Four Conditions To Invoke Section 27 Of Indian Evidence Act : Supreme Court Explains
11 months, 2 weeks 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 held in these judgments, does not lay down the principle that discovery of a fact is to be equated to the object produced or found. Accordingly, discovery of a fact includes the object found, the place from which it was produced and the knowledge of the accused as to its existence.,” the Court said.

Court Information Custody Rajinikanth Discovery Act Condition Fact Appellant Section 27 Of  act  supreme  27  appellant  murder  object  custody  discovery  fact  conditions  accused  explains  condition  information  invoke  indian  court  evidence

History of this topic

S.60 Indian Evidence Act | Person Who Has Seen Or Heard A Fact Can Be Said To Provide Direct Evidence: Jharkhand High Court
1 month, 2 weeks ago

S.60 Indian Evidence Act | Person Who Has Seen Or Heard A Fact Can Be Said To Provide Direct Evidence: Jharkhand High Court

Live Law  

The Jharkhand High Court has upheld the murder conviction of a constable, emphasising the reliability of direct evidence under Section 60 of the Evidence Act. His testimony is corroborated by the attending circumstance of the appellant being arrested soon after the incidence.” “Under Section 60 of the Evidence Act, a person who has seen or heard a fact, can be …

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence
1 month, 3 weeks 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 …

Supreme Court Rules in Favor of Accused in House Robbery Case, Holding That Silence is an Adverse Circumstance
1 month, 3 weeks ago

Supreme Court Rules in Favor of Accused in House Robbery Case, Holding That Silence is an Adverse Circumstance

Live Law  

The Supreme Court has observed that when the offence was committed in the presence of the accused in the privacy of their house, then their failure to offer explanations can be treated as an adverse circumstance against them as per Section 106 of the Indian Evidence Act, 1872. The court held that the presence of the accused at the time …

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

Accused's Act Of Absconding Alone Doesn't Establish His Guilt: Allahabad HC Sets Aside Conviction In 25 Year Old Murder Case
6 months ago

Accused's Act Of Absconding Alone Doesn't Establish His Guilt: Allahabad HC Sets Aside Conviction In 25 Year Old Murder Case

Live Law  

Setting aside a conviction in a 25-year-old murder case, the Allahabad High Court has observed that only on the basis of the absconding of the accused, he cannot be held to be guilty. The trial court relied upon the recovery of the crime weapon axe, under section 27 of the Evidence Act, coupled with the conduct of the accused in …

'Prosecution Couldn't Prove Case Beyond Reasonable Doubt': Allahabad HC Acquits 3 Convicts In 44 Year Old Murder Case
6 months, 2 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 …

S.27 Evidence Act | To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It : Supreme Court
8 months, 1 week 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
8 months, 2 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 …

'State Investigating Agency Unable To Reach Culprit': Punjab & Haryana High Court Directs CBI To Probe "Brutal" Murder Of 8 Yr Old Boy
11 months, 1 week ago

'State Investigating Agency Unable To Reach Culprit': Punjab & Haryana High Court Directs CBI To Probe "Brutal" Murder Of 8 Yr Old Boy

Live Law  

Observing that, “it has become necessary to provide credibility and instil confidence in the public mind”, the Punjab & Haryana High Court has directed CBI probe to investigate the “gruesome murder” of 8 years old boy, after Haryana police failed to find the culprits.Justice Deepak Gupta observed that “when even the Special investigation team constituted by the State. Observing that, …

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court
11 months, 2 weeks ago

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court

Live Law  

The Supreme Court has observed that when the prosecution case is solely based on the circumstantial evidence, then the courts must be vigilant while examining the facts proving the circumstantial evidence i.e., it must be consistent with the hypothesis of the guilt of the accused and should be free from doubts, improbabilities and inconsistencies. Reversing the concurrent findings of the …

Section 27 Evidence Act Vulnerable To Abuse, Courts Must Be Vigilant : Supreme Court
11 months, 2 weeks ago

Section 27 Evidence Act Vulnerable To Abuse, Courts Must Be Vigilant : Supreme Court

Live Law  

The Supreme Court, in its verdict delivered on January 03, while making somepertinent observations regarding Section 27 of the Evidence Act, also cautioned that the police frequently use this provision and the courts must be vigilant about its application. “Section 27 of the Evidence Act is frequently used by the police, and the courts must be vigilant about its application …

