Criminal

March 10, 2025

Probation of Offenders Act, 1958 (20 of 1958), Section 3, 4, 5 – Probation – Obligatory to grant probation to eligible first-time offenders, except in cases involving death penalty or life imprisonment . [PLRonline ID 446854]

March 8, 2025

CrPC S. 439 – Second Bail Application – There is no legal bar to filing a new bail application after a previous one has been rejected or granted and later cancelled. The right to file a fresh bail application is not contingent upon the Supreme Court’s permission, when the first Bail was allowed by the HC and set aside by the SC and had not allowed the filing of a new bail petition. 2025 PLRonline 474853 (SC)

February 24, 2025

CrPC 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]

December 23, 2024

Home Category Criminal

Criminal

Constitution of India, Art. 21 – Quasi-solitary confinement

Prison – Facility of cooking own food is a privilege

Punjab Jail Manual, paragraph 719 - Facility of cooking own food is a privilege - Grant of such a privilege...

An un-convicted criminal prisoner has the right to maintain himself from private sources

Prisons Act, 1894 (9 of 1894), Section 31 - Punjab Jail Manual, paragraph 713 - An un-convicted criminal prisoner has...

Prisons Act, 1894 (9 of 1894), Section 56 – Liberty of challenging the classification

Prisons Act, 1894 (9 of 1894), Section 56 - Liberty of challenging the classification - Regarding confinement of a prisoner...

Prisoners are human beings despite their liberty having been curtailed

Constitution of India, Articles 14, 19 and 21 - Prisoners are human beings despite their liberty having been curtailed - ...

Sexual Offence, Name of victim not to be mentioned in any proceedings

July 2, 2021

However, we take exception to the judgment of the Sessions Judge where the name of victim is mentioned. It is...

Natural justice – no one can complain of not being given an opportunity to make representations if such an opportunity would have availed him nothing.

IPC, S. 304-B, Law Summarized

July 1, 2021

Indian Penal Code, 1860 (45 of 1860), 1860 (45 of 1860), Section 304-B - Evidence Act, 1872 (1 of 1872),...

IPC S. 306 – Dowry death – For the offence under Section 306, IPC the prosecution needs to first establish that a suicide has been committed

Indian Penal Code, 1860 (45 of 1860), Section 306 - Abetment of suicide – Dowry death - For the offence...

Dowry death – Presumption of – Chain of circumstances proves that there existed a live and proximate link between the instances of demand of dowry and the death of the deceased

Indian Penal Code, 1860 (45 of 1860), Section 304-B – Evidence Act, 1872 (1 of 1872), Section 113-B – Dowry...

IPC

Dowry death – Shall be deemed to have caused her death

July 1, 2021

Indian Penal Code, 1860 (45 of 1860), Section 304-B - "dowry death" - "shall be deemed to have caused her...

CrPC, S. 232 – Such discretion must be utilized by the Trial Courts as an obligation of best efforts

Criminal Procedure Code, 1973 (II of 1974), Section 233 Section 232, CrPC provides that, “If, after taking the evidence...

CrPC, S. 313 – It is a matter of grave concern that, often, Trial Courts record the statement of an accused under Section 313, CrPC in a very casual and cursory manner, without specifically questioning the accused as to his defense

Indian Penal Code, 1860 (45 of 1860), Section 304-B Evidence Act , Section 113-B. Criminal Procedure Code, 1973 (II of...

Evidence Act, S. 113-B

IPC, S. 304-B. Evidence Act , Section 113-B - The prosecution must at first establish the existence of the necessary...

IPC, S. 304-B – Must be interpreted keeping in mind the legislative intent to curb the social evil of bride burning and dowry demand.

Satbir Singh v. State of Haryana - 2021 SCeJ 900

IPC, S. 84 – Where Exception under Sec.84 is claimed

IPC, S. 304-B – Study of the legislative history

Satbir Singh v. State of Haryana - 2021 SCeJ 900

IPC, S. 304-B – Sometimes family members of the husband are roped in, even though they have no active role in commission of the offence

June 26, 2021