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 negligence of the scootorist and not. 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. Taking note of these provisions, Justice TV Anilkumar, in the petition filed challenging this order of Grama Nyayalaya, said: "A meticulous reading of the Section would make it clear that the offence made punishable under Section 344 is committed only when the witness had knowingly or willfully given false evidence or had fabricated evidence with the intention that such evidence should be used in the proceeding before the court. Therefore, the 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."

Opinion Judgment Evidence Court Witness False Evidence Perjury Order Code Final Offence Proceeding Final Order Cognizance 344 Section 344 Section 344 Crpc Grama Nyayalaya  final  crpc  344  witness  opinion  cognizance  evidence  order  taken  hc  trial  offence  delivering  kerala  read  perjury  court  judgment  proceeding

History of this topic

Complainant Is Entitled To Her Own Section 164 CrPC Statement Regardless Of Filing Of Final Report: Kerala High Court
17 hours, 25 minutes 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
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 …

Principles Relating To Section 195 CrPC : Supreme Court Summarises
1 month, 2 weeks ago

Principles Relating To Section 195 CrPC : Supreme Court Summarises

Live Law  

In a recent judgment, the Supreme Court summarised the principles relating to Section 195 of the Code of Criminal Procedure.This provision lays down the conditions for taking cognizance for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidenceA bench comprising Justices CT Ravikumar and Sanjay Karol culled. In …

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court
4 months, 3 weeks ago

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court

Live Law  

The Karnataka High Court has held that an application under Section 311 Criminal Procedure Code cannot be allowed in cases where such applications are filed only to drag the proceedings/trial. The court said, “The case forms a classic illustration of one such action being initiated only to drag the proceedings, as the petitioner has filed an application under Section 311 …

Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court
8 months, 3 weeks ago

Magistrate Using Expression "To Ascertain Truth Or Falsehood Of Complaint" Indicates Intent To Proceed Under Chapter XVI Of CrPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has clarified that the use of the expression "to ascertain the truth or falsehood of the complaint in terms of Section 202 of the Code" in a Magistrate's order indicates the intent to proceed under Chapter XVI of the Code of Criminal Procedure, which deals with inquiries and investigations into complaints. The …

The Difference In A Criminal Writ, Criminal Revision And 482 – The Plight Of A Litigant In Choosing The Gate
8 months, 4 weeks ago

The Difference In A Criminal Writ, Criminal Revision And 482 – The Plight Of A Litigant In Choosing The Gate

Live Law  

Section 482 of the CrPC provides for a wide ambit of powers of the High Court to secure the ends of justice. Criminal Revision & When It Should Be Invoked Section 397 of CrPC allows the High Court and Sessions Judge to call and examine the records of criminal courts inferior to them within their territory. For instance, in a …

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 …

Delay In Taking Cognizance Of Private Complaint Without Malafides By Complainant To Be Excluded From Limitation Period: Karnataka HC
9 months ago

Delay In Taking Cognizance Of Private Complaint Without Malafides By Complainant To Be Excluded From Limitation Period: Karnataka HC

Live Law  

The Karnataka High Court has held that the delay caused in taking cognizance by the magistrate court after a private complaint is filed when there is no malafide on part of the complainant is required to be excluded for the purpose of the computation of the period of limitation as prescribed under Section 468 of the Code of Criminal Procedure. …

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court
9 months, 4 weeks ago

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court

Live Law  

The Allahabad High Court has held that the power conferred under Section 451 of CrPC should be exercised by the criminal courts with a judicious mind and without any unnecessary delay. Similarly, taking into account the mandate of Sectio 457 CrPC, the Court added the procedure as contemplated under this provision be also followed promptly, so that the concerned Magistrate …

S.311 CrPC | Successive Pleas To Summon Same Witness Not Barred But Should Be Dealt With Higher Degree Of Circumspect: Punjab & Haryana HC
10 months, 2 weeks ago

S.311 CrPC | Successive Pleas To Summon Same Witness Not Barred But Should Be Dealt With Higher Degree Of Circumspect: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has made it clear that a criminal court is well within its judicial discretion under Section 311 of CrPC to summon any person as a witness at any stage of proceedings till such Court is seized of the matter.For context, Section 311 of CrPC empowers Court to summon material witness, or examine person present …