'Custody' Under S.27 Evidence Act Doesn't Mean Custody After Formal Arrest; Includes Any Kind Of Restraint Or Surveillance: Supreme Court
11 months, 2 weeks ago

'Custody' Under S.27 Evidence Act Doesn't Mean Custody After Formal Arrest; Includes Any Kind Of Restraint Or Surveillance: Supreme Court

Live Law  

In a significant judgment, the Supreme Court has held that the expression 'custody' used in Section 27 of the Indian Evidence Act does not mean formal custody. The bench disagreed with the recent judgment delivered by a 3-judge bench in Rajesh v. State of MP 2023 LiveLaw 814 which held that Section 27 of the Evidence Act is not applicable …

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court
1 year ago

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court

Live Law  

Recently, the Supreme Court, observed that in a case where the appellant/complainant was an interested sole eyewitness being the father of the deceased and had long enmity with the accused persons, his testimony has to be examined with great caution. The Bench of Justices Abhay S. Oka and Pankaj Mithal made these observations while affirming the impugned order of the …

S.149 IPC - Prosecution Must Prove Accused Was Aware Of Offences Likely To Be Committed To Achieve Common Object: Supreme Court
1 year, 2 months ago

S.149 IPC - Prosecution Must Prove Accused Was Aware Of Offences Likely To Be Committed To Achieve Common Object: Supreme Court

Live Law  

The Supreme Court recently emphasized the importance of concrete evidence to establish the common object in cases involving Section 149 of the Indian Penal Code. "To convict a person under Section 149 IPC prosecution has to establish with the help of evidence that firstly, appellants shared a common object and were part of unlawful assembly and secondly, it had to …

[S.27 Arms Act] Mere Recovery Of Weapon Based On Accused's Confession Insufficient, Ballistic Expert Opinion Vital: Patna High Court
1 year, 2 months ago

[S.27 Arms Act] Mere Recovery Of Weapon Based On Accused's Confession Insufficient, Ballistic Expert Opinion Vital: Patna High Court

Live Law  

The Patna High Court while overturning the convictions of eight individuals in a murder case, has opined that the mere discovery of weapons, specifically pistols and cartridges, based on the confessions of the accused, without the input of a ballistic expert, was insufficient to establish the charge under Section 27 of the Arms Act. Moreover, there was no attempt made …

Rajesh and Another v. The State of MP : A Patently Erroneous Interpretation Of Section 27 Of Evidence Act By Supreme Court
1 year, 2 months ago

Rajesh and Another v. The State of MP : A Patently Erroneous Interpretation Of Section 27 Of Evidence Act By Supreme Court

Live Law  

C O N T E N T SSl. Such insensitivity by the companion Judges has resulted in a grave travesty of Justice by setting a bad precedent with regard to “recovery evidence” falling under Section 27 of the Evidence Act, Hereafter, it is open to any lawyer in any part of the country to successfully argue even before a Magistrate …

S. 27 Evidence Act | Discovery Can't Be Proved Against Person If He Wasn't Accused Of Any Offence & Wasn't In Custody Of Police At The Time Of Confession: Supreme Court
1 year, 2 months ago

S. 27 Evidence Act | Discovery Can't Be Proved Against Person If He Wasn't Accused Of Any Offence & Wasn't In Custody Of Police At The Time Of Confession: Supreme Court

Live Law  

The Supreme Court has held that for a confession made to the police to be admissible under Section 27 of the Evidence Act, two essential conditions must be met: the individual must be 'accused of any offence,' and they must be in 'police custody' at the time the confession is made. Moreover, Section 27 of the same act, which acts …

Death By Accidental Firing : Supreme Court Converts Conviction Of Cop From Section 302 To Section 304A IPC
1 year, 5 months ago

Death By Accidental Firing : Supreme Court Converts Conviction Of Cop From Section 302 To Section 304A IPC

Live Law  

The Supreme Court recently converted the conviction of a Delhi Police guard under Section 302 IPC to Section 304A in the case related to the death of a constable due to accidental firing. The court finally held that “the prosecution has failed to prove that the appellant had either any intention of causing the death of the deceased or the …

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC
1 year, 6 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 …

Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court
1 year, 8 months ago

Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that inadvertence on the part of a party to produce a document before the Court cannot be construed as a substantial cause within the meaning of Rule 27 of Order XLI of the Civil Procedure Code to allow application for production of additional documents. Order XLI R 27 of …

