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 Evidence Act, 1872; Section 32– Once a dying declaration is found to be authentic inspiring confidence of the court, then the same can be relied upon and can be the sole basis for conviction without any corroboration. However, before accepting such a dying declaration, court must be satisfied that it was rendered voluntarily, it …
Rajendra vs State Of Maharashtra 2024 INSC 422 – S 32 Evidence Act – Dying Declaration Read More »
Code Of Criminal Procedure, 1973; Section 161,162– Any statement made by a person to a police officer in the course of investigation, which is reduced in writing, cannot be used for any purpose except as provided in Section 162. The first exception incorporated in sub-Section (2) is of the statements covered by clause (1) of …
Alauddin vs State Of Assam 2024 INSC 376 – Ss 161,162 CrPC – Ss 145,155 Evidence Act Read More »
Public Prosecutor – There should not be any element of political consideration in the matters like appointment to the post of public prosecutor, etc. The only consideration for the Government should be the merit of the person. The person should be not only competent, but he should also be a man of impeccable character and …
Code Of Criminal Procedure, 1973; Section 378,386– scope of interference by an appellate Court for reversing the judgment of acquittal recorded by the trial Court in favour of the accused has to be exercised within the four corners of the following principles:-(a) That the judgment of acquittal suffers from patent perversity; (b) That the same …
Indian Evidence Act, 1872 ; Section 27- For proving a disclosure memo recorded at the instance of the accused, the Investigating Officer would be required to state about the contents of the disclosure memo and in absence thereof, the disclosure memo and the discovery of facts made in pursuance thereto would not be considered as …
Hansraj vs State Of MP 2024 INSC 318 – S 27 Evidence Act Read More »
Power Of Attorney – Power of Attorney holder can only depose about the facts within his personal knowledge and not about those facts which are not within his knowledge or are within the personal knowledge of the person who he represents or about the facts that may have transpired much before he entered the scene …
Indian Evidence Act, 1872; Section 27 – For bringing the case under Section 27 of the Evidence Act, it will be necessary for the prosecution to establish that, based on the information given by the accused while in police custody, it had led to the discovery of the fact, which was distinctly within the knowledge …
Indian Evidence Act, 1872; Section 114A – The condition precedent for applicability of Section 114A of the Evidence Act is that the prosecution must be for the offence of rape under various clauses set out therein under sub-Section (2) of Section 376 of the IPC – When this condition is not met, the presumption under …
Indian Evidence Act, 1872; Section 106 -Where the prosecution proves that the deceased was last seen in the company of the accused and the death of the deceased has occurred soon thereafter, the burden would shift upon the accused. However, for that, initially the prosecution will have to discharge the burden. Merely because the appellants …