# Section1: The Criminal Law School

> The Criminal Law School\. All Your Legal, Latest, Acquittal News and Judgments daily in Your Mobile Phone While in the Move\.

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## Posts
- [Practice \& Procedure: Section 175\(3\) BNSS \(formerly Section 156\(3\) CrPC\)](https://section1.in/section-1753-bnss-formerly-section-1563-crpc-filing-procedure/): This comprehensive legal guide outlines the filing procedure and practice under \[Section 175\(3\) of the BNSS\] \(formerly Section 156\(3\) of the CrPC\)\. It provides a step\-by\-step breakdown of mandatory pre\-filing requirements, jurisdictional rules, new statutory safeguards, and relevant case law for navigating Magistrate\-directed police investigations, including specific guidelines for Tamil Nadu and complaints against public servants\.
- [Practice \& Procedures: Section 138 NI Act Trial Court Procedures](https://section1.in/22786-2/): This article is a study aid compiled from practice material on trial court procedure under Section 138 of the Negotiable Instruments Act, 1881\. It summarises reported decisions for general information and is not legal advice\. Verify the current position of every citation before relying on it\.
- [Rape case: Santosh Gurung vs State of Sikkim: S\.C Quashes Life Sentence Based on Broken Circumstantial Evidence](https://section1.in/rape-case-santosh-gurung-vs-state-of-sikkim-s-c-quashes-life-sentence-based-on-broken-circumstantial-evidence/): An appeal was preferred against concurrent convictions for rape, murder, and screening of evidence founded entirely on circumstantial evidence\. The prosecution failed to establish the last seen circumstance due to equivocal testimonies and an extensive six\-month hiatus, while the recovery under Section 27 was rendered doubtful as it was effected from an open, accessible place\. Crucially, forensic DNA analysis established that the recovered skeletal remains were of male origin, excluding the female victim and leaving the corpus delicti unproven\. Because the chain of circumstances was fatally broken, the accused's silence under Section 313 Cr\.P\.C\. could not supply missing links, warranting an acquittal on the benefit of doubt\.
- [30 Landmark Supreme Court of India Criminal Law Judgments Explained](https://section1.in/30-landmark-supreme-court-of-india-criminal-law-judgments-explained/): This digest explains 30 landmark judgments covering FIRs, arrest, anticipatory bail, default bail, confessions, electronic evidence, dying declarations, sexual offences, medical negligence and sentencing\. A note on the new criminal laws: The Bharatiya Nyaya Sanhita, 2023 \(BNS\), Bharatiya Nagarik Suraksha Sanhita, 2023 \(BNSS\), and Bharatiya Sakshya Adhiniyam, 2023 \(BSA\) generally came into force on 1 July 2024\. The judgments below predominantly interpret the earlier IPC, CrPC and Indian Evidence Act\. Their constitutional principles remain important, but statutory holdings must be read alongside the new provisions and applicable savings and transitional arrangements\. Old section numbers should not be mechanically substituted with new ones\.
- [Statement of the victim \(deceased\) to her mother and the mother repeats the same in her testimony \(deposition\) is admissible in evidence as dying declaration](https://section1.in/statement-of-the-victim-deceased-to-her-mother-and-the-mother-repeats-the-same-in-her-testimony-deposition-is-admissible-in-evidence-as-dying-declaration/): The prosecution alleged prolonged sexual abuse of a minor step\-child inside the house and later throttling her to prevent disclosure of rape\. Conviction rested on mother ocular account as only household eyewitness, supported by autopsy showing throttling and fresh genital injury, plus corroborative and forensic material\. Courts below treated mother as natural truthful witness and awarded and confirmed death\. Supreme Court maintained conviction but held mitigation was genuine and reform not ruled out by State, hence substituted death with life till natural end without remission\.

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