Asking accused in JNU Sedition Case to prove innocence- Blatant error in law!
9 years, 1 month ago

Asking accused in JNU Sedition Case to prove innocence- Blatant error in law!

Live Law  

They should join the probe, If they are innocent, they should present evidence of their innocence: BS Bassi, CP Delhi on #JNURow— ANI February 22, 2016Delhi Police Commissioner B.S.Bassi today reportedly asked JNU students, who returned to the university campus last night, to join the probe and present evidence of their innocence. They should join the probe, If they are innocent, they should present evidence of their innocence: BS Bassi, CP Delhi on #JNURow — ANI February 22, 2016 Delhi Police Commissioner B.S.Bassi today reportedly asked JNU students, who returned to the university campus last night, to join the probe and present evidence of their innocence. Under our criminal jurisprudence it is well settled that the burden of proving innocence of an offence would always lie upon the prosecution to prove all the facts constituting the ingredients beyond reasonable doubt. A Two Judge Bench of the Supreme Court in Sher Singh while dealing with S.304B IPC and S.113B Evidence Act interalia held that the Prosecution can discharge the initial burden to prove the ingredients of S.304B even by preponderance of Probabilities once the presence of the concomitants are established or shown or proved by the prosecution, even by preponderance of possibility, the initial presumption of innocence is replaced by an assumption of guilt of the accused, thereupon transferring the heavy burden of proof upon him and requiring him to produce evidence dislodging his guilt, beyond reasonable doubt.

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History of this topic

Confession By Accused Implicating Other Co-Accused Can Be Taken As 'Lead' In Investigation, Admissible U/S 30 Of Evidence Act: AP High Court
2 days, 20 hours ago

Confession By Accused Implicating Other Co-Accused Can Be Taken As 'Lead' In Investigation, Admissible U/S 30 Of Evidence Act: AP High Court

Live Law  

The Andhra Pradesh High Court has held that confessional statements made by the accused during interrogation can be considered or looked into to connect the other co-accused and such a disclosure statement can be taken into consideration to provide a lead in the investigation. It states, “When more persons than one are being tried jointly for the same offence, and …

S.106 Evidence Act Must Be Applied With Care, Can't Be Used To Make Up Prosecution's Inability : Supreme Court Explains Principles
1 month ago

S.106 Evidence Act Must Be Applied With Care, Can't Be Used To Make Up Prosecution's Inability : Supreme Court Explains Principles

Live Law  

The Supreme Court has reiterated that Section 106 of the Indian Evidence Act, 1872 cannot be applied in criminal cases unless the prosecution succeeds in establishing a prima facie case. The Court reminded that Section 106 of the Evidence Act must be used in criminal cases with "care and caution." The Court explained that Section 106 refers to cases where …

Complainant takes exception to Karnataka Lokayukta police for citing ‘lack of evidence’ in MUDA case probe
1 month, 1 week ago

Complainant takes exception to Karnataka Lokayukta police for citing ‘lack of evidence’ in MUDA case probe

The Hindu  

Activist Snehamayi Krishna has taken serious exception to the Lokayukta police issuing a notice to him citing lack of evidence against Chief Minister Siddaramaiah, his wife, Parvathi, and two others in the alleged irregularities in the allotment of sites by the Mysuru Urban Development Authority. Speaking to reporters in Mysuru after receiving a copy of the notice issued to the …

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years
2 months, 1 week ago

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years

Live Law  

The Allahabad High Court recently quashed a complaint case pending against a man for the past 32 years where he was facing charges under Sections 194, 211 IPC for giving false evidence during a murder trial. While acquitting the accused, the trial Court directed the initiating of proceedings under Sections 211/194 IPC against the applicant on the ground that during …

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence
5 months ago

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence

Live Law  

The Supreme Court has affirmed the High Court's decision in a criminal appeal filed by an accused against the acquittal of the accused in a murder case. The court held that when the offence was committed in the presence of the accused presence in the privacy of their house, then their failure to offer explanations can be treated as an …

