Right Of Accused To Impeach Witness Testimony Indefeasible, Embargo Under Section 172(3) CrPC Not Applicable: Kerala High Court
3 years, 3 months ago

Right Of Accused To Impeach Witness Testimony Indefeasible, Embargo Under Section 172(3) CrPC Not Applicable: Kerala High Court

Live Law  

The Kerala High Court has held that the embargo in Section 172 of the Code of Criminal Procedure does not take away the right of the accused to use previous statements of witnesses to impeach their testimonies.Justice K Haripal while allowing the petition, observed as such in light of Section 161 of the CrPC and Section 145 of the Indian Evidence Act:".it is the right of every. The Kerala High Court has held that the embargo in Section 172 of the Code of Criminal Procedure does not take away the right of the accused to use previous statements of witnesses to impeach their testimonies. Justice K Haripal while allowing the petition, observed as such in light of Section 161 of the CrPC and Section 145 of the Indian Evidence Act: ".it is the right of every accused in a criminal trial to make use of the previous statements of a witness including the statements recorded by the investigating agency during the course of investigation for the purpose of establishing contradiction in evidence or to discredit the witness." Thereafter, the petitioner herein filed an application before the Additional Sessions Judge for issuing summons to witnesses, including the DySP in an attempt to impeach the testimony of some of the witnesses However, this was disallowed by the trial court on the premise that no further investigation was conducted by the said DySP and that no such report was made available before the court.

Trial Investigation Court Witness Witnesses Prosecution Kerala High Court Right Statements Accused Crpc Impeach Embargo Section 172 Dysp Previous Statements  investigation  indefeasible  witness  accused  dysp  right  embargo  trial  kerala  testimony  statements  crpc  court  impeach  prosecution  high  witnesses

History of this topic

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

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court
1 month, 2 weeks ago

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court

Live Law  

While directing restoration of the criminal proceedings against Kerala MLA Antony Raju in an evidence tampering case, the Supreme Court today held that the bar on taking of cognizance under Section 195 CrPC was not attracted in the case, as the proceedings were initiated against Raju pursuant to a judicial order. "the initiation of the present proceedings in the present …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
1 month, 2 weeks ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

Affidavit Necessary With Application U/S 156(3) CrPC, Magistrate Should Be Vigilant In Accepting Applications In Matrimonial/Family Disputes: Kerala High Court
7 months, 2 weeks ago

Affidavit Necessary With Application U/S 156(3) CrPC, Magistrate Should Be Vigilant In Accepting Applications In Matrimonial/Family Disputes: Kerala High Court

Live Law  

The Kerala High Court relying upon the Apex Court decision in Priyanka Srivastava & Anr. The Court held thus: “Where applications under Section 156 of Code of Criminal Procedure are to be supported by an affidavit duly sworn by the complainant who seeks the invocation of the jurisdiction of the Magistrate. 3) Prior to the filing of a petition under …

S.231 CrPC | Prosecution Can Be Permitted To Introduce Documents Not Procured During Investigation And Filed With Final Report: Kerala High Court
9 months ago

S.231 CrPC | Prosecution Can Be Permitted To Introduce Documents Not Procured During Investigation And Filed With Final Report: Kerala High Court

Live Law  

The Kerala High Court has stated that a document can be submitted as evidence under Section 311 of the Code of Criminal Procedure, 1973, which was not procured during investigation nor produced along with the final report.“The contention that the document was not seized earlier or that it was not part of the final report, is not a relevant consideration …

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC
11 months, 2 weeks ago

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC

Live Law  

The Allahabad High Court recently explained the difference between the scope of Section 311 CrPC and Section 233 CrPC concerning the production of defence witnesses during the trial. “Under section 311 CrPC, the power lies in the courts only and under section 233 CrPC, the right lies with the accused and the court's interference is limited,” the Court emphasized. For …

When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court
11 months, 3 weeks ago

When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court

Live Law  

The Supreme Court in a recent order observed that when the High Court was called upon to invoke power under Section 482 Cr.P.C to quash a criminal case, it was incumbent upon the High Court to consider the question whether the allegations would constitute the offence alleged against the person-accused. While setting aside an order of a High Court which …

S. 273 CrPC | Witness Evidence Can Be Recorded Before Accused's Counsel, Even When Accused Exempted From Personal Appearance: Kerala High Court
11 months, 3 weeks 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, 2 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. …

