IPC

IPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]

IPC S. 149 – When five persons were specifically named in the FIR and five persons are facing the trial may be separately, Section 149 IPC would be attracted – FIR- Delay of 3 ½ days – Properly explained. [2023 SupremeCourtOnline 0009]

CrPC, S. 313(1)(b) – Any failure to consider the accused’s explanation of incriminating circumstances, in a given case, may vitiate the trial and/or endanger the conviction. (2023-1)209 PLR 430, 2023 SCeJ 0037

CrPC S. 482 – Revisable order – Does not bar or prohibit jurisdiction of High Court under S. 482 when there is apparent illegality – If the initial action is not in consonance with law, all subsequent & consequential proceedings would fall

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IPC

IPC, S. 323,324/34 – Concurrent findings of innocence, court will not interfere – Delay of 30 hours in FIR – No TIP – Acquitted.

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Revisional jurisdiction - Concurrent findings of innocence of an accused could only be interfered with if there were grave factual...

IPC S. 188 – Where an “offence” is committed under S. 188 of the IPC, it would be mandatory on the part of the public servant concerned to file a complaint in writing before the jurisdictional Magistrate

Section 195 Cr.PC. opens up with the word “No Court” and thus, imposes an express bar for any Court to...

COI Art. 227 – Revision – Scope of interference is limited.

IPC, S.498-A – Compromise – Armyman – High Court should have accepted the settlement and quashed all proceedings with annulment of the orders. [SC]

IPC S. 498-A – Settlement between the parties, maintaining of conviction of the appellant of the offence under Section 498-A...

CrPC S. 195 – Non-compliance of Section 195 Cr.P.C. is a defect which cannot be cured subsequently (Del.)

Indian Penal Code, 1860 (XV of 1860) S. 188 - Cr.P.C., 1973 (II of 1974), Section 2(d), 173(8) , 195...

CrPC S. 227 – IPC S. 302, 120-B – Discharge – Destruction of evidence – Allegation not substantiated by any material or oral/documentary evidence – Appellant discharged

Criminal Procedure Code, 1973, Section 227 - Penal Code, 1860, Sections 302, 120B - Discharge - Charge relating to conspiracy...

IPC, S. 302, 34 – Murder – Setting aside order of acquittal – Challenge

IPC, S.302, 34 – Murder – Setting aside order of acquittal – Challenge – Very presence at 3.30 in the...

IPC S. 34 – Creates a deeming fiction by infusing and importing a criminal act constituting an offence committed by one, into others, in pursuance to a common intention – This would require the quality of evidence to be substantial, concrete, definite and clear – What is required is a common intention – Dominant feature of Section 34 is an element of intention and participation in action

IPC S. 34 - Section 34 creates a deeming fiction by infusing and importing a criminal act constituting an offence...

IPC S. 201, 302 – In a case of direct evidence, motive would not be relevant, in a case of circumstantial evidence, motive plays an important link to complete the chain of circumstances – Circumstances on record do not make a complete chain to dispel any hypothesis of innocence of the appellant – Acquitted

Indian Penal Code, 1860 - S.201, S.302 - Prosecution had not alleged any motive on part of the appellant to...

IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

Evidence Act

Evidence Act S. 105 – Self defence – Burden of proof rests with the accused who takes up the plea of self defence

Evidence Act, 1872 , S. 105 – Self defence - Burden of proof rests with the accused who takes...

IPC S.100 – Right of private defence – Is necessarily a defensive right which is available only when the circumstances so justify it – Such an act of private defence should have been done in good faith and without malice.

Penal Code (1860), S.100 – Right of private defence – Is necessarily a defensive right which is available only...

IPC, S. 376 – Complainant resiled from her statement that rape was committed on her – SP directed to conduct an enquiry to teach a lesson to the persons like the complainant who are making mockery of law by misusing the provisions of law

IPC, S. 376 - CrPC S. 438, 164, 161 - Complainant stated that forcefully the applicant committed rape with...

IPC S. 174-A – NIA S. 138 – Summons not served – PO proceedings quashed

Indian Penal Code, 1860 (XLV of 1860) Section 174-A - Petitioners had, in fact, not received the summons qua the...

IPC S. 174-A – Quashed

Indian Penal Code, 1860 (XLV of 1860) Section 174-A - Not served at the given address – Subsequently granted anticipatory...

IPC S. 174-A – Proclaimed offender – Quashed

IPC S. 174-A - Petitioner could not appear before the trial Court as he was stated to have not been...

[SC] IPC S. 302 – If an act of rash and negligent driving was preceded by real intention on the part of the wrong doer to cause death, then a charge under section 302 IPC may be attracted.