Author: Advocate Raji Nathani

By applying principles incorporated in S. 222(2) CrPC, the court can consider whether the accused has committed any other offence which is a minor offence in comparison to the offence…

Awareness Series 5 -If that doesn’t get your thinking, we don’t know what will!

Condition imposed for release of seized funds subject to bank guarantee equivalent to amount is invalid when accused not connected with the Company entitled to such funds and also discharged…

Law with regard to evidentiary value of extra-judicial confession as succinctly laid down in Munna Kumar Upadhyay, (2012) 6 SCC 174, commended to be followed as locus classicus. Held, The…

Ingredients, scope and powers bestowed on court under S. 319, explained. It is, thus, manifested from a conjoint reading of the cited decisions that power of summoning under Section 319…

Payment or refund or discharge of liability effected vide banker’s cheque, or pay order, or demand draft, or any instrument where payment is effected through the bank, when complete, and…

Altercation between police officials in reporting room in police station resulting in accidental firing by service weapon, which caused death of one of them, murder, or, causing death by negligence,…

Proportionality/Balancing of Aggravating and Mitigating Circumstances: Principle of proportionality should guide sentencing process. All the accused were found concurrently guilty under Section 148 IPC; they were armed with different kinds…

Factors and parameters that need to be kept in mind by court, summarized. While the right to liberty and presumption of innocence are vital, the court must also consider the…

A power to review cannot be exercised as an appellate power and has to be strictly confined to the scope and ambit of Order XLVII Rule 1 CPC. An error…