Criminal Law

Principles clarified re “known sources of income” under S. 13(1)(e) PC Act, 1988, and stage at which onus to account satisfactorily for the money to be discharged by accused. Held, Section 13(1)(e) of the Act 1988 makes a departure from the principle of criminal jurisprudence that the burden will always lie on the prosecution to […]

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 gravity of the offence, the impact on society, and the need for a fair and free investigation. it is essential to ensure that all the

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 of implements and weapons, that were capable of inflicting deadly injuries. The postmortem report of Subhash revealed at least six serious head injuries, including fracture

At the stage of hearing on the charges, entire evidence produced by the prosecution is to be believed and if no offence is made out, then only an accused can be discharged. Truthfulness, sufficiency and acceptability of the material produced can be done only at the stage of trial. At the stage of charge, the

Imposition of less than minimum prescribed thereunder (of 10 yrs’ RI at the relevant time) is impermissible, even when the accused had moved ahead in life. it was noted by the High Court that the age of the child, rather victim is 10 years and on the contrary, Section 5 (m) of the Act itself

In the night there was an exchange of fire between men in uniform and members of the public, but there is no reliable evidence that the exchange of fire was with a view to kill. Moreover, the deceased did not die of a rifle bullet injury. Rather, he died from a .12 bore gunshot which

Factors to be considered for grant of probation, explained. Held, The incident pertains to the year 2007, when the appellant was about 31 years of age and has been sentenced to undergo imprisonment for a period of one month. As per the information furnished by the learned counsel for the State, the appellant has never

Apparently, the bar contained in Section 197 of the Code would not be attracted to the aforesaid facts and circumstances of the present case simply because the police officers had exceeded their authority in proceeding to arrest the accused persons at Criminal Appeal @ S.L.P.(Crl.) No.4517 of 2019 Anuppur which was not within the territorial jurisdiction

Principles clarified re cases in which money allegedly misappropriated should be directed to be deposited before the application for anticipatory bail/bail is taken up for final consideration, or as a condition for grant of anticipatory bail/bail. Case Comment: Inclusion of a condition for payment of money by the applicant for bail tends to create an

Principles clarified relating to effect of determination of juvenility after conviction at stage of appeal, on status of trial, conviction and sentence recorded by trial court and appellate court. The appeal preferred by the appellant was dismissed by the High Court and the death reference forwarded by the Trial Court was affirmed, During the pendency