[Bond For Peace Keeping] Show Cause Notice Issued By Magistrate Without Following Mandate U/S 111 CrPC Non-Est: Kerala High Court
1 year, 6 months ago

[Bond For Peace Keeping] Show Cause Notice Issued By Magistrate Without Following Mandate U/S 111 CrPC Non-Est: Kerala High Court

Live Law  

The Kerala High Court has held that while issuing summons to show cause under provisions of bond for peace keeping, etc., the Magistrate has to follow the procedure laid down under Section 111 of CrPC. Justice A. Badharudeen observed thus: “it is the mandate that whenever a Magistrate intents to proceed acting under section 107, section 108, section 109, or section 110, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties, required and without furnishing such details, the order will be non-est. Therefore, the order is liable to be set aside.” Section 111 CrPC provides that when Magistrate issues show cause notice to parties for security for keeping peace and good behavior, such written order must contain the substance of information received for which order was issued, amount of bond to be executed, bond period, number, character and class of sureties if any required. The Court found that the summons issued to the petitioner for show cause did not contain the details mentioned under Section 111 of CrPC and was therefore liable to be set aside.

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History of this topic

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court
2 months, 1 week ago

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court

Live Law  

The Kerala High Court held that even if a final report is filed by the investigation agency a defacto complainant is entitled to get a copy of her own statement recorded under Section 164 of Cr.P.C. The Court observed that therefore, the defacto complainant has a right to get a copy of the Section 164 CrPC statement. and all the …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
2 months, 2 weeks ago

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

Live Law  

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court Case Title: SHANKAR VERSUS THE STATE OF UTTAR PRADESH & ORS., Citation : 2024 LiveLaw 345 The Supreme Court held that to summon a person …

Kerala HC Stays Proceedings By Police Asking Malayalam Newspaper To Disclose Source On Report About Alleged Data Leak Of PSC Applicants
2 months, 2 weeks ago

Kerala HC Stays Proceedings By Police Asking Malayalam Newspaper To Disclose Source On Report About Alleged Data Leak Of PSC Applicants

Live Law  

The Kerala High Court on Tuesday stayed further proceedings in connection to notices issued by the police's Crime Branch to Malayalam language newspaper Madhyamam Daily asking it to reveal how it accessed a note by the Kerala Public Service Commission which is stated to have said that the name and password of several PSC applicants were available on the dark …

Not Essential To Arrest Person Who Voluntarily Appears Before Magistrate For Giving Specimen Signature Or Handwriting: Delhi High Court
2 months, 3 weeks ago

Not Essential To Arrest Person Who Voluntarily Appears Before Magistrate For Giving Specimen Signature Or Handwriting: Delhi High Court

Live Law  

The Delhi High Court has recently ruled that it is not essential to arrest a person who voluntarily appears before the Court or Magistrate, pursuant to the application filed by the Investigating Officer, for giving specimen signature or handwriting. Section 311A of CrPC provides that the Magistrate has the power to order persons to give specimen signatures or handwriting for …

Need To Invoke Kerala Anti-Social Activities Act Must Be Assessed If Proceedings For Peace Keeping U/S 107 CrPC Already Initiated: High Court
4 months, 1 week ago

Need To Invoke Kerala Anti-Social Activities Act Must Be Assessed If Proceedings For Peace Keeping U/S 107 CrPC Already Initiated: High Court

Live Law  

The Kerala High Court has held that when proceedings under Section 107 of the CrPC have already been initiated against an individual, the competent authority must assess whether it was necessary to initiate proceedings under the Kerala Anti-Social Activities Act, 2007 as well to preventively detain or extern the individual. The Division Bench of Justice Raja Vijayaraghavan V and Justice …

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC
11 months, 2 weeks ago

[S. 202 CrPC] Evidence Of Complainant's Witnesses Can Be Taken On Affidavit, Absence Of Affidavit On Record May Vitiate Proceedings: Kerala HC

Live Law  

The Kerala High Court quashed the summons and subsequent warrant issued against the accused who were staying outside the Court's jurisdiction since summons was issued without having the affidavit of the witnesses of the complainant on record. Justice Bechu Kurian Thomas observed that the lack of conducting an enquiry under Section 202 would not vitiate the process but the lack …

