Criminal Law

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

Principles for imposition of death sentence, surveyed in detail. Practical guidelines framed for collection/collation of mitigating circumstances. This court in Bachan Singh had warned against categorising cases.96 Rejecting the contention that standards and guidelines should be laid down, it was noted in Bachan Singh that degree of culpability cannot be measured, and aggravating and mitigating

It so happened that before the seven days police custody is over and before the CBI exercises the power of interrogation for full seven days which as per the order passed by the learned Special Judge was available to the CBI, the respondent-accused got himself hospitalised on 18.04.2021. On 21.04.2021, the learned Special Judge granted

Principles clarified relating to permissibility of cancellation of default bail on merits after submission of charge-sheet. Held, From the above, the law, which emerges is that 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,

Principles summarized relating to duty of court after insertion of S. 313(5) which enables court to take assistance of Public Prosecutor and defence counsel.  What follows from these authorities may briefly be summarized thus: section 313, Cr. P.C. [clause (b) of sub-section 1] is a valuable safeguard in the trial process for the accused to