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. …

No Time Limit Stipulated Under Limitation Act For Victim Filing Appeal Against Conviction U/S 372 CrPC: Kerala High Court
1 year, 2 months ago

No Time Limit Stipulated Under Limitation Act For Victim Filing Appeal Against Conviction U/S 372 CrPC: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the Limitation Act does not prescribe any statutory period for the victim to prefer an appeal against conviction under the proviso to Section 372 CrPC. Dias relied upon the Division Bench decision in Sobhanakumari K. vs. Santhosh @ Pallan Shaji and observed thus: “In Sobhanakumari K. vs. Santhosh @ Pallan Shaji, a Division …

[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 …

Section 323 CrPC - Power Can Be Invoked Even After Deposition/Chief Examination Of Witness: Supreme Court
1 year, 4 months ago

Section 323 CrPC - Power Can Be Invoked Even After Deposition/Chief Examination Of Witness: Supreme Court

Live Law  

The Supreme Court observed that the power under Section 323 CrPC may be invoked by the Magistrate even after the deposition or the examination-in-chief of a witness.The key requirement for the invocation of the power under the Section 323 is that the learned Magistrate concerned must feel that the case is one which ought to be tried by the Court …

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 …

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court
1 year, 4 months ago

CrPC | Revisional Court Can't Act As Appellate Court, Shouldn't Interfere Unless Decision Grossly Flawed: Kerala High Court

Live Law  

The Kerala High Court has held that the power of a revisional court under Section 397 to 401 of the Criminal Procedure Code, 1973 cannot be equated to that of an Appellate Court. “Unless the finding of the court, whose decision is sought to be revised, is shown to be perverse or untenable in law or is grossly erroneous or …

S.451 CrPC | Seized Property Ought Not To Remain In Police/ Court Custody For Longer Than Absolutely Necessary: Kerala High Court
1 year, 4 months ago

S.451 CrPC | Seized Property Ought Not To Remain In Police/ Court Custody For Longer Than Absolutely Necessary: Kerala High Court

Live Law  

The Kerala High Court on Friday analysed the scope of Section 451 CrPC which empowers the criminal courts to make orders for interim custody of seized property produced before it during trial and inquiry of an offence.The Single Judge Bench of Justice Raja Vijayaraghavan V. was of the considered view that when a property is so produced before the criminal …

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 …

Cognizance Taken By Police For Offence U/S 195A IPC Bad In Law, Only Court Can Consider Matters Relating To False Evidence: Kerala High Court
1 year, 9 months ago

Cognizance Taken By Police For Offence U/S 195A IPC Bad In Law, Only Court Can Consider Matters Relating To False Evidence: Kerala High Court

Live Law  

The Kerala High Court recently held that the police is not competent to register an offence under Section 195A of the Indian Penal Code and that only a court is competent to consider an offence in relation to false evidence.A single bench of Justice A. Badharudeen observed that “When the threat dealt in Section 195 of IPC is giving. The …

S.151 CrPC | Arrest Without Warrant In Absence Of Knowledge Of Design To Commit Cognizable Offence Violates Article 21: Kerala High Court
1 year, 9 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
1 year, 10 months 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 …

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 …

Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly : Supreme Court
2 years, 2 months ago

Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly : Supreme Court

Live Law  

The Supreme Court reiterated that the power of a court under Section 319 CrPC is a discretionary and extraordinary power which should be excercised sparingly.The crucial test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, …

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, 3 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 …

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court
2 years, 4 months ago

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.The bench comprising Justice Sureshwar Thakur observed that if delays in investigations made into the FIR are construed to fall …

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 …

Section 226 CrPC - Public Prosecutor Owes A Duty To Give A Fair idea Regarding Prosecution Case To Trial Court: Supreme Court
2 years, 5 months ago

Section 226 CrPC - Public Prosecutor Owes A Duty To Give A Fair idea Regarding Prosecution Case To Trial Court: Supreme Court

Live Law  

The Supreme Court observed that before a Trial Court proceeds to frame the charge against the accused, the Public Prosecutor owes a duty to give a fair idea to the Court as regards the case of the prosecution.Section 226 CrPC permits the prosecution to make the first impression regards a case, one which might be difficult to dispel, the bench …