Criminal Courts Not Recovery Courts, Quantum Of Bond Can't Depend On Amount Involved In Criminal Cases: Kerala High Court
11 months, 3 weeks ago

Criminal Courts Not Recovery Courts, Quantum Of Bond Can't Depend On Amount Involved In Criminal Cases: Kerala High Court

Live Law  

The Kerala High Court stated that the right to be enlarged on bail is an indefeasible part of the right to personal liberty under Article 21 of the Constitution and cannot be denied by imposing stringent or unreasonable conditions. Justice Bechu Kurian Thomas stated that excessive bond amounts cannot be imposed for denying bail since bail bonds only intend to …

S. 273 CrPC | Witness Evidence Can Be Recorded Before Accused's Counsel, Even When Accused Exempted From Personal Appearance: Kerala High Court
1 year, 2 months ago

S. 273 CrPC | Witness Evidence Can Be Recorded Before Accused's Counsel, Even When Accused Exempted From Personal Appearance: Kerala High Court

Live Law  

In a recent decision by the Kerala High Court, a single judge bench of Justice Gopinath clarified that “evidence of witnesses can be recorded in the presence of the counsel for the accused even in situations where the court grants exemption from personal appearance to the accused even of a day”. The court examined Section 273 which states that, “Except …

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court
1 year, 4 months ago

S.320 CrPC | No Automatic Acquittal On Mere Filing Of Application By Complainant For Compounding Of Offence: Kerala High Court

Live Law  

The Kerala High Court on Wednesday laid down that mere filing of an application by the complainant for compounding of offences alleged does not automatically result in acquittal of accused.Bench of Justice K. Babu noted that Section 320 CrPC categorizes offences into two parts- Under Sub-section, certain offences have been listed which can be compounded without the permission of the. …

[S.323 CrPC] Magistrate Should Record Reasons For Committing Case To Sessions Court: Kerala High Court
1 year, 4 months ago

[S.323 CrPC] Magistrate Should Record Reasons For Committing Case To Sessions Court: Kerala High Court

Live Law  

The Kerala High Court has held that power under Section 323 CrPC to commit a case to the Sessions Court after commencement of inquiry/ trial may be invoked by the Magistrate only after recording its reasons by way of a speaking order. In other words, the Magistrate is required to give reason for thinking that the case ought to be …

S.311 CrPC | Witness To Be Recalled Only For Strong & Valid Reasons, Not To Prejudice Accused: Kerala High Court
1 year, 6 months ago

S.311 CrPC | Witness To Be Recalled Only For Strong & Valid Reasons, Not To Prejudice Accused: Kerala High Court

Live Law  

The Kerala High Court last week held that recalling a witness under Section 311 CrPC must be done only when there is a strong and valid reason to do which should be recorded by the competent authority. A strong and valid reason should be recorded for the exercise of that power facilitating a just decision.” The Court added that the …

Maharashtra Police Act | Externing Authority Can't Direct Initiation Of Proceedings U/S 110 CrPC For Good Behaviour Bond: Bombay High Court
1 year, 8 months ago

Maharashtra Police Act | Externing Authority Can't Direct Initiation Of Proceedings U/S 110 CrPC For Good Behaviour Bond: Bombay High Court

Live Law  

The Bombay High Court has held that externing authority under the Maharashtra Police Act does not have any power to direct the police to approach the executive magistrate for a show cause notice under section 110 of the CrPC against a person. The court quashed an order passed by Deputy Commissioner of Police, Kherwadi, Mumbai, directing initiation of proceedings under …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 9 months ago

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances

Live Law  

The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence. While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, …

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court
1 year, 11 months ago

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the police cannot arrest a person under Section 151 of the Code of Criminal Procedure, without the knowledge of the existence of a design to commit a cognizable offence and a belief that the commission of the offence can only be prevented by the arrest of the person.A single bench of Justice. The …

S.156(3) CrPC | Necessary To Order Police Investigation In Cases Warranting Recovery, When Material Objects In Possession Of Accused: Kerala HC
2 years, 1 month ago

S.156(3) CrPC | Necessary To Order Police Investigation In Cases Warranting Recovery, When Material Objects In Possession Of Accused: Kerala HC