Confession U/S 27 Evidence Act Not Reliable Until There Is Discovery To Corroborate Its Veracity: Rajasthan High Court
8 months, 1 week ago

Confession U/S 27 Evidence Act Not Reliable Until There Is Discovery To Corroborate Its Veracity: Rajasthan High Court

Live Law  

Rajasthan High Court ruled that any information gathered under Section 27 of the Indian Evidence Act, 1872, is required to be corroborated and supported by recovering or discovering something in pursuance to that information which distinctly relates to the commission of the crime to verify the confession made by the accused to the police officer. The counsel for the petitioner …

Shortcomings Of Investigative Agency Cannot Hinder Framing Of Charges Based On Evidence Brought On Record: J&K High Court
9 months, 1 week ago

Shortcomings Of Investigative Agency Cannot Hinder Framing Of Charges Based On Evidence Brought On Record: J&K High Court

Live Law  

Highlighting the duties of a Court while framing a charge against an accused the Jammu and Kashmir and Ladakh High Court has ruled that investigative shortcomings should not prevent the framing of charges based on the evidence presented. Quashing an order passed by the Additional District and Sessions Judge Baramulla, directing framing of charges under Section 304 Part-I IPC a …

'Prosecution Couldn't Prove Case Beyond Reasonable Doubt': Allahabad HC Acquits 3 Convicts In 44 Year Old Murder Case
9 months, 3 weeks ago

'Prosecution Couldn't Prove Case Beyond Reasonable Doubt': Allahabad HC Acquits 3 Convicts In 44 Year Old Murder Case

Live Law  

The Allahabad High Court recently set aside the conviction of three murder convicts sentenced to life imprisonment by a Sessions Court in June 1982 on the ground that the prosecution failed to prove the case beyond a reasonable doubt. The Court also noted that the recovery made under Section 27 of the Evidence Act was of “no value whatsoever”, and …

Prosecution Must Establish Facts Indicating 'Special Knowledge' To Shift Burden Of Proof On Accused U/S 106 Evidence Act: Kerala High Court
10 months ago

Prosecution Must Establish Facts Indicating 'Special Knowledge' To Shift Burden Of Proof On Accused U/S 106 Evidence Act: Kerala High Court

Live Law  

Granting benefit of doubt, the Kerala High Court recently acquitted a man held guilty and sentenced to life imprisonment by the Sessions Court for the murder of his 7-year-old daughter. Thus, it said there is no reverse burden on the father under Section 106 Evidence Act to explain the circumstances of the daughter's death. However, the High Court held that …

S.27 Evidence Act | To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It : Supreme Court
11 months, 2 weeks ago

S.27 Evidence Act | To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It : Supreme Court

Live Law  

To convict an accused based on the statements made under Section 27 of the Evidence Act, the Supreme Court observed that the prosecution must establish the fact that the discovery of the evidence based on the statement made by the accused under Section 27 of the Evidence Act must not be known to anyone before the information was given by …

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court
11 months, 3 weeks ago

[S. 311 CrPC] Trial Court Can Issue Summons Even On Plea Of Person Who Is 'Stranger To Trial': Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the Trial Court can exercise power under Section 311 of CrPC not only on a plea by a party to the trial including accused, prosecution, complainant and witness or on its own volition, but also on a plea of a person "who is seemingly rank stranger to the trial. The Punjab …

Four Conditions To Invoke Section 27 Of Indian Evidence Act : Supreme Court Explains
1 year, 2 months ago

Four Conditions To Invoke Section 27 Of Indian Evidence Act : Supreme Court Explains

Live Law  

The Supreme Court, in a crucial judgment with respect to section 27 of the Evidence Act, reiterated the three conditions to invoke this provision. Additionally, it must be noted that, in the present case, the Court clarified that discovery of fact also includes knowledge of the accused person. “However, we must clarify that Section 27 of the Evidence Act, as …

Sedition under the new Bharatiya Nyaya Sanhita Bill, 2023: What’s changed.
1 year, 7 months ago

Sedition under the new Bharatiya Nyaya Sanhita Bill, 2023: What’s changed.

