Code of Criminal Procedure 1973

Afjal Ansari vs State of UP 2023 INSC 1071 – S 389 CrPC – Suspension Of Sentence

December 15, 2023 / By

Code of Criminal Procedure, 1973; Section 389- Appellate Court is unambiguously vested with the power to suspend implementation of the sentence or the order of conviction under appeal and grant bail to the incarcerated convict, for which it is imperative to assign the reasons in writing – in order to suspend the conviction of an …

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Section 441A CrPC – Can A Person Stand As Surety In More Than One Case?

January 27, 2023 / By

Section 441A CrPC reads as follows: “Declaration by sureties- Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars.” This provision suggests that a …

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Section 482 CrPC – Quashing Of Criminal Proceedings/FIR [Section 354D IPC]

January 22, 2023 / By

Singaraju Somasekhar vs State Of Telangana [Telangana HC] : In order to attract Section 354D IPC, the contacting and attempt to contact shall be in respect of outraging the modesty of the woman. The intention here is to continue the relation with the de-facto complainant in spite of clear indication of her disinterest. Here both …

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Section 432(2) CrPC – Remission – Opinion of Presiding Judge – Inadequate Reasoning

January 19, 2023 / By

Section 432 CrPC speaks about power of appropriate Government to suspend or remit sentences. Section 432(2) reads as follows: Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had …

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“Bail is rule, jail is exception”

January 19, 2023 / By

Many Supreme Court and High Court judgments contain this observation. Justice VR Krishna Iyer said thus in State Of Rajasthan vs Balchand @ Baliay AIR 1977 SC  2447. Last year, in Arnab Manoranjan Goswami v. State of Maharashtra 2021 (2) SCC 427, Justice DY Chandrachud (now CJI) commented about the judgment in Balchand (supra) [Notice the footnote particularly ]   This Court, time and …

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S 125 CrPC- Execution Of Maintenance Orders Against Person Residing In A Place Outside Court’s Jurisdiction?

January 12, 2023 / By

Whether a Court, which passed an order of maintenance under Section 125 and 127 of the Code of Criminal Procedure, is competent to execute the order against a person, who has been residing in a place outside the jurisdiction of the Court, which passed the order? This question has been answered by the Kerala High …

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Section 125 CrPC – Can A Mother Seek Maintenance From Her Children Instead Of Seeking It From Husband?

January 9, 2023 / By

Under Section 125 CrPC, a Magistrate can pass a maintainence order against a person having sufficient means neglects or refuses to maintain; The question is whether a wife can choose to seek maintenance from her major son instead of seeking it from her husband? If we read Section 125 CrPC, we can see that maintenance …

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Magistrate’s Jurisdiction To Grant Bail In Case Of Offences Which Are Exclusively Triable By Sessions Court

January 9, 2023 / By

Section 437 CrPC provides that  when any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of session, he may be released …

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