Live Law  

The Kerala High Court on Monday set aside a Magistrate court’s order under Section 156 CrPC, insofar as it did not order Police investigation in an alleged case of theft.Single Judge Bench of Justice K. Babu observed that in a case where the allegations warrant a recovery under Section 27 of the Evidence Act, it would be necessary to entrust …

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC
2 years, 1 month ago

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC

Live Law  

The Kerala High Court recently recalled an order which granted bail after taking note of the fact that the order was passed without notice to the victim.The Court allowed an application filed by the victim seeking recall of the bail order passed without hearing him.The Court observed that a notice to the victim is mandatory as contemplated under Section 15A …

Section 125 CrPC | Maintenance Must Be Granted From Date Of Filing Of Petition: Kerala High Court
2 years, 3 months ago

Section 125 CrPC | Maintenance Must Be Granted From Date Of Filing Of Petition: Kerala High Court

Live Law  

The Kerala High Court recently held that a petitioner under Section 125 CrPC must be granted maintenance from the date of filing of petition and not just date of passing of order.Expressing shock at a Family Court's decision of granting maintenance from the date of order and not from the date of filing of petition, Justice A. Badharudeen said any …

S.357 CrPC | When Fine Forms Part Of Sentence U/S 138 NI Act, Court Ought To Order Payment Of Compensation From Fine: Kerala HC
2 years, 5 months ago

S.357 CrPC | When Fine Forms Part Of Sentence U/S 138 NI Act, Court Ought To Order Payment Of Compensation From Fine: Kerala HC

Live Law  

The Kerala High Court on Tuesday, while considering a Revision Petition observed that in an offence under Section 138 of the Negotiable Instruments Act, when the Court imposes sentence of imprisonment and fine, it has to order payment of compensation from the amount of fine as provided under Section 357 of CrPC. Justice A. Badharudeen observed:.in an offence under Section …

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court
2 years, 6 months ago

Bail Application U/S 439 CrPC By Accused Present Before Trial Court Pursuant To Notice From Police For Filing Chargesheet Maintainable: MP High Court

Live Law  

The Madhya Pradesh High Court recently reiterated that an accused appearing before the trial court, pursuant to a notice served upon them by the police for filing of charge-sheet, is deemed to be under the custody of the court. The bench comprising of Justice Vishal Dhagat further held that the application under Section 439 CrPC moved by the accused in …

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
2 years, 7 months ago

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices

Live Law  

The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in …

Bond For Keeping Peace/ Good Behaviour: Calcutta High Court Formulates Guidelines For Executive Magistrates Exercising Jurisdiction U/S 111 CrPC
2 years, 7 months ago

Bond For Keeping Peace/ Good Behaviour: Calcutta High Court Formulates Guidelines For Executive Magistrates Exercising Jurisdiction U/S 111 CrPC

Live Law  

The Calcutta High Court has formulated guidelines for Executive Magistrates exercising jurisdiction under Section 111 of the Code of Criminal Procedure, requiring persons who are in custody to execute bonds for keeping peace/ good behaviour under Sections 107-110 of the Code. If the accused or the petitioner is unable to understand the meaning of the terms "show cause" then the …

Consider Framing Guidelines For Issuance Of Notice Of Appearance Before Police Officers U/S 41A CrPC: Jharkhand HC To State Govt
2 years, 8 months ago

Consider Framing Guidelines For Issuance Of Notice Of Appearance Before Police Officers U/S 41A CrPC: Jharkhand HC To State Govt

Live Law  

In an important order, the Jharkhand High Court has asked the State of Jharkhand to consider framing appropriate guidelines regarding issuance of notice of appearance before police officers under Section 41A CrPC so that Jharkhand Police may be referred to as a Model Police.The bench of Justice Sanjay Kumar Dwivedi also referred to the Delhi High Court's 2018 ruling wherein …

Issuance Of Summons Is A Prerequisite For Issuance Of Warrant & Notice To Sureties: Kerala High Court
2 years, 10 months ago

Issuance Of Summons Is A Prerequisite For Issuance Of Warrant & Notice To Sureties: Kerala High Court

Live Law  

The Kerala High Court on Wednesday observed that the issuance of summons is a prerequisite for the issuance of a warrant and notice to sureties.Justice Mary Joseph observed that the NDPS Court was unjustified in issuing warrant to the petitioner and notices to the sureties without issuing summons to them first. The Kerala High Court on Wednesday observed that the …