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court
1 year, 2 months ago

[Section 256 CrPC] Power To Acquit Accused Must Be Exercised On Definite Conclusion That Complainant Doesn't Desire To Prosecute: Kerala High Court

Live Law  

The Kerala High Court held that an accused can only be acquitted under Section 256 CrPC when there was a definite conclusion that the complainant does not wish to prosecute the complaint. Dias stated that the Court must not perfunctorily acquit an accused u/s 256 of CrPC. Such power must be exercised judicially and not whimsically or mechanically, the Court …

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court
1 year, 3 months ago

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court

Live Law  

The Kerala High Court recently laid down that where the Enforcement Case Information Report has been quashed and no subsequent FIR has been registered against the accused, further proceedings under the Prevention of Money Laundering Act shall be dropped and an order issued under Section 17 would not stand. The counsel argued that since Section 420 IPC is one of …

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court
1 year, 4 months ago

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court

Live Law  

While reversing an order of acquittal in a bribery case against a village officer, the Kerala High Court recently observed that CrPC does not mandate the appellate court to differentiate between the appeals against judgments of conviction or acquittal and that they have the same powers while dealing with both. It was also argued that the court below failed to …

Section 162 CrPC Does Not Prevent A Trial Court From Putting Questions To Witnesses Suo Motu To Contradict Them : Supreme Court
1 year, 4 months ago

Section 162 CrPC Does Not Prevent A Trial Court From Putting Questions To Witnesses Suo Motu To Contradict Them : Supreme Court

Live Law  

The Supreme Court observed that Section 162 CrPC does not affect a Court's power to look into documents or put questions to witnesses suo motu to contradict them. "There is in our opinion nothing in Section 162 of the CrPC which prevents a Trial Judge from looking into the papers of the chargesheet suo motu and himself using the statement …

S.311 CrPC | Witness To Be Recalled Only For Strong & Valid Reasons, Not To Prejudice Accused: Kerala High Court
1 year, 4 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 …

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, 7 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, …

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court
1 year, 8 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law  

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 …

Breaking: Kerala High Court Sets Aside Sessions Court Order Dropping Culpable Homicide Charges Against IAS Officer Sreeram Venkataraman
1 year, 8 months ago

Breaking: Kerala High Court Sets Aside Sessions Court Order Dropping Culpable Homicide Charges Against IAS Officer Sreeram Venkataraman

Live Law  

The Kerala High Court on Thursday set aside a Sessions Court order dropping culpable homicide charges against IAS Officer Sreeram Venkitaraman in the infamous road rage case. The Additional Sessions Court I, Trivandrum, dropped the charges under Section 304 which provides punishment for culpable homicide and Section 201, which penalizes causing disappearance of evidence of offence or giving false information, …

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court
1 year, 11 months ago

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court

Live Law  

The Kerala High Court recently held that the Special Judge, exercising jurisdiction under the Prevention of Corruption Act, 1988, is not empowered to direct the investigating agency to obtain sanction under Section 19 for prosecution of the accused while ordering further investigation under Section 173 Cr.P.C. However, the Special Judge ordered the investigating officer to conduct further investigation as well …

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations
1 year, 11 months ago

Gujarat High Court Allows Rape Accused To Use Victim’s Section 161 CrPC Statement Of Different Case To Contradict Her Allegations

Live Law  

The Gujarat High Court recently quashed a trial court order denying the accused opportunity to examine a police inspector in a rape case. The trial court had also observed that unless and until she is not examined by the court, the statement recorded under Section 161 of Cr.P.C. Before the registration of rape case, the victim's brother had lodged the …

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC
2 years, 1 month ago

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC

Live Law  

The Kerala High Court has observed that the Court may permit the prosecution to tender such evidence which appears to be essential to decide the case in a just manner, even after the commencement of the trial. Justice A. Badharudeen observed that: It is true that the prosecution is duty bound to place all the evidence to be tendered along …

S.200 CrPC | Magistrate Can Implead Co-Accused Even After Taking Cognizance Of Crime & Committal To Competent Court: MP High Court
2 years, 4 months ago

S.200 CrPC | Magistrate Can Implead Co-Accused Even After Taking Cognizance Of Crime & Committal To Competent Court: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that a JMFC who had taken cognizance of a matter and committed the same to sessions court, can also entertain an application under Section 200 CrPC later, to implead other co-accused in the same crime. Disagreeing with the observations of JMFC, the sessions court set aside the order of rejection and …