Section 27 of Evidence Act For More Lucidity
1 year, 8 months ago

Section 27 of Evidence Act For More Lucidity

Live Law  

Read this in continuation of the Article “Section 27” Of The Evidence Act And The Verdict In “Pulukuri Kottaya” Continue To Elude The Comprehension Of Many Judges At All Levels" If the “information” to be received from an accused person in the custody of a Police Officer should be regarding a “fact discovered”, AND If the words “fact discovered” occurring …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]
2 years, 1 month ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]

Live Law  

Central Excise Tariff Act, 1988 - Modified Vapour Absorption Chiller Machines cannot be categorized as a Heat Pump to avail concessional tariff benefits - The end use of MVAC is to produce Chilled Water. Thermax Ltd v. Commissioner of Central Excise, Pune-1, 2022 LiveLaw 881 Code of Criminal Procedure, 1973; Section 406 - Negotiable Instruments Act, 1881; Section 138 - …

Bombay HC: When murder happens after much argument, then it is not culpable homicide not amounting to murder
2 years, 1 month ago

Bombay HC: When murder happens after much argument, then it is not culpable homicide not amounting to murder

India Today  

While upholding the life sentence of a truck cleaner who killed a man in Mumbai in 2011, the Bombay High Court rejected his plea seeking reduction of the offence from Section 302 to Section 304 Part-II of the Indian Penal Code. The bench said that if the murder was not in the heat of passion, but much after an argument …

Orissa High Court Upholds Conviction Of Dara Singh & Other Accused In 1999 Father Arul Doss Murder Case
2 years, 3 months ago

Orissa High Court Upholds Conviction Of Dara Singh & Other Accused In 1999 Father Arul Doss Murder Case

Live Law  

The Orissa High Court has upheld the conviction of Dara Singh alias Rabindra Kumar Pal and his co-accused for the murder of Father Arul Doss in Mayurbhanj district of Odisha in the year 1999. Accordingly, the Court held that it is not possible in the present case to sustain the conviction against the four Appellants for the offence punishable under …

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, 3 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 …

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations
2 years, 4 months ago

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations

Live Law  

Evidence Act, 1872 - "Matters" - Matters are necessary, concomitant material factors to prove a fact. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : 2022 SCALE 135 Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : …

Section 106 Evidence Act Doesn't Absolve Prosecution Of Discharging Duty To Prove Case Beyond Reasonable Doubt: Allahabad HC
2 years, 4 months ago

Section 106 Evidence Act Doesn't Absolve Prosecution Of Discharging Duty To Prove Case Beyond Reasonable Doubt: Allahabad HC

Live Law  

The Allahabad High Court has observed that in absence of cogent evidence that the Murder accused was in the house with the deceased at the relevant time, the provisions of Section 106 of the Evidence Act can not be pressed into service to put the onus on him to explain as to under what circumstances the deceased died.With this, the …

Facts Revealed By Accused In Custody About Discovery, Not Acceptance Of Guilt, Can Be Treated As Legal Evidence U/S 27 Evidence Act: Tripura High Court
2 years, 4 months ago

Facts Revealed By Accused In Custody About Discovery, Not Acceptance Of Guilt, Can Be Treated As Legal Evidence U/S 27 Evidence Act: Tripura High Court

Live Law  

The Tripura High Court recently acquitted a man convicted for charges of murder under section 302 IPC, while observing that there wasn't sufficient evidence on record to prove his guilt and that mere statement of the co accused isn't enough to convict him. In this backdrop, the Court observed that the trial court could not convict the appellant basing on …

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates
2 years, 4 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 …

Incriminating Article's Recovery From Open Place/Visible To Others Vitiates Evidence U/S 27 Of Evidence Act: Chhattisgarh High Court
2 years, 4 months ago

Incriminating Article's Recovery From Open Place/Visible To Others Vitiates Evidence U/S 27 Of Evidence Act: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has observed that when recovery of any incriminating article is made from a place that is open or visible to others, it would vitiate the evidence under Section 27 of the Evidence Act.It may be noted that the conditions necessary for the applicability of Section 27 of the Evidence Act are:. The Chhattisgarh High Court has …

"Ring Of Truth" : Supreme Court Lays Down Principles For Appreciation Of Ocular Evidence In Criminal Case
2 years, 5 months ago

"Ring Of Truth" : Supreme Court Lays Down Principles For Appreciation Of Ocular Evidence In Criminal Case

