CrPC
Supreme Court: Deception Alone Insufficient for Cheating Without Dishonest Inducement Prosecution Must Prove Accused Made Forged Document and Had Requisite Mens Rea. ID 416860
(2025-2)217 PLR 737 (SC)(SN) = 2025 PLRonline 006 = ID 416860 2025-PLRonline-0061-1Download SUPREME COURT OF INDIA Present: Justice B.V. Nagarathna...
Read moreCrPC S. 156(3), 200 – Upon a Magistrate taking cognizance of a complaint under Section 200 of the CrPC 1973, the Court is precluded from directing an investigation under Section 156(3) of CrPC. [ID 448777]
2024 PLRonline 448777 = (2024-3)215 PLR 737 (SN) PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Vinod S. Bhardwaj. DIVYANSHU MEHTA...
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 moreCrPC S. 482 – Sarfaesi – Discretion has been conferred on the High Court to pass the interim orders in exceptional cases for not taking coercive steps against the accused pending the proceedings, particularly when the proceedings under the SARFAESI Act were initiated against the borrowers. [PLRonline update]
CrPC S. 482 - Sarfaesi - Discretion has been conferred on the High Court to pass the interim orders in...
Read more[SC] Bail – Suspension – No rule which requires an accused to undergo sentence for a particular period before considering prayer for suspension – Court ought to have favorably considered the prayer when there were no antecedents and more than 40 % of the sentence has been undergone. [PLRonline #426780]
There is no hard and fast rule which requires an accused to undergo sentence for a particular period before his...
Read morePrevention of Money Laundering Act S. 19 – Duty of court – ED’s role and functioning – recording the second ECIR immediately after they secured interim protection in relation to the first ECIR, does not commend acceptance as it reeks of arbitrary exercise of power – Arrest cannot be sustained – Constitutional and statutory mandate of informing the arrested person of the grounds of arrest. 2023 SCeJ 639 = PLRonline 446685 (SC) = (2023-4)212 PLR 535 (SC)
Pankaj Bansal v. Union of India 2023 SCeJ 639 , PLRonline 446685 (SC) , (2023-4)212 PLR 535 (SC) SUPREME COURT...
Read more[SC] Bail – Merely because the appellant did not confess, it cannot be said that the appellant was not cooperating with the investigation. [2017 PLRonline 0301]
Custodial interrogation is not for the purpose of `confession' as the right against self-incrimination is provided by Article 20(3) of...
Read more[SC] Bail – Surety – Multiple FIRs – Single Bond to be executed for the FIRs. [ 2018 PLRonline 1304]
Bail order imposed onerous condition of producing indvidual sureties, one in each of the over 30 cases - Modified to...
Read moreCrPC S. 82, 83, and 174 – Action Against Witnesses who do not appear inspite of notices – Proceedings can be taken to declare them as Proclaimed offender – Directions issued by P&H High Court in 2022 PLRonline 0597 to all D&S Judges/ DGP, set aside. [ (2023-4) PLR 291 (SC)]
State of Haryana v. Darshan Singh | (2023-4)212 PLR 291 (SC) setting aside directions in 2022 PLRonline 0597 CrPC S....
Read moreCrPC S. 82, 83, 174 – Witness – Whether action can be taken against him under section 82 or deals only with accused persons. [2022 PLRonline 0597]
Criminal Procedure Code, 1973, Section 82, 83, 174 - Witness - Whether action can be taken against him under section...
Read moreCrPC S. 446 – Bail bond – Forfeiture of surety bond of Rs.2 lacs – Lenient view can be taken – Reduced to Rs. 25,000 [2023 PLRonline 0121]
PUNJAB AND HARYANA HIGH COURT Before: Jasjit Singh Bedi, J. Rajinder Singh & Another - Petitioners Versus State of Haryana...
Read moreCrPC S. 438 – extra-territorial anticipatory bail.
CrPC S. 438 of CrPC, 1973 - extra-territorial anticipatory bail. Case NameHigh CourtOutcome and Reasoning1. Pritam Singh v. State of...
Read moreCriminal Procedure Code, 1973 Section 482 – Evidence Act, 1872 Section 27 – Expert report not produced – Mixing of petrol/diesel – Proceedings quashed. [SupremeCourtOnline 445604]
However, the respondent did not provide an expert's report confirming the precise nature of the liquid - Despite sending samples...
Read moreCrPC S. 319 – Tests – Summoning of additional accused – Evidence must be of such degree which is more than disclosing prima facie case but may be less than sufficient to ensure conviction. [2014 PLRonline 0214 (SC)]
The power under Section 319 of the Code of Criminal Procedure (CrPC) can be exercised during any inquiry into or...
Read moreCrPC S. 313 – Complete denial or silence, Court is entitled to draw an adverse inference – Abkari Act, Section 57(A)(1) – Offence under Section 57A is not limited to the holders of the license under the Act, but refers to anybody who mixes or permits to be mixed any noxious substance, likely to endanger human life with any liquor. [PLRonline #412680]
Abkari Act, Section 55 - Illegal import, sale etc. - Alcohol as mentioned in Section 55, has been defined under...
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