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist
2 years, 5 months ago

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist

Live Law  

The State of Kerala has approached Supreme Court against Kerala High Court's order of discharging alleged Maoist leader Roopesh accused of charges under Unlawful Activities Act and sedition under Section 124A of the Indian Penal Code. The High Court bench of Justice K. Vinod Chandran and Justice C. Jayachandran had discharged Roopesh, who allegedly along with members of the banned …

Application For Further Investigation Can Be Filed Even After Commencement Of Trial: Madras High Court
2 years, 6 months ago

Application For Further Investigation Can Be Filed Even After Commencement Of Trial: Madras High Court

Live Law  

While allowing a revision of the order of the Judicial Magistrate rejecting the application for further investigation, the Madras High Court recently observed that an application for further investigation can be made even after the commencement of trial. Justice Bharatha Chakravarthy observed as under: Section 173 of Cr.P.C., does not place any fetter on the Police to conduct further investigation …

Kerala High Court Directs State Police Chief To Enquire Into Allegations Of Media Trial In Actor Assault Case On Dileep's Plea
2 years, 11 months ago

Kerala High Court Directs State Police Chief To Enquire Into Allegations Of Media Trial In Actor Assault Case On Dileep's Plea

Live Law  

The Kerala High Court on Tuesday directed the State Police Chief to enquire into the allegations raised by actor Dileep that the media was flouting the trial court's order restricting the publication of matters related to the 2017 actor assault case till the conclusion of the trial.Justice Kauser Edappagath remarked that the allegations if found to be true, should be …

Must Prove Accused Is Absconding With No Immediate Prospect For Arrest To Record Witness Deposition U/S 299 CrPC: Kerala High Court
2 years, 11 months ago

Must Prove Accused Is Absconding With No Immediate Prospect For Arrest To Record Witness Deposition U/S 299 CrPC: Kerala High Court

Live Law  

In a significant judgment, the Kerala High Court ruled that before recording witness depositions under Section 299 of the Code of Criminal Procedure, it should be established that the accused has absconded and that there is no immediate prospect of arresting him. The Bench added that proof of the accused absconding is a condition precedent to record witness deposition for …

Kerala Abkari Act-Whether Conviction Sustainable When Independent Witnesses To Search Turned Hostile: Supreme Court To Examine
3 years, 1 month ago

Kerala Abkari Act-Whether Conviction Sustainable When Independent Witnesses To Search Turned Hostile: Supreme Court To Examine

Live Law  

The Supreme Court recently agreed to examine whether conviction under Kerala Abkari Act was sustainable when independent witnesses to search turned hostile.The bench of Justices Ajay Rastogi and AS Oka issued notice in the special leave petition assailing Kerala High Court's order dated June 11, 2021.In the impugned order, the High Court bench of Justice K Haripal. The Supreme Court …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 2 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 …

Abject Incompetence Of Prosecution: Kerala High Court Initiates Suo Motu Case To Probe Appointment Of Prosecutors
3 years, 3 months ago

Abject Incompetence Of Prosecution: Kerala High Court Initiates Suo Motu Case To Probe Appointment Of Prosecutors

Live Law  

The Kerala High Court in its judgment delivered on Thursday in a criminal appeal case observed that it has raised a suo motu case regarding the ineptitude of the Prosecutors in several cases, resulting in the offenders walking away scot-free. A Division Bench comprising Justice K.Vinod Chandran and Justice Ziyad Rahman was dealing with an appeal filed by a priest …

Co-Accused Can't Be Examined As Prosecution Witness Unless Made An Approver By Grant Of Pardon: Kerala High Court
3 years, 4 months ago

Co-Accused Can't Be Examined As Prosecution Witness Unless Made An Approver By Grant Of Pardon: Kerala High Court

Live Law  

The Kerala High Court recently held that a person arraigned as an accused can only be examined as a witness against the other accused in a trial relating to the same offence when the witness has been made an approver after granting pardon under Sections 306 or 307 of the Code of Criminal Procedure.A Division Bench of Justices Vinod Chandran …

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice
3 years, 5 months ago

Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice

Live Law  

The Supreme Court issued notice in Special Leave Petition filed against a Kerala High court order recalling its earlier judgment quashing rape and child sexual assault charges against various accused.The High Court bench presided by Justice K. Haripal had initially quashed the proceedings against on the grounds of the marriage of the accused to the victims. The Supreme Court issued …