Live Law  

The Supreme Court, in a judgment delivered in a criminal appeal, laid down principles for appreciation of ocular evidence in a criminal case.In assessing the value of the evidence of the eyewitnesses, two principal considerations are whether, in the circumstances of the case, it is possible to believe their presence at the scene of occurrence or in such situations as …

Supreme Court Criminal Digest: June 2022
2 years, 5 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. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court
2 years, 6 months ago

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court

Live Law  

The Meghalaya High Court has set aside the conviction and the ensuing punishment of a murder accused due to failure of the Trial Court to discharge its duties properly as provided under Section 313 of the Code of Criminal Procedure, 1973. While passing an order for re-trial from the stage of Section 313, a Division Bench of Chief Justice Sanjib …

"No One Can Be Arrested Simply On Basis Of Assumption & Perception": Murder Accused Argues In Rajasthan High Court, Secures Bail
2 years, 6 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, 7 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, …

Hearsay Statements Made Contemporaneously With Act Or Immediately Thereafter Admissible U/S 6 Evidence Act: MP High Court
2 years, 7 months ago

Hearsay Statements Made Contemporaneously With Act Or Immediately Thereafter Admissible U/S 6 Evidence Act: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that a statement made by the deceased contemporaneously with the act or immediately thereafter would be admissible as dying declaration under Section 32 of the Indian Evidence Act. Therefore, the Court held, their statements would be admissible pursuant to Section 6 of the Evidence Act- Aforesaid statements of Ravi as well …

Section 106 Evidence Act Is Not Intended To Relieve Prosecution From Discharging Its Duty To Prove The Guilt Of The Accused: Supreme Court
2 years, 10 months 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 …

Section 302 IPC| Circumstances From Which Intention To Cause Death Can Be Gathered: Supreme Court Explains
2 years, 10 months ago

Section 302 IPC| Circumstances From Which Intention To Cause Death Can Be Gathered: Supreme Court Explains

Live Law  

In a recent judgment, the Supreme Court discussed the circumstances which can be used to infer if there was an intention to cause death in a murder case under Section 302 of the Indian Penal Code.A Bench of Justice MR Shah and Justice BV Nagarathna was considering the State of Uttarakhand's appeal challenging High Court's order setting aside the conviction …

"Forensic Report Wasn't Put To Accused": Allahabad HC Orders Retrial In Rape-Murder Case, Sets Aside Death Sentence
2 years, 11 months ago

"Forensic Report Wasn't Put To Accused": Allahabad HC Orders Retrial In Rape-Murder Case, Sets Aside Death Sentence

Live Law  

The Allahabad High Court on Friday rejected the reference made to it to confirm the death penalty awarded to an accused in connection with a rape and murder case and directed the Sessions Court to conduct a retrial in the matter. The High Court noted that the trial court, while holding the appellant guilty, did not give sufficient time to …

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines
2 years, 11 months ago

" A First Appeal In A Murder Case Cannot Be Dealt With In This Fashion': Supreme Court On HC's Dismissal Of Criminal Appeal In Four Lines

Live Law  

On Thursday the Supreme Court observed that the first appeal from a conviction in a murder case could not have been dismissed after recording the conclusion in general terms and in just four lines. Thereafter, narrating the prosecution's case in brief, the High Court concluded that the prosecution had proved the case beyond reasonable doubt and on proper appraisal of …

Supreme Court Criminal Law Digest 2021 [Part 1- CrPC-IPC-Evidence ]
2 years, 11 months 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 …

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder
3 years ago

Witness Testimony Inconsistent With Medical Evidence : Supreme Court Alters Conviction For Murder

Live Law  

The Supreme Court has converted the conviction of appellants from Murder to Voluntarily causing grievous hurt by dangerous weapons under the Indian Penal Code on the basis of inconsistencies between oral testimony of witnesses and medical evidence on record.A Bench of Justices L.Nageswara Rao and B.V.Nagarathna relied on Amar Singh v State of Punjab, wherein the. The Supreme Court has …

Charge Under Section 149 IPC Can Be Altered To Section 34 IPC If Common Intention Among Accused Is Proved : Supreme Court
4 years ago

Charge Under Section 149 IPC Can Be Altered To Section 34 IPC If Common Intention Among Accused Is Proved : Supreme Court

Live Law  

The Supreme Court has held that it is permissible to alter a charge under Section 149 of the Indian Penal Code to a charge under Section 34 IPC if the facts prove that the crime has been committed in furtherance of a common intention.Section 149 IPC provides for vicarious liability of members of an unlawful assembly for the crime committed …

Discover Related