Code of Criminal Procedure, 1973; Section 319 –Discretionary powers under Section 319 of the CrPC ought to have been used sparingly where circumstances of the case so warrant – crucial test to be applied is one which is more that prima facie case as exercised at the time of framing of charge, but short of …
Code Of Criminal Procedure, 1973; Section 389 – When there is a fixed term sentence and especially when the appeal is not likely to be heard before completing entire period of sentence, normally suspension of sentence and bail should be granted – in several deserving cases, bail is being denied. Such cases should never be …
Atul @ Ashutosh vs State Of Madhya Pradesh CrA 579 Of 2024 – Suspension Of Sentence Read More »
Code Of Criminal Procedure, 1973; Section 437 – Section 437 would come into play when the accused is arrested or detained or when the summons or warrant is issued against the accused for causing him to be brought or to appear before the Court. In absence of any order for issuance of summons or warrant …
Souvik Bhattacharya vs Enforcement Directorate SLP(Crl) 14476 Of 2023 – S 437 CrPC Read More »
Practice and Procedure – Criminal Appeal – When Advocate for the appellant was not present, two courses were open for the High Court : One was to examine the merits of the case and decide it on merits. But in such a case, the judgment must show application of mind after considering the evidence of …
Vishnu @ Pappu vs State Of Uttar Pradesh SLP(Crl) 12747 Of 2023 – Criminal Appeal Read More »
Practice and Procedure – A technicality like the caption of the application/petition could not be an impediment to consider the substance thereof. [ In this case, instead of filing protest petition,the appellant moved an application captioned as “under Section 173(8) of Cr.P.C.”- We fail to understand what prevented the Magistrate from treating that application purportedly …
Code of Criminal Procedure, 1973; Section 378 – Limitation Act, 1963; Sections 2,3,5 ,29– The benefit of Section 5 read with Sections 2 and 3 of the Limitation Act, 1963 can be availed in an appeal against acquittal – Under Section 378 of the new CrPC read with Section 29(2) of the Limitation Act, 1963 …
Criminal Trial – Extra Judicial Confession – A weak type of evidence and is generally used as a corroborative link to lend credibility to the other evidence on record – Extra judicial confession must be accepted with great care and caution. If it is not supported by other evidence on record, it fails to inspire …
Code of Criminal Procedure, 1973; Section 153 – Merely delay in registering the FIR per se cannot be a ground to reject the case of the prosecution but there has to be an explanation, especially, when 10 days have elapsed.
Code Of Criminal Procedure, 1973; Section 482 – Appeal against HC judgment that refused to quash FIR allowed – Criminal prosecution should not be allowed to continue where the object to lodge the FIR is not for criminal prosecution and for punishing the offender for the offence committed but for recovery of money under coercion …
Code Of Criminal Procedure, 1973; Section 91 – The accused cannot invoke and would not have right to invoke Section 91 Cr.P.C. at the stage of framing of charge – Referred to State of Orissa Vs. Debendra Nath Padhi, (2005) 1 SCC 568: Insofar as the accused is concerned, his entitlement to seek order under …
State Of Rajasthan vs Swarn Singh @ Baba CrA 856/2024S 91 CrPC – Right Of Accused Read More »