Bail– An accused is entitled to a speedy trial- An accused or an undertrial has a fundamental right to speedy trial which is traceable to Article 21 of the Constitution of India. If the alleged offence is a serious one, it is all the more necessary for the prosecution to ensure that the trial is …
Code of Criminal Procedure, 1973; Section 321 [ Section 360 BNSS]– Merely because an accused person is elected to the Legislative Assembly cannot be a testament to their image among the general public. Matters of a gruesome crime akin to the double murder in the present case do not warrant withdrawal of prosecution merely on …
Code Of Criminal Procedure, 1973; Section 125 [Section 144 BNSS]- Muslim Women (Protection of Rights on Divorce) Act, 1986 – Section 125 of the CrPC applies to all married women including Muslim married women – Section 125 of the CrPC applies to all non-Muslim divorced women- If Muslim women are married and divorced under Muslim …
Mohd. Abdul Samad vs State Of Telangana 2024 INSC 506 – S 125 CrPC – Muslim Women Read More »
Code of Criminal Procedure, 1973; Section 313 [ Section 351 BNSS] – Though questioning under clause (a) of sub-Section (1) of Section 313, Cr.PC, is discretionary, the questioning under clause (b) thereof is mandatory. Needless to say, a fatal non-compliance in the matter of questioning under Clause (b) of sub-section (1) thereof, in case resulted …
Naresh Kumar vs State Of Delhi 2024 INSC 464 – S 313 CrPC Read More »
Bail – The condition of dropping a PIN on Google Maps cannot be imposed – Imposing any bail condition which enables the Police/Investigation Agency to track every movement of the accused released on bail by using any technology or otherwise would undoubtedly violate the right to privacy guaranteed under Article 21.
Indian Penal Code, 1860; Section 299,300- Provocation itself is not enough to reduce the crime from murder to culpable homicide not amounting to murder. In order to convert a case of murder to a case of culpable homicide not amounting to murder, provocation must me such that would temporarily deprive the power of self-control of …
Indian Penal Code, 1860; Section 34 and 149 –A mere common intention per se may not attract Section 34 IPC without action in furtherance of such common intention- There is a significant distinction between Section 34 and Section 149 of IPC. Section 34 requires active participation and prior meeting of minds whereas Section 149 assigns …
Madhusudan vs State Of Madhya Pradesh – S 34 IPC – Common Intention Read More »
Unlawful Activities (Prevention) Act, 1957; Section 18– For the purpose of considering the offence under Section 18, the commission of terrorist act as contemplated in Section 15 of UAPA is not required to be made out. What Section 18 contemplates is that whoever conspires or attempts to commit, or advocates, abets, advises or incites, directly …
Union of India vs Barakatullah 2024 INSC 452 -S 18 UAPA – Bail – CrPC Read More »
Code Of Criminal Procedure, 1973; Section 436A – Prevention of Money Laundering Act,2002- Section 436A will apply even to a case under the PMLA. But the Court can still deny the relief owing to the ground such as where the trial was delayed at the instance of the accused- Referred to Vijay Madanlal Choudhary Vs. …
Ajay Ajit Peter Kerkar vs Directorate Of Enforcement – S 436A CrPC – PMLA Read More »
Criminal Trial – Sentencing -There is a crying need for a clear sentencing policy, which should never be judge-centric as the society has to know the basis of a sentence- Sentencing shall not be a mere lottery. It shall also not be an outcome of a knee-jerk reaction.- The Government of India represented by the …
Sunita Devi vs State Of Bihar 2024 INSC 448 – Speedy Trial – Sentencing – CrPC Read More »