Hindustan Times  

Union home minister Amit Shah on Friday said in the Lok Sabha that one of the proposed legislations aimed at overhauling the criminal justice system will completely repeal the offence of sedition, as prescribed under Section 124A of the Indian Penal Code, adding the bill will be sent to a parliamentary panel for scrutiny. An analysis of the Bharatiya Nyaya …

Situation from Kashmir to Kerala, Punjab to North East makes it must to have sedition law: Law panel chief
1 year, 9 months ago

Situation from Kashmir to Kerala, Punjab to North East makes it must to have sedition law: Law panel chief

India TV News  

Sedition law in India: Amid demands to repeal the law on sedition, Law Commission chairman Justice Ritu Raj Awasthi said that due to the present situation from Kashmir to Kerala and Punjab to North East, it has become very important to retain the law to safeguard the “unity and integrity of India”. Special laws of country do not cover sedition …

Where anyone can be accused of sedition
1 year, 9 months ago

Where anyone can be accused of sedition

The Hindu  

French author Andre Gide once said, “Everything has been said before, but since nobody listens we have to keep going back and beginning all over again.” This captures the current state of the debate on sedition in India. The 279th Law Commission Report, laying down the grounds for retaining sedition, is starkly symbolic of how “nobody listens.” The Commission has …

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC
1 year, 10 months ago

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that Section 106 of the Indian Evidence Act cannot be attracted in a case unless the initial burden of establishing the guilt of the accused is prima facie discharged by the prosecution. In this regard, the Court also referred to the Apex Court’s ruling in the case of Nagendra Sah Vs. the State …

Circumstantial Evidence| When Two Views Possible, View Favouring Accused’s Innocence To Be Adopted: Supreme Court
2 years ago

Circumstantial Evidence| When Two Views Possible, View Favouring Accused’s Innocence To Be Adopted: Supreme Court

Live Law  

The Supreme Court of India on recently reiterated that in cases where two views are possible while relying on circumstantial evidence, the view favouring the accused must be preferred. Relying on judicial precedents, a Bench of Justices BR Gavai and Sanjay Karol observed, “…in cases where heavy reliance is placed on circumstantial evidence, is that where two views are possible, …

Can't Place Reverse Burden On Accused U/S 106 Evidence Act If Prosecution Hasn't Discharged Its Burden First: Allahabad HC
2 years, 3 months ago

Can't Place Reverse Burden On Accused U/S 106 Evidence Act If Prosecution Hasn't Discharged Its Burden First: Allahabad HC

Live Law  

The Allahabad High Court recently observed that no reverse burden could be placed on the accused with the aid of Section 106 of the Indian Evidence Act when the prosecution has not discharged its burden first. Hence, there is no applicability of Section 106 of the Indian Evidence Act in this case," the court remarked as it set aside the …

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court
2 years, 4 months ago

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court

Live Law  

The Delhi High Court on Wednesday said a victim's statement under Section 164 CrPC disclosing the offence of rape shall be sufficient to frame charges against the accused under section 376 of Indian Penal Code.Justice Swarana Kanta Sharma said an accused should not merely be discharged in a rape case because the prosecutrix has not stated about the same in …

Video Of Confession Made Before Police Inadmissible In Evidence: Supreme Court Sets Aside Concurrent Conviction In Murder Case
2 years, 5 months ago

Video Of Confession Made Before Police Inadmissible In Evidence: Supreme Court Sets Aside Concurrent Conviction In Murder Case

