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

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Criminal

CPC S. 96(2) – Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.

IPC S. 174 – Cheque bouncing – Proclaimed person

Cheque bouncing - Proclaimed person - FIR lodged under section 174A Negotiable Instruments Act, 1881 (26 of 1881), Section 138...

IPC S. 153A – Mere repugnancy of the ideas expressed is insufficient to constitute the crime attracting penalty.

Mere repugnancy of the ideas expressed is insufficient to constitute the crime attracting penalty. Court referred to the Canadian Supreme...

IPC S. 153-A – Intention to cause disorder or incite people to violence is the sine qua non of the offence under Section 153 A IPC

IPC S. 153A – Standard of an ordinary reasonable man should be applied

Words used in the alleged criminal speech should be judged from the standards of reasonable, strong-minded, firm and courageous men,...

IPC 153A – It is necessary that at least two such groups or communities should be involved.

Mens rea was held to be a necessary ingredient for the offence under Section 153 A and Section 505 (2)....

IPC S. 153A – One cannot rely on strongly worded and isolated passages for proving the charge

One cannot rely on strongly worded and isolated passages for proving the charge nor indeed can one take a sentence...

IPC S. 153-A – Intention to cause disorder or incite people to violence is the sine qua non of the offence under Section 153 A IPC

Intention to cause disorder or incite people to violence is the sine qua non of the offence under Section 153...

IPC S.34 – Common intention – The number and nature of hard blunt injuries on the two deceased make it apparent that the assailants were more than one

Penal Code, 1860 (IPC), Section 34, 302, 324, 325 and 323 - Murder - Common intention - The number and...

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

June 20, 2021

Where Exception under Sec.84 is claimed, the Court has to consider whether at the time of commission of the offence...

Sentence – Suspension of –

by Punjab Law Reporter

January 27, 2022

#Sentence – Suspension of - When a convicted person is sentenced to a fixed period of sentence and the appellate...

Cr.P.C., S. 205, 317 – Magistrate shall grant exemption to the petitioners from personal appearance and will permit them to be represented through the counsel till their application under Section 245 Cr.P.C is decided. [ID 210800]

July 22, 2023