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 …

Court Barred U/S 468(2)(c) CrPC From Taking Cognizance If Charge Sheet For Offence With 3 Yrs Punishment Not Filed In 3 Yrs Of Incident: Karnataka HC
2 years, 5 months ago

Court Barred U/S 468(2)(c) CrPC From Taking Cognizance If Charge Sheet For Offence With 3 Yrs Punishment Not Filed In 3 Yrs Of Incident: Karnataka HC

Live Law  

The Karnataka High Court has said that Section 468 of CrPC specifies that no court shall take cognizance of the offences punishable with imprisonment for a period of three years after the expiry of three years from the date of alleged incident. A single judge bench of Justice Hemant Chandangoudar while allowing the petition filed by one Karan Menon said, …

Relevant Date To Compute Limitation Period U/Sec 468 CrPC Is The Date Of Filing Of Complaint Or Date Of Institution Of Prosecution: Supreme Court
2 years, 10 months ago

Relevant Date To Compute Limitation Period U/Sec 468 CrPC Is The Date Of Filing Of Complaint Or Date Of Institution Of Prosecution: Supreme Court

Live Law  

The Supreme Court observed that the relevant date for the purpose of computing the period of limitation under Section 468 CrPC is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance of the offence.Section 468 of the Code of Criminal procedure deals with bar to …

Supreme Court Criminal Law Digest 2021 [Part 1- CrPC-IPC-Evidence ]
3 years ago

Supreme Court Criminal Law Digest 2021 [Part 1- CrPC-IPC-Evidence ]

Live Law  

Code of Criminal Procedure, 1973On Bail and Anticipatory Bail An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge SheetA bench comprising Justices L. Nageswara Rao, Navin Sinha and Indu Malhotra held that an accused who was released on default bail cannot be. Section 313 CrPC Statement By Accused Is Not A Substantive Evidence To …

Fully Reasoned Order Not Necessary For Taking Cognizance On The Basis Of Police Report : Supreme Court
3 years, 1 month ago

Fully Reasoned Order Not Necessary For Taking Cognizance On The Basis Of Police Report : Supreme Court

Live Law  

The Supreme Court has observed that it is not obligatory on the part of the Court to issue a fully reasoned order for taking cognizance on the basis of a police report. "Though all the above judgments mention that the Magistrate needs to apply his mind to the materials placed before him before taking cognizance, they have been differentiated on …

Irregularity In Order Taking Cognizance Will Not Vitiate Criminal Proceedings : Supreme Court
3 years, 1 month ago

Irregularity In Order Taking Cognizance Will Not Vitiate Criminal Proceedings : Supreme Court

Live Law  

The Supreme Court has held that an irregularity in the order taking cognizance will not vitiate the proceedings in a criminal trial.A bench comprising Justice DY Chandrachud, Justice Vikram Nath and Justice BV Nagarathna was deciding an appeal filed against a judgment of the Karnataka High Court which dismissed the appellant's petition. The Supreme Court has held that an irregularity …

Section 362 CrPC Does Not Empower Court To Suo Motu Recall Orders Passed By It: Supreme Court
3 years, 1 month ago

Section 362 CrPC Does Not Empower Court To Suo Motu Recall Orders Passed By It: Supreme Court

Live Law  

The Supreme Court observed that Section 362 of the Code of Criminal Procedure does not empower a court to suo moto recall the earlier order passed by it.The court said that Section 362 CrPC only provides for correction of any clerical or arithmetical error. The bench comprising Justices Vineet Saran and Aniruddha Bose set aside a Kerala High court order …

[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 …

Settlement Via Marriage Not A Ground To Quash Proceedings Against Rape Accused Under POCSO: Kerala High Court
3 years, 3 months ago

Settlement Via Marriage Not A Ground To Quash Proceedings Against Rape Accused Under POCSO: Kerala High Court

Live Law  

In a significant ruling, the Kerala High Court has held that a compromise of marriage between the parties is not a ground to quash the criminal proceedings against the accused under the provisions of POCSO.Justice V. Shircy while dismissing a petition under Section 482 of the Code of Criminal Procedure, remarked:"Rape is not only a very serious and inhumane offence …

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 …

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates
3 years, 4 months ago

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates

Live Law  

The Kerala High Court on Wednesday held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public servants, and that cognizance of the offences taken against them without such sanction was bad in law. Accordingly, reliance was placed on Amrik Singh v. State of Pepsu where it was held as …

