Criminal
IPC S. 306 – Abetment to suicide – Instigation – Mens rea – What is Abetmenrt ? – Refusal to marry – Accused on asking of the deceased had simply refused to marry her which is not a positive act on his part with any intention to abet the crime of suicide. [ID 415774]
(i) Indian Penal Code, 1860 (45 of 1860), Section 107, 306 - Abetment to suicide – Instigation – Mens rea...
Read moreNDPS S. 15, 29, 37 – CrPC S. 439 – Commercial quantity – Regular bail – Petitioner is in custody for last 1 year and 10 days; out of a total of 18 prosecution witnesses, none has been examined – Further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India. [ID#430771]
2024 PLRonline 15 = (2024-3)215 PLR 129 (SN) = Punjab and Haryana High Court Before: Aman Chaudhary, J. Rashid Hussain Thoker...
Read moreBail – As per custody certificate, petitioner, who is a young man aged 22 years, has already suffered incarceration for about 01 year 10 months and 15 days & is not shown to be involved in any other case – Bail granted – IPC, Sections 354- B, 376DA, 506, 216 – POCSO Act, Section 6
BNSS, 2023 Section 483 - Court does not deem it appropriate to delve deep into the contentions, at this stage,...
Read moreConstitution of India, Article 22 – NDPS S. 3, 9, 11 – Preventive Detention – Whether an order of Preventive detention could have been passed solely on the basis of past involvement of the accused in the cases under the NDPS Act and formation of an opinion about the likelihood of the involvement of the suspect in further offences as well on the basis of the antecedents ? [2024 PLRonline 011 , 2024 PHHC 081331]
Narcotic Drugs and Psychotropic Substances Act, 1988,Section 3 - Whether Section 3 can be exercised as a means of enforcement...
Read more[SC] Economic offences – Anticipatory bail – Cancelled. [PLRonline 419506]
Criminal Procedure Code (2 of 1974), S.438 - Anticipatory bail – Economic Offences - IPC S. 420, 465, 467, 471...
Read moreBail – Cancellation – Compromise – Cancellation of a bail for violation of the terms of such compromise. [PLRonline]
“6. The learned counsel appearing for the respondent, however, contended that the very basis of the grant of bail originally...
Read moreBail – Cancellation – Very cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail, already granted. [PLRonline]
4. Rejection of bail in a non-bailable case at the initial stage and the cancellation of bail so granted, have...
Read moreBail – cancellation – grounds illustratively though not exhaustively. [PLRonline]
(i) by indulging in similar criminal activity, (ii) interfering with the course of investigation, (iii) attempted to tamper with evidence...
Read moreBail – Cancellation – On the allegation that the appellant has failed to comply with the terms of the compromise by not vacating the premises in question within the time stipulated, the petition for cancellation of bail was filed.[PLRonline]
4. “The dispute raised in the case relates to eviction of the appellant who is the tenant from the premises...
Read more[Criminal] Principles governing the exercise of appellate jurisdiction while dealing with an appeal against acquittal. [PLRonline]
principles governing the exercise of appellate jurisdiction while dealing with an appeal against acquittal “8.1 The acquittal of the accused...
Read more[Criminal] Principles governing the scope of interference by the High Court in an appeal filed by the State for challenging acquittal of the accused recorded by the trial Court. [PLRonline]
“29. After referring to a catena of judgments, this Court culled out the following general principles regarding the powers of...
Read moreeSakshya (e-evidence)
It allows police to record crime scenes, search and seizure procedures in criminal cases, and upload the digital evidence files...
Read moreIPC S. 363, 366 – Abductee minor had clearly stated that she was neither taken away nor induced and that she had left her home of her own freewill – Section 366 IPC would come into play. [PLRonline #418506]
Indian Penal Code, 1860, Section 363, 366 - Kidnapping would necessarily involve enticing or taking away any minor under eighteen...
Read moreIPC S. 34, 149 – Distinction and similarity between Section 34 and 149 of IPC and also the circumstances when both Sections are simultaneously applicable. [#212601]
PLR PLRonline 2003 PLRonline 0101 SUPREME COURT OF INDIA Before:- N. Santosh Hegde and B.P. Singh, JJ. CHITTARMAL - Appellant Versus STATE OF...
Read moreNIA S. 138 – Compounding – Though the complainant has been duly compensated by the accused yet the complainant does not agree for the compounding of the offence, the courts cannot compel the complainant to give ‘consent’ for compounding of the matter – On facts – Quashed.
138 - Compounding - Though the complainant has been duly compensated by the accused yet the complainant does not agree...
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