Indian Penal Code 1860 – Section 198-Mens rea is an essential ingredient of the offence. Only because the accused could not establish her caste claim before the Committee, one cannot conclude that the accused corruptly used the caste certificate. Moreover, corruptly using the certificate is not sufficient. The accused must have knowledge that the certificate …
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Code Of Criminal Procedure 1973- Section 432 of the CrPC [ Section 473(1) BNSS] -(I) The appropriate Government has the power to remit the whole or any part of the punishment of a convict. The remission can be granted either unconditionally or subject to certain conditions; (ii) The decision to grant or not to grant …
Code Of Criminal Procedure 1973 – Section 294– Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Code without proof of the signature of the person to whom it purports to be signed. That is to say that if …
Shyam Narayan Ram vs State Of UP 2024 INSC 800 – S 294 IPC – Formal Proof Of Documents Read More »
Code Of Criminal Procedure 1973 – Section 319 –Is it mandatory to decide the application under section 319 CrPC before conducting cross-examination and only on the basis of examination-in-chief? The Constitution Bench judgment in Hardeep Singh vs. State of Punjab does not take away the discretion of the Trial Court to wait for the crossexamination …
Asim Akhtar vs State Of West Bengal 2024 INSC 794 – S 319 CrPC – Cross Examination Read More »
Summary -Charge sheet alleged that the accused, with the object of cheating the Bank, granted the three facilities to a company – High Court allowed his discharge petition – Dismissing appeal, SC observed: perhaps the only material that creates suspicion is the speed with which the proposal of the Company was sanctioned. As far as …
Indian Penal Code 1860 – Section 302 – Death Sentence –Doctrine of “rarest of rare” requires that death sentence should not be imposed only by taking into consideration the grave nature of crime but only if there is no possibility of reformation by a criminal. (Para 32) Criminal Trial – Non-examination of independent witnesses by …
Code of Criminal Procedure, 1973 – Section 235 –A judgment of conviction shall have two components; namely, (i) Judgment on the point of conviction; and (ii) Where the accused is convicted, a separate order of sentence to be passed according to law, after hearing the accused on the question of sentence- Once the judgment of …
Code of Criminal Procedure 1973- Section 482 –A petition to quash the FIR does not become infructuous on submission of a police report under Section 173 (2) of the CrPC- But when a police report has been submitted, particularly when there is no stay on the investigation, the Court must apply its mind to the …
Indian Penal Code,1860 –Section 306 [Section 108 of BNS,2023]-The basic ingredients to constitute an offence under Section 306 of the IPC are suicidal death and abetment thereof -The ingredients to constitute an offence under Section 306 of the IPC (abetment of suicide) would stand fulfilled if the suicide is committed by the deceased due to …