Dismissal Of Complaint For Non Payment Of Process Fees Revisable : Kerala High Court
3 years, 4 months ago

Dismissal Of Complaint For Non Payment Of Process Fees Revisable : Kerala High Court

Live Law  

The Kerala High Court has observed that if a criminal complaint is dismissed for non payment of process fees or other fees dealt under Section 204 Code of Criminal Procedure, the same is not an appealable order, but revisable.The court said that if the dismissal of a complaint is for non appearance or death of the complainant, the same amounts …

Offences Committed Outside India: Previous Sanction Of Central Govt U/S 188 CrPC Not Required At The Stage Of Cogizance But Trial Can't Be Commenced Without It: SC
3 years, 5 months ago

Offences Committed Outside India: Previous Sanction Of Central Govt U/S 188 CrPC Not Required At The Stage Of Cogizance But Trial Can't Be Commenced Without It: SC

Live Law  

The Supreme Court observed that the trial of the criminal case against an Indian citizen for offences committed outside India cannot commence without sanction of the Central Government under Section 188 of the Code of Criminal Procedure.But such previous sanction is not required at the stage of cognizance, the bench comprising Justices L. Nageswara Rao and Aniruddha Bose said.In this …

Cognizance Of Section 138 NI Act Offence By Magistrate Will Not Automatically Result In Decree In Civil Suit For Cheque Dishonour : Delhi High Court
3 years, 5 months ago

Cognizance Of Section 138 NI Act Offence By Magistrate Will Not Automatically Result In Decree In Civil Suit For Cheque Dishonour : Delhi High Court

Live Law  

The Delhi High Court has held that if the Metropolitan Magistrate takes cognizance of an offense under Section 138 of the Negotiable Instrument Act, 1881, it is not that a decree against the respondent/defendant will follow automatically.The Court rejected the argument that that mere cognizance of an offence by a MM in Section 138 NI Act proceedings should automatically lead …

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 …

Registration Of Crime Under Section 102 CrPC Illegal, Its An Enabling Provision To Make Seizure By Police : Kerala High Court
3 years, 6 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 …

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 …

Aim Of Every Court Is To Discover The Truth: Supreme Court Explains Scope Of Section 311 CrPC
3 years, 10 months ago

Aim Of Every Court Is To Discover The Truth: Supreme Court Explains Scope Of Section 311 CrPC

Live Law  

The Supreme court briefly explained the scope of Section 311 of the Code of Criminal Procedure in its two recent judgments.Section 311 deals with the power to summon material witness, or examine person present. Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person …

Single Judge Bench Can Take Cognizance And Decide Civil Contempt Petitions: Kerala High Court
3 years, 11 months ago

Single Judge Bench Can Take Cognizance And Decide Civil Contempt Petitions: Kerala High Court

Live Law  

The Kerala High Court has held that a Single Judge Bench can take cognizance and decide civil contempt petition.The Division Bench comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly struck down Rule 6 of the Contempt of Courts Rules as ultra vires to the Constitution of India and Section 19 of the Contempt of Courts Act. The …

Any Activity Creating Hatred, Tension On Ground Of Religion, Race, Caste, Community Or Language Can't Lead To Fair Elections: U'Khand HC [Read Order]
4 years, 3 months ago

Any Activity Creating Hatred, Tension On Ground Of Religion, Race, Caste, Community Or Language Can't Lead To Fair Elections: U'Khand HC [Read Order]

Live Law  

The Uttarakhand High Court on Monday observed that "for fair and peaceful election, during the election campaign, party or candidate should not indulge in any activity which may create mutual hatred or cause tension between different classes of the citizens of India on the ground of religion, race, caste, community or language." Background An application was filed under Section 482 …

Benefit U/s 427 CrPC Can Be Claimed Only Before The Court Dealing With The Subsequent Offences: Kerala HC [Read Judgment]
4 years, 5 months ago

Benefit U/s 427 CrPC Can Be Claimed Only Before The Court Dealing With The Subsequent Offences: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has observed that the benefit under Section 427 of the Code of Criminal Procedure can be claimed only before the Court dealing with the subsequent offences. Before the High Court, one of the main contentions of the appellant was that he was subsequently convicted by the same court for another offence under the Narcotic Drugs and …

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