Kerala High Court Quashes POCSO Charges Against Man After His Marriage To The Survivor
3 years, 8 months ago

Kerala High Court Quashes POCSO Charges Against Man After His Marriage To The Survivor

Live Law  

In two cases, the Kerala High Court quashed charges of sexual assault against a 22-year-old man in light of his subsequent marriage to the prosecutrix. In the first case, a Bench comprising of Justice K Haripal recently quashed a chargesheet filed by the police in February 2019 charging the man with sexual assault and other charges under the Indian Penal …

Section 195(1)(b)(i) CrPC Does Not Bar Prosecution By Investigating Agency For Offence U/s193 IPC Committed During Investigation Stage
3 years, 9 months ago

Section 195(1)(b)(i) CrPC Does Not Bar Prosecution By Investigating Agency For Offence U/s193 IPC Committed During Investigation Stage

Live Law  

The Supreme Court held that the prosecution by the investigating agency for offence punishable under Section 193 IPC committed during the stage of investigation will not be barred under Section 195 CrPC if the investigating agency has lodged complaint or registered the case prior to commencement of proceedings and production of. The Supreme Court held that the prosecution by the …

Trial Judges Do Not Have Absolute Discretion To Prune Or Reject List Of Witnesses Submitted By Accused: Kerala High Court
3 years, 11 months ago

Trial Judges Do Not Have Absolute Discretion To Prune Or Reject List Of Witnesses Submitted By Accused: Kerala High Court

Live Law  

The trial Judges do not have absolute discretion to prune or reject the list of witnesses submitted by the accused, the Kerala High Court observed in a judgment delivered on Monday.Justice VG Arun observed that the trial court is empowered to interfere with only when the court is convinced that the application seeking issuance of summons is submitted for the …

SC Issues Notice On Plea Seeking Clarification On The Issue Of Applicability Of Extended Limitation Period On Section 167(2) CRPC
4 years, 7 months ago

SC Issues Notice On Plea Seeking Clarification On The Issue Of Applicability Of Extended Limitation Period On Section 167(2) CRPC

Live Law  

The Supreme Court on Monday issued notice on an an application seeking a clarification that the earlier order of top court extending the limitation period with effect from March 15 does not cover the time limit prescribed under Section 167 of the Code of Criminal Procedure for grant of bail.A bench of Chief Justice SA Bobde, Justices AS Bopanna & …

SC Order For Extension Of Limitation Does Not Affect An Accused' Right To Default Bail Under Section 167(2) CrPC: Kerala HC [Read Order]
4 years, 7 months ago

SC Order For Extension Of Limitation Does Not Affect An Accused' Right To Default Bail Under Section 167(2) CrPC: Kerala HC [Read Order]

Live Law  

The Kerala High Court has held that the Supreme Court order dated March 23, 2020, whereby the period of limitation for filing cases was extended in view of the COVID-19 lockdown, does not affect the right of an accused to default bail under Section 167 of CrPC. While making these observations, the bench expressed its concurrence with the verdict of …

Failure To Comply With Prescribed Time Limit By Sanctioning Authority Vitiates Sanction : Kerala HC Quashes UAPA And Sedition Charges [Read Judgment]
5 years, 3 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 …

Section 344 CrPC: Cognizance To Be Taken At The Time Of Delivering Judgment/ Final Order: Kerala HC [Read Judgment]
5 years, 6 months ago

Section 344 CrPC: Cognizance To Be Taken At The Time Of Delivering Judgment/ Final Order: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that legitimate stage when the court could take cognizance of offence of perjury invoking Section 344 of the Code is the time of court delivering the judgment or final order terminating the proceeding before it.A defence witness in an accident case deposed before the Grama Nyayalaya Court that the accident was the result of …

Failure To Secure Presence Of Accused Not A Reason To Invoke Section 258 CrPC To Stop Criminal Proceedings: Kerala HC [Read Order]
5 years, 7 months ago

Failure To Secure Presence Of Accused Not A Reason To Invoke Section 258 CrPC To Stop Criminal Proceedings: Kerala HC [Read Order]

Live Law  

The Kerala High Court has observed that a Magistrate cannot invoke Section 258 of the Criminal Procedure Code to stop proceedings merely because the accused had absconded or that despite the initiation of coercive proceedings, his presence could not be secured. Justice Raja Vijayaraghavan V. observed thus while disposing suo motu revision petitions registered after it was brought to the …

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