Section 122 CrPC - Executive Magistrate Can Order Detention Of Person For Breach Of Bond Given For Good Behaviour : Supreme Court
3 years ago

Section 122 CrPC - Executive Magistrate Can Order Detention Of Person For Breach Of Bond Given For Good Behaviour : Supreme Court

Live Law  

While upholding an order of detention passed by an Executive Magistrate, the Supreme Court has explained the scheme of Chapter VII of the Code of Criminal Procedure which contains provisions relating to bond for keeping peace and good behaviour and also the consequences flowing from the breach of such bond.The Court explained the provisions as follows :Chapter VIII of Cr.P.C. …

Can A Notice Under Section 91 CrPC Be Issued To An Accused Person? Delhi High Court To Decide
3 years, 5 months ago

Can A Notice Under Section 91 CrPC Be Issued To An Accused Person? Delhi High Court To Decide

Live Law  

The Delhi High Court has issued notice on a petition raising the question as to whether a notice under sec. 91 of the Code of Criminal Procedure can be issued to an accused person.Justice Yogesh Khanna sought response of the State and directed it to file a status report before October 22, the next date of hearing.The plea sought setting …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 5 months ago

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Live Law  

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.Justice Mary Joseph remarked:".the accused can only be taken to have exercised their authority for committing some …

Section 205 CrPC- Magistrate Cannot Mechanically Impose Conditions To An Order Dispensing Personal Appearance of Accused : Calcutta High Court
3 years, 8 months ago

Section 205 CrPC- Magistrate Cannot Mechanically Impose Conditions To An Order Dispensing Personal Appearance of Accused : Calcutta High Court

Live Law  

The Calcutta High Court has held that magistrate cannot mechanically impose conditions to an order dispensing the personal appearance of accused under Section 205 Code of Criminal Procedure.It observed that the Magistrate, while passing the impugned order, had merely mentioned that there are certain facts which can only be explained by the accused persons, and those facts are only within. …

UP Police Notice Under Section 41A CrPC Without Sanction Of Law : Twitter India Chief To Karnataka High Court
3 years, 8 months ago

UP Police Notice Under Section 41A CrPC Without Sanction Of Law : Twitter India Chief To Karnataka High Court

Live Law  

The counsel of Manish Maheshwari, Managing Director of Twitter Communications India Private Ltd, on Thursday submitted before the Karnataka High Court that he did not hamper the investigation being carried out by the Uttar Pradesh Police but only informed his inability to personally visit the police station and record his statement when notice was issued to him on June 17, …

Registration Of Crime Under Section 102 CrPC Illegal, Its An Enabling Provision To Make Seizure By Police : Kerala High Court
3 years, 9 months ago

Registration Of Crime Under Section 102 CrPC Illegal, Its An Enabling Provision To Make Seizure By Police : Kerala High Court

Live Law  

A Single Bench of the Kerala High Court quashed proceedings against a 21 year old man holding that Section 102 of CrPC is not an offence and that registration of crime against the petitioner under this provision is illegal. Advocate Cherian Mathew Poothicote, for petitioner Akhil C submitted that an FIR was registered against him in the Nilambur Police Station …

Petition U/s 482 CrPC Seeking Quashing Of A Domestic Violence Application Not Maintainable: Madras High Court
4 years, 2 months ago

Petition U/s 482 CrPC Seeking Quashing Of A Domestic Violence Application Not Maintainable: Madras High Court

Live Law  

The Madras High Court has held that that a petition under Section 482 of the Code of Criminal Procedure to quash a complaint under Section 12 of the Domestic Violence Act is not maintainable.The court observed that a petition under Article 227 of the Constitution may be maintainable if it is shown that the proceedings before the Magistrate suffer from …

No Blanket Order Should Be Passed Under S.438 CrPC To Prevent Arrest Of Accused When No Crime Is Registered Against Him: Kerala High Court [Read Order]
4 years, 4 months ago

No Blanket Order Should Be Passed Under S.438 CrPC To Prevent Arrest Of Accused When No Crime Is Registered Against Him: Kerala High Court [Read Order]

Live Law  

The Kerala High Court on Wednesday held that when no crime is registered against a person, it is not permissible to grant him/her anticipatory bail, on the reason that it would act as a blanket as against all sort of accusations which may arise in future against the said person. on the allegation that the earlier order granting anticipatory bail …