Live Law  

While setting aside concurrent conviction in a murder case, the Supreme Court observed that videography containing confession made before police is inadmissible as evidence.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence, the bench comprising CJI Uday Umesh Lalit, Justices S. Ravindra Bhat and Sudhanshu Dhulia observed.In this case, the accused. While …

S.27 Evidence Act | Bar On Admissibility Of Confessional Statement Made To Police U/S 67 NDPS Act Lifted On Discovery Of Inculpatory Material: P&H High Court
2 years, 6 months ago

S.27 Evidence Act | Bar On Admissibility Of Confessional Statement Made To Police U/S 67 NDPS Act Lifted On Discovery Of Inculpatory Material: P&H High Court

Live Law  

Punjab and Haryana High Court recently held that Section 67 of the NDPS Act, does not expressly oust the clout of Section 27 of the Indian Evidence Act, and, as such saves its operation to offences constituted under the NDPS Act. The bench comprising Justice Sureshwar Thakur further noted that Section 67 of the NDPS Act begets no contradiction with …

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC
2 years, 7 months ago

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC

Live Law  

Madras High Court recently dismissed a revision petition moved by a man accused of cheating and forgery after observing that while deciding upon discharge, the High Court only had to sift through the evidence on record and form an opinion on whether there was a prima facie case and a strong suspicion against the accused. The case against the petitioner …

Some Kind Of Physical Manifestation Of Agreement Is Required To Attract Offence Of Criminal Conspiracy U/Sec 120B IPC: Supreme Court
2 years, 7 months ago

Some Kind Of Physical Manifestation Of Agreement Is Required To Attract Offence Of Criminal Conspiracy U/Sec 120B IPC: Supreme Court

Live Law  

The Supreme Court observed that some kind of physical manifestation of agreement to commit an offence is required to attract the offence of Criminal Conspiracy under Section 120B of the Indian Penal Code.In this case, all the accused were employees of Guna Branch of Central Bank of India, and were prosecuted for the above-referred offences of theft, house-trespass, destruction of …

POCSO Act Casts Burden Of Proof Upon Accused, Application U/S 311 CrPC To Summon Material Witnesses Should Ordinarily Be Allowed: Karnataka HC
2 years, 7 months ago

POCSO Act Casts Burden Of Proof Upon Accused, Application U/S 311 CrPC To Summon Material Witnesses Should Ordinarily Be Allowed: Karnataka HC

Live Law  

In connection with a trial under the POCSO Act, the Karnataka High Court has said that an application made by the accused under Section 311 of the CrPC for summoning of material witnesses should be ordinarily permitted unless the Court comes to a conclusion that it is a ruse to drag the proceedings or permitting it, would become an abuse …

Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court
2 years, 7 months ago

Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that while considering a case for charge or discharge of an accused, the court is not required to enter into deeper appreciation of the facts. At the stage of framing of charge, the court has only to consider the material for framing opinion as to whether prima facie offence is …

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates
2 years, 8 months ago

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates

Live Law  

The Madras High Court recently set aside an order of conviction of a man accused of murder after observing that the trial court was misled in corroborating the statement of witnesses recorded under S. 164 CrPC with the medical evidence when in fact all the independent witnesses had turned hostile. The trial court had erred in relying upon the statements …

Supreme Court Criminal Digest: June 2022
2 years, 8 months ago

Supreme Court Criminal Digest: June 2022

Live Law  

Code of Criminal Procedure 1973; Section 311 - Merely because a different statement given by the same prosecution witness in another case that itself would not be a reason for recalling the witness. Sanjay v. State, 2022 LiveLaw 555 Code of Criminal Procedure, 1973; Section 220 - trial for more than one offence - if in one series of acts …

S.106 Evidence Act | Husband Can't Be Asked To Explain Wife's Death In Their House Unless Prosecution Establishes Prima Facie Case: Bombay High Court
2 years, 9 months ago

S.106 Evidence Act | Husband Can't Be Asked To Explain Wife's Death In Their House Unless Prosecution Establishes Prima Facie Case: Bombay High Court

