedures

  A complaint u/s 200 Cr.P.C (also see sec 190(1)(a) Cr.P.C) was filed before the Learned IInd Additional Chief Metropolitan Magistrate, at Bangalore on 6th December 2019. Since the alleged offences in the complaint are punishable under section 420, 465, 468, 464 and 120­B of IPC, the Learned Magistrate instead of taking cognizance on the complaint has referred the same u/s 156(3) Cr.P.C for investigation by the police – Supreme Court ruled that affidavit is necessary and Procedures not followed…
• Thursday, January 19 – Section 311-A Cr.P.C – Who has the power – Magistrate or Investigation officer?

  I just read Babitha Surendran vs. State (2015 (2) MWN (Crl) 468) in which a learned single judge has handed over the power of getting specimen signatures from the accused to the Investigating Officer under section 311-A Cr.P.C what the legislature has omitted very…
• Thursday, January 19 – NDPS: Confession: Explained

  Further, the Hon’ble Apex court in the case of “Tofan Singh Versus State of Tamil Nadu reported in (2021) 4 SCC 1” had held that ‘the powers conferred on officers empowered under Section 53 of NDPS Act are such that they meet the test of being police officers for the purpose of Section 25 of the…
• Tuesday, January 17 – POCSO: Evidentiary value of the victim girl

  Evidentiary value of the victim girl…
• Tuesday, January 17 – Return of Property – Vehicle – Section. 451 – Court & Confiscating Authority roles – Explained.

  5. I have considered the rival submissions made on behalf of both the sides and perused the material records of the case. Though there is a cleavage of opinion and two divergent views are being taken in the various judgments, which are referred on either side above, the Supreme Court of India in its judgment…
• Tuesday, January 17 – Section 167(2) Cr.P.C: Mere filing of the chargesheet subsequent to a person is released on default bail under Section 167(2) Cr.P.C. cannot be a ground to cancel the bail of a person, who is released on default bail

  Section 167(2) Cr.P.C: Mere filing of the chargesheet subsequent to a person is released on default bail under Section 167(2) Cr.P.C. cannot be a ground to cancel the bail of a person, who is released on default…
• Sunday, January 15 – Class – Cr.P.C – Criminal Revision

  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….
• Sunday, January 15 – section 428 Cr.P.C – Explained

  9. We find no merit in the contentions of the applicant. The following are the reasons. Section 428 of Cr.P.C. on which the applicant lays considerable store by, actually contemplates the presence of two circumstances. They have been highlighted in the very judgment which the applicant relies on, namely (2001) 6 SCC 311, State of…
• Thursday, January 12 – Independent Witness

  7. It seen that the prosecution has not examined any independent witness. All the witnesses referred to above are the officials of the complainant and it could be presumed that their witnesses are interested. No doubt, merely because a witnesses are interested, their testimony cannot be discarded or thrown away, but the Court has to…
• Thursday, January 12 – Suspension of sentence: Extension of time

  1. SUSPENSION OF SENTENCE – EXTENSION OF TIME: Question: Accused got convicted in the Judicial Magistrate Court – sentenced for 1 year and fine of rs.1000 rupees for section 324 IPC (since S.324 is for punishment for extend to 3 years, or with fine, or with both) – paid fine – sentence suspended upto 30…
• Thursday, January 12 – Probation of Offenders Act – section 138 N.I Act, 1881

  Question: WHETHER P.O ACT 1958 WILL APPLY ON N.I ACT 1872 (SECTION138)? Answer: If the trial Court comes to the conclusion that the accused is guilty, then it is open to the learned Judicial Magistrate to take into consideration about the payment made by the accused and also take into consideration the other factors and…
• Thursday, January 12 – Class 2 – Principles on Sentencing Policy & Victim Compensation

  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…
• Wednesday, January 11 – Whether Criminal case against police officer can be filed without sanction obtained u/s 197 Cr.P.C?

  The Operative portion is as follows: 75. On the question of the stage at which the Trial Court has to examine whether sanction has been obtained and if not whether the criminal proceedings should be nipped in the bud, there are diverse decisions of this Court. 76. While this Court has, in D.T. Virupakshappa (supra)…
• Wednesday, January 11 – Section 319 Cr.P.C – Summoning of accused after the pronouncement – Whether valid? – Constitution Bench Decided

  I. Whether the trial court has the power under Section 319 of CrPC for summoning additional accused when the trial with respect to other co-accused has ended and the judgment of conviction Page 6 of 45 rendered on the same date before pronouncing the summoning order?

  II. Whether the trial court has the power under Section 319 of the CrPC for summoning additional accused when the trial in respect of certain other absconding accused (whose presence is subsequently secured) is ongoing/pending,…

• Monday, January 9 – If the accused is admonished by the court then the court cannot impose compensation too

  If the accused is admonished by the court then the court cannot impose compensation…
• Monday, January 9 – Double Jeopardy and Same Offence – Explained

  Double Jeopardy and Same Offence –…
• Monday, January 9 – Contradiction and Impeaching the Witness: All inconsistent statements are not sufficient to impeach the credit of the witness

  All inconsistent statements are not sufficient to impeach the credit of the witness, but, only the former statement which has the potency to discredit the present…
• Monday, January 9 – Sudalaimani vs state – 2014-2-LW(Crl.) 372

  A critical analysis of the judgment rendered by the Hon’ble Division Bench of Madras High Court in sudalaimani vs. state reported in 2014-2-LW(Crl.) 372….
• Monday, January 9 – Re-Examination – When & How?

  RE-EXAMINATION – WHEN &…
• Sunday, January 8 – Victim rights.

  The Operative Portion of the Division Bench Judgment/Order is as follows: It is clear from the above judgments that the role of an informant or the private party is limited during the prosecution of a case in a Court of Session. The counsel engaged by him is required to act under the directions of the…
• Sunday, January 8 – Juvenile Justice Act: Life Sentence: No bar

  Juvenile Justice Act: Life Sentence: No…
• Sunday, January 8 – Victim rights in Courts

  Victim’s right to be…
• Sunday, January 8 – Apex court’s direction as to amendment in criminal rules of practice, 2019 and subsequent compliance by the Madras High court

  Based on the Hon’ble Supreme court judgment to frame draft rules, the Hon’ble Madras High court has made a recommendation to the Government of TamilNadu. State Government has considered the amendment and published the amendment to criminal Rules of Practice, 2019 in Government Gazette and are now in force. …
• Sunday, January 8 – Defence counsels don’t worry I teach you to take defence

  Defence counsels don’t worry I teach you to take…