Criminal
Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials – Draft Criminal Rules On Practice, 2021 . 2021 PLROnline 5300
In Re: To Issue Certain Guidelines Regarding Inadequacies and Deficiencies in Criminal Trials v. State of Andhra Pradesh (SC) :...
Read moreNIA S. 118(a) – When the pronote and receipt have been proved – Plaintiff is not further required to prove his capacity to make the said payment. (ID# 214001)
Negotiable Instruments Act, Section 118(a) – Plaintiff has proved that the pronote and receipt were duly executed in accordance with...
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] IPC S. 306 – Mens Rea – Act of instigation must be of such intensity that it is intended to push the deceased to such a position under which he or she has no choice but to commit suicide – Instigation must be in close proximity . [PLRonline 478683]
IPC SECTIONS 107 AND 306 - ABETMENT TO COMMIT SUICIDE Instigation must be direct, intentional, and proximal to the act...
Read moreIPC S. 306 – There has to be a clear mens rea to commit the offence.
The court opined that there should be intention to provoke, incite or encourage the doing of an act by the...
Read more[SC] IPC S. 302 – Acquittal – Possible views – Both versions as taken by the trial court and by the High Court appear to be the possible views – Circumstantial evidence – View taken by the High Court in extending the benefit of doubt to the accused persons appears to be the most plausible view . [2023 SCeJ 575]
ACQUITTAL -SECTION 302 OF IPC 1. Role and Credibility of the Sole Eyewitness (Complainant/Father): - The complainant, who is the...
Read moreNDPS S. 50 – Non compliance – Absence of the word “Magistrate” in the notice provided to the accused. [PLRonline 414666]
Option which was required to be given to the accused, as per Section 50 of the NDPS Act, was that...
Read moreBail – Since the object of the detention or imprisonment of the accused is to secure his appearance and submission to the jurisdiction and the judgment of the court, the primary inquiry is whether a recognizance or bond would effect that end. [PLRonline]
AMERICAN JURISPRUDENCE (2d, Volume 8, p. 806, para 39), it is stated: “Where the granting of bail lies within the...
Read more[SC] Bail – Issue of bail is one of liberty, justice, public safety and burden of the public treasury. [PLRonline]
“... the issue of bail is one of liberty, justice, public safety and burden of the public treasury, all 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 moreIPC Section 34, 302 – Common intention can be formed right before or during the incident – Withholding eye-witnesses does not automatically lead to adverse inference against the prosecution. (2023-4)212 PLR 282 (SC)
IPC Section 34, 302 Vicarious Liability under Section 34 (Para 7): The court clarified that Section 34 of the IPC,...
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