Live Law  

The Bombay High court recently set aside the conviction of a man in connection with the murder of his wife, even though her body was found in their home and he was found near the deceased. A Bench of Justices Sadhana S. Jadhav and Milind N. Jadhav reasoned that the accused has a right to maintain silence and it is …

HC allows Sharjeel to approach trial court for bail
2 years, 10 months ago

HC allows Sharjeel to approach trial court for bail

The Hindu  

The Delhi High Court on Thursday allowed JNU student Sharjeel Imam to approach a trial court to seek interim bail on account of an order by the Supreme Court to keep in abeyance all sedition proceedings in the country. On Thursday, the High Court allowed Mr. Imam to withdraw his application seeking interim bail from the High Court after Special …

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail
2 years, 10 months ago

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail

Live Law  

The Rajasthan High Court has granted bail to a murder accused after hearing his counsel's arguments contending that no one can be arrested simply on the basis of assumption, presumption and perception. The appellant's counsel submitted that there is no eye-witness of the incident and the case of the prosecution is based on circumstantial evidence, however no circumstances are available …

Section 106 Evidence Act Applies To Cases Where Chain Of Events Has Been Successfully Established By The Prosecution: Supreme Court
2 years, 10 months ago

Section 106 Evidence Act Applies To Cases Where Chain Of Events Has Been Successfully Established By The Prosecution: Supreme Court

Live Law  

The Supreme Court observed that the Section 106 of the Indian Evidence Act applies to cases where chain of events has been successfully established by the prosecution, from which a reasonable inference is made out against the accused.In a case based on circumstantial evidence, whenever an incriminating question is posed to the accused and he or she either evades response, …

Centre Agrees That Section 124A IPC Was Intended For Colonial Rule, Says Supreme Court In Sedition Case Order
2 years, 10 months ago

Centre Agrees That Section 124A IPC Was Intended For Colonial Rule, Says Supreme Court In Sedition Case Order

Live Law  

In the historic order which effectively put a freeze on pending and future cases for sedition under Section 124A of the Indian Penal Code, the Supreme Court made a significant observation that the Union Government also agrees that it is a provision which is not in tune with the current social milieu and that it was intended for the colonial …

'Govt Doing What Nehru Couldn't': Centre tells Supreme Court on Re-examining Sedition Law
2 years, 10 months ago

'Govt Doing What Nehru Couldn't': Centre tells Supreme Court on Re-examining Sedition Law

News 18  

India’s first prime minister Jawaharlal Nehru, on Tuesday, found a mention in the Supreme Court during the hearing of pleas challenging the sedition law. Senior advocate Kapil Sibal, who was representing the petitioners arguing about the misuse of sedition law, said that former PM Nehru had echoed similar thoughts regarding Section 124A, which criminalises sedition. We are trying to do …

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates
2 years, 10 months ago

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates

Live Law  

A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli to continue hearing TODAY on the petition challenging the Constitutional validity of Section 124A of Indian Penal Code which deals with the law of Sedition in India.The Supreme Court on Tuesday asked the Central Government why it cannot issue a direction to the …

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates
2 years, 10 months ago

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates

Live Law  

A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli to continue hearing TODAY on the petition challenging the Constitutional validity of Section 124A of Indian Penal Code which deals with the law of Sedition in India.The Supreme Court on Tuesday asked the Central Government why it cannot issue a direction to the …

Committee on criminal law reforms recommended amendments to sedition law
2 years, 10 months ago

Committee on criminal law reforms recommended amendments to sedition law

The Hindu  

A panel of experts constituted by the Ministry of Home Affairs to suggest reforms to the British-era Indian Penal Code has recommended amendments to the sedition law, a senior government official told The Hindu. The Committee for Reforms in Criminal Laws appointed by the MHA in 2020 submitted an exhaustive report in March, which among other IPC sections also examined …