Kerala HC Refuses To Quash Criminal Case Against A Man Who Displayed Placard Against Distribution Of Compensation To The Endosulfan Victims [Read Order]
4 years, 5 months ago

Kerala HC Refuses To Quash Criminal Case Against A Man Who Displayed Placard Against Distribution Of Compensation To The Endosulfan Victims [Read Order]

Live Law  

The Kerala High Court on Tuesday refused to quash criminal proceedings against a retired worker of the Plantation Corporation of Kerala Ltd. who asserted that there is no menace related to the use of Endosulfan in Kasargode district. The writings on the Placard stated that:- Endosulfan issue, There are no such health issues in Kasargod district Stop the plundering of …

Bar U/s 162(1) CrPC Applies To A Letter Given Or Sent To Police Officer By A Person After The Commencement Of Investigation: Kerala HC [Read Judgment]
4 years, 8 months ago

Bar U/s 162(1) CrPC Applies To A Letter Given Or Sent To Police Officer By A Person After The Commencement Of Investigation: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has observed that a letter given or sent to a police officer by a person after the commencement of investigation of an offence come within the interdict under Section 162 of the Code of Criminal Procedure, 1973. Section 162 of the Code provides that, no statement made by any person to a police officer in the …

Kerala HC Directs Inquiry Against Police Officer For Violating Full Court Order To Avoid Arrest Unless Inevitable [Read Order]
4 years, 10 months ago

Kerala HC Directs Inquiry Against Police Officer For Violating Full Court Order To Avoid Arrest Unless Inevitable [Read Order]

Live Law  

A single-Judge bench of the Kerala High Court recently directed the District Police Chief to initiate an enquiry into the conduct of an Investigating Officer, who arrested an accused in a sexual harassment case, in contravention of a Full Court's direction against arrest unless the same is inevitable during the COVID-19 pandemic. On March 25, 2020, the Full Bench of …

Failure To Comply With Prescribed Time Limit By Sanctioning Authority Vitiates Sanction : Kerala HC Quashes UAPA And Sedition Charges [Read Judgment]
5 years, 6 months ago

Failure To Comply With Prescribed Time Limit By Sanctioning Authority Vitiates Sanction : Kerala HC Quashes UAPA And Sedition Charges [Read Judgment]

Live Law  

In a notable judgment, the High Court of Kerala has discharged alleged Maoist leader Roopesh of charges under Unlawful Activities Prevention Act and sedition under Section 124A of the Indian Penal Code on the ground of irregularities in the order granting sanction for prosecution.The Court was considering three revision petitions filed by Roopesh challenging the orders of the Sessions. In …

Bolstering Protection To Police From Prosecution- Has S.197 (1) Cr PC Become Meaningless By Notification U/S 197 (3) Thereof?
7 years, 10 months ago

Bolstering Protection To Police From Prosecution- Has S.197 (1) Cr PC Become Meaningless By Notification U/S 197 (3) Thereof?

Live Law  

INTRODUCTIONIs previous sanction necessary to take cognizance of offence committed, while acting in discharge of their official duty, by the police officers, who are removable from service save not with the sanction of the Government? Prosecution of Judges and public servants - When any person who is or was a Judge or Magistrate or a public servant not removable from …

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]
9 years, 4 months ago

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]

Live Law  

Jharkhand High Court has referred to Division bench, to answer a question whether in an anticipatory bail application preferred under section 438 Cr.P.C., the Court can look into the legality or otherwise of issuance of process under section 82 Cr.P.C.Reference was sought by the Single Bench of Jharkhand High Court in Kumar Anubhav Vs. State of Jharkhand wherein the petitioner …

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]
9 years, 4 months ago

Whether court can look into legality of issuance of process under Section 82 CrPC in an Anticipatory bail application ? Jharkand HC refers it to Division bench [Read Judgment]

Live Law  

Jharkhand High Court has referred to Division bench, to answer a question whether in an anticipatory bail application preferred under section 438 Cr.P.C., the Court can look into the legality or otherwise of issuance of process under section 82 Cr.P.C.Reference was sought by the Single Bench of Jharkhand High Court in Kumar Anubhav Vs. State of Jharkhand wherein the petitioner …

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