Criminal Procedure Code, 1973 — S. 482
Exercise of inherent powers of High Court under, to quash criminal proceedings in view of compromise arrived at between parties in case of matrimonial disputes, when warranted, explained. Since the…
Criminal Procedure Code, 1973 — Ss. 432(7), 433 and 433-A and S. 406 — Appropriate Government for Determination of Application for grant of premature release
Crime was committed in State of Gujarat, but case pending before trial court there was transferred by Supreme Court to competent court in State of Maharashtra for trial and disposal.…
Criminal Procedure Code, 1973 — Ss. 386, 374 and 390 — Discharge by High Court in appeal against conviction — Whether such discharge order can be suspended or stayed by Supreme Court:
Considering S. 390 CrPC, the appellate court in an appeal against acquittal may/can even suspend the order of acquittal/discharge passed by the appellate court and, therefore, Supreme Court can suspend…
Proper exercise of power for Bail/Anticipatory bail – Ss. 439, 437, 438, 440 r/w Ss. 41, 41-A, 88, 170, 204, 209, 309 and 436-A
The investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41A of the Code and the directions issued in Arnesh Kumar v. State…
Prevention of Corruption Act, 1988 — Ss. 13(1)(d) & 13(2) — Whether Discharge warranted — Determination of Alleged disproportionate expenditure
Based on the principles on discharge under Section 227 of the Cr.P.C, in Dipakbhai Jagdishchandra Patel v. State of Gujarat (2019) 16 SCC 547, this Court recapitulated “…23. … All that is required is, the…
Juvenile Justice (Care and Protection of Children) Act, 2015 — Ss. 9(2), (3) and 94 — Claim of juvenility before court — Burden of proof
When a claim for juvenility is raised, the burden is on the person raising the claim to satisfy the court to discharge the initial burden. However, the documents mentioned in…
S. 439 — Bail
During the course of the investigation, statement of eyewitness – Narender has been recorded. In his statement under Section 161 Cr.P.C., a specific role has been attributed to respondent No.…
Criminal Law — Victimology Criminal Trial and Principles for sentencing- Just punishment or more
Recognizes protection of victim’s right — Right of victim or their near and dear ones to seek enhancement of sentence: Victim’s right (including that of victim’s relations, heir or guardian), is…
Protection of Children from Sexual Offences Act, 2012 — Ss. 7 to 12, 29 and 30 — “Sexual assault” as defined in S. 7 — Meaning and Ingredients of
Expressions “touches” or “touch” in first part of S. 7, and, “physical contact” in second part of S. 7, cannot be construed as “skin-to-skin” contact. The most important ingredient for…
Criminal Law — Criminal Trial — Witnesses
It could thus be seen that this Court in its celebrated judgment in the case of Vadivelu Thevarhas found that witnesses are of three types, viz., (a) wholly reliable; (b)…