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates
2 years, 10 months ago

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates

Live Law  

A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli to continue hearing TODAY on the petition challenging the Constitutional validity of Section 124A of Indian Penal Code which deals with the law of Sedition in India.The bench will consider today the preliminary issue of whether a reference to a larger bench is …

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates
2 years, 10 months ago

Sedition- Supreme Court Hearing On Constitutional Validity Of Section 124A IPC- Live Updates

Live Law  

A bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli to continue hearing TODAY on the petition challenging the Constitutional validity of Section 124A of Indian Penal Code which deals with the law of Sedition in India.The bench will consider today the preliminary issue of whether a reference to a larger bench is …

Will re-examine sedition law: Centre to Supreme Court
2 years, 10 months ago

Will re-examine sedition law: Centre to Supreme Court

Deccan Chronicle  

New Delhi: Just one day ahead of the hearing on whether the challenge to the constitutional validity of the sedition law should be heard by a larger five-judge Constitution Bench, the Central government on Monday told the Supreme Court it had decided to “re-examine and reconsider” the provisions of the colonial-era law, and urged the court not to go ahead …

SC to hear pleas to scrap the sedition law today: Explaining the British-era offence and how it's being 'misused'
2 years, 11 months ago

SC to hear pleas to scrap the sedition law today: Explaining the British-era offence and how it's being 'misused'

Firstpost  

The Apex court last year had asked the Centre why it was not repealing the colonial-era law used by the British to silence people like Mahatma Gandhi to suppress the freedom movement, as it expressed concern over the misuse of the provision A Supreme Court bench is scheduled to hear on Wednesday a batch of petitions challenging the constitutional validity …

Section 106 Evidence Act Is Not Intended To Relieve Prosecution From Discharging Its Duty To Prove The Guilt Of The Accused: Supreme Court
3 years, 1 month ago

Section 106 Evidence Act Is Not Intended To Relieve Prosecution From Discharging Its Duty To Prove The Guilt Of The Accused: Supreme Court

Live Law  

Section 106 of the Indian Evidence Act is not intended to relieve the prosecution from discharging its duty to prove the guilt of the accused, the Supreme Court observed while acquitting murder accused.The bench comprising Justices Sanjiv Khanna and Bela M. Trivedi observed that the burden could not be shifted on the accused by pressing into service the provisions contained …

'Strong Suspicion' Of Prima Facie Case Based On Materials On Record Sufficient To Frame Charges; Need Not Assess Probative Value Of Evidence: Delhi HC
3 years, 2 months ago

'Strong Suspicion' Of Prima Facie Case Based On Materials On Record Sufficient To Frame Charges; Need Not Assess Probative Value Of Evidence: Delhi HC

Live Law  

The Delhi High Court recently dismissed a Revision Petition filed against an order of the Additional Sessions Judge framing the charge of murder against the accused-revisionist. Justice Rajnish Bhatnagar held: "When the material placed before the Court discloses great suspicion against the accused which has not been properly explained, the Court will be justified in framing charge. Aggrieved, the Accused …

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court
3 years, 3 months ago

Conviction Cannot Be Solely Based On Admissions Made By Accused In His Statement Under Section 313 CrPC: Bombay High Court

Live Law  

The Bombay High Court has said conviction cannot be solely based on the admissions made by the accused in his statement under Section 313 of the Criminal Procedure Code. A single judge bench of Justice Anuja Prabhudessai while acquitting two accused of possessing counterfeit currency in Mach 2016, said, "The prosecution having failed to establish the guilt of the accused …

Ingredients Necessary To Prove Charges Under Section 409, 420 & 477A IPC: Supreme Court Explains
3 years, 3 months ago

Ingredients Necessary To Prove Charges Under Section 409, 420 & 477A IPC: Supreme Court Explains

Live Law  

In a judgment delivered on Monday, the Supreme Court explained the ingredients necessary to prove a charge under Section 409, 420 and 477A of the Indian Penal Code.The bench comprising CJI NV Ramana, Surya Kant and Hima Kohli made these observations while allowing appeal filed by an accused who was concurrently convicted under Sections 409, 420, and 477A of the …

'Guilt Of Accused Can Be Established Only After Examination Of All Witnesses': Karnataka High Court Directs Retrial Of Rape Case
3 years, 6 months ago

'Guilt Of Accused Can Be Established Only After Examination Of All Witnesses': Karnataka High Court Directs Retrial Of Rape Case

Live Law  

Observing that "guilt of the accused can be established only after examination of all the witnesses as desired by the prosecution," the Karnataka High Court recently set aside the order passed by a trial court acquitting a person accused of raping a minor. However, the court on going through the record noted that the prosecution had not made the necessary …

Sedition Law Hinders Full Realization Of Free Press: Journalists Patricia Mukhim and Anuradha Bhasin Move Supreme Court Against Section 124A IPC
3 years, 8 months ago

Sedition Law Hinders Full Realization Of Free Press: Journalists Patricia Mukhim and Anuradha Bhasin Move Supreme Court Against Section 124A IPC

Live Law  

Another petition has been filed before the Supreme Court challenging the constitutional validity of the offence of sedition as codified in Section 124A of the Indian Penal Code. The petition has been filed by two women journalists, Patricia Mukhim and Anuradha Bhasin, claiming that the use of sedition offence to intimidate, silence and punish journalists, has continued unrestrained and the …

Presumption Of Constitutionality Doesn't Apply To Pre-Constitutional Laws: Former Union Minister Arun Shourie Moves Supreme Court Against Sedition Law
3 years, 8 months ago

Presumption Of Constitutionality Doesn't Apply To Pre-Constitutional Laws: Former Union Minister Arun Shourie Moves Supreme Court Against Sedition Law

Live Law  

"Sedition is a colonial law which was used expressly to suppress dissent by the British in India," says another plea filed before the Supreme Court challenging the constitutional validity of Section 124-A of IPC as being violative of Articles 14, 19, & 21 of the Constitution. Filed through Advocate Prashant Bhushan on behalf of former IT Minister Arun Shourie and …

Challenge To Sedition Offence : Supreme Court Seeks Responses Of Attorney General, Union of India; Hearing On July 27
3 years, 8 months ago

Challenge To Sedition Offence : Supreme Court Seeks Responses Of Attorney General, Union of India; Hearing On July 27

Live Law  

The Supreme Court on Monday adjourned to July 27 the hearing of the challenge to the constitutionality of the offence of sedition under Section 124A of the Indian Penal Code.Attorney General for India KK Venugopal, to whom the bench had issued notice on the petition on April 30, and Solicitor General Tushar Mehta, who was appearing for the Union of …

Kerala HC refuses to stay further proceedings in sedition case against Aisha Sultana
3 years, 8 months ago

Kerala HC refuses to stay further proceedings in sedition case against Aisha Sultana

Firstpost  

A case was registered against Sultana on 9 June under Section 124-A and 153 B of IPC on the basis of a petition lodged by a political leader hailing from Kavaratti Kochi: The Kerala High Court on Friday refused to stay further proceedings in the sedition case registered against Lakshadweep filmmaker Aisha Sultana. Considering a plea filed by Sultana seeking …

SC to Examine Validity of Sedition Law After PIL Calls it Unconstitutional, Seeks Centre's Response
3 years, 10 months ago

SC to Examine Validity of Sedition Law After PIL Calls it Unconstitutional, Seeks Centre's Response

News 18  

The Supreme Court Friday sought response from the Centre on a plea challenging the Constitutional validity of sedition law. A bench Justice U U Lalit, Justice Indira Banerjee and Justice KM Joseph were hearing a plea challenging section 124-A of the Indian Penal Code, 1860, which penalises the crime of sedition. The petition also argued that the vagueness of Section …

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