Does Bar U/S 195(1)(a)(i) CrPC Apply To Non-Appearance Of Proclaimed Offender Punishable U/S 174A IPC? Delhi HC Refers Issue To Large Bench
3 months, 2 weeks ago

Does Bar U/S 195(1)(a)(i) CrPC Apply To Non-Appearance Of Proclaimed Offender Punishable U/S 174A IPC? Delhi HC Refers Issue To Large Bench

Live Law  

A single bench of the Delhi High Court has referred the question of “whether charges under Section 174A of the IPC can be clubbed with charges under Sections 172-188 IPC and whether the court can proceed without a complaint under Section 195 of the Cr.PC”, to a larger bench for consideration. The appellant contended that in the absence of any complaint under Section 195 Cr.P.C, the Trial Court could not have taken cognizance under Section 174A IPC. untouched.” The Court referred to Amandeep Gill & Anr vs. State Govt Of NCT Of Delhi, where a single bench of Delhi High Court held that cognizance of an offence under Section 174-A IPC is covered by the bar under Section 195 Cr.P.C. Furthermore, the respondent relied on Maneesh Goomer v. State, where a single bench of the Delhi High Court held that Section 174-A IPC was not covered by the bar of Section 195 Cr.P.C.

Delhi Court Delhi High Court Ipc Bench 188 Ipc 195 Section 195 Cr Section 174A Section 174A Ipc 174A Ipc 174A  does  proclaimed  ipc  supra  bench  large  punishable  hc  court  complaint  issue  offences  crpc  nonappearance  174a  195  offender  view  refers

History of this topic

[S.377 IPC Attempt] Crimes Against Women & Children On The Rise, Releasing Convict On Probation Will Send Wrong Message: Kerala High Court
2 weeks, 2 days ago

[S.377 IPC Attempt] Crimes Against Women & Children On The Rise, Releasing Convict On Probation Will Send Wrong Message: Kerala High Court

Live Law  

The Kerala High Court has refused to invoke the provisions of the Probation of Offenders Act in the benefit of a man convicted by the Trial Court under Section 377 and 506 of IPC. Court said, “But in the light of the nature of the offences committed, I do not think that the benevolent provisions require to be invoked because …

NCLT Has No Jurisdiction To Convict Person For Offence U/S 68 Of IBC In View Of Section 236 Of IBC: NCLAT
3 weeks, 4 days ago

NCLT Has No Jurisdiction To Convict Person For Offence U/S 68 Of IBC In View Of Section 236 Of IBC: NCLAT

Live Law  

The National Company Law Appellate Tribunal New Delhi bench of Justice Yogesh Khanna and Mr. Ajai Das Mehrotra has held that the National Company Law Tribunal has no jurisdiction to convict a person for an offence under Section 68 under Chapter VII of Part II of the Insolvency and Bankruptcy Code, 2016 in view of the express provision contained in …

S. 205 CrPC | No Strict Bar For Dispensation Of Personal Attendance Of Accused In Cases Under SC/ST Act: Orissa High Court
2 months ago

S. 205 CrPC | No Strict Bar For Dispensation Of Personal Attendance Of Accused In Cases Under SC/ST Act: Orissa High Court

Live Law  

The Orissa High Court has recently clarified that there is no strict statutory embargo barring dispensation of personal attendance of accused under Section 205 of the CrPC in cases involving offences under the Scheduled Caste and Scheduled Tribe Act. While setting aside a trial Court order disallowing application of the appellants seeking dispensation of personal appearance, the Single Bench of …

Cognizance Of Offence U/S 188 IPC Requires Complaint By Public Servant, Not FIR: Patna High Court Quashes Magistrate's Order
2 months, 2 weeks ago

Cognizance Of Offence U/S 188 IPC Requires Complaint By Public Servant, Not FIR: Patna High Court Quashes Magistrate's Order

Live Law  

The Patna High Court in a judgment delivered recently, quashed the cognizance taken by the Judicial Magistrate of offence under Section 188 of the Indian Penal Code. Justice Jitendra Kumar, presiding over the case, observed, “The Magistrate is not competent to take cognizance of an offense punishable under Section 188 IPC on a police report. The Court, in its judgement, …

Failure to appear in court an independent offence, SC rules
2 months, 3 weeks ago

Failure to appear in court an independent offence, SC rules

Hindustan Times  

The Supreme Court has ruled that the offence of ignoring a court-issued proclamation to appear is a “standalone” crime that continues to hold even if the accused is cleared of the charges for which the direction was issued. Section 174A of IPC was introduced in 2005 to address situations where individuals intentionally evade court proceedings by failing to appear despite …

Accused Who Absconded Can Be Prosecuted Under S.174A IPC Even If Proclamation Under S.82 CrPC Is Extinguished : Supreme Court
2 months, 3 weeks ago

Accused Who Absconded Can Be Prosecuted Under S.174A IPC Even If Proclamation Under S.82 CrPC Is Extinguished : Supreme Court

Live Law  

The Supreme Court observed that while a proclamation issued under Section 82 Cr.P.C. cannot be enforced if the underlying case is quashed, the accused may still be penalized under Section 174A IPC for failing to appear in response to the proclamation, as it constitutes an independent offence arising from the initial proclamation.The bench comprising Justices CT Ravikumar and Sanjay Karol. …

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court
Trending News
3 months, 1 week ago

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court

Live Law  

The Supreme Court held that a police official who is accused of lodging a false case cannot claim that he cannot be prosecuted without the sanction under Section 197 of the Code of Criminal Procedure. ".it follows that when a police official is said to have lodged a false case, he cannot claim that sanction for prosecution under Section 197 …

Court Can't Add Or Subtract Sections In Police Report While Taking Cognizance Of Offences U/S 190 CrPC: Allahabad HC
9 months ago

Court Can't Add Or Subtract Sections In Police Report While Taking Cognizance Of Offences U/S 190 CrPC: Allahabad HC

Live Law  

The Allahabad High Court has observed that the offences cannot be added or subtracted by the concerned Magistrate or Judge in the police report when they are being considered under Section 190 CrPC. To hold thus, the Court relied upon the Judgment of the Top Court in the case of State Of Gujarat vs Girish Radhakishan Varde wherein it was …

HC dismisses IPS officer Ashish Kapoor’s plea seeking transfer of case to another judge
1 year ago

HC dismisses IPS officer Ashish Kapoor’s plea seeking transfer of case to another judge

Hindustan Times  

The Punjab and Haryana high court has dismissed a plea from IPS officer, Ashish Kapoor, who had challenged a Mohali court order granting pardon to an accused cop and making him an approver against him in a ₹1 crore bribery case. Singh was initially booked with Kapoor an assistant inspector general level officer, on October 6, 2023, as an accused …

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

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

Live Law  

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

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC
2 years, 2 months ago

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC

Live Law  

The Delhi High Court has observed that there is no bar to file anticipatory bail under section 438 of CrPC in an FIR registered under section 376 of Indian Penal Code, 1860 when the alleged incident happened prior to introduction of the Criminal Law Act, 2018.Justice Jasmeet Singh made the observation while denying anticipatory bail to a father accused of …

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court
2 years, 3 months ago

Section 300 CrPC Bars The Trial of a Person Not Only For The Same Offence But Also For Any Other Offence On The Same Facts: Supreme Court

Live Law  

The Supreme Court has reiterated that Section 300 CrPC bars the trial of a person not only for the same offence but also for any other offence on the same facts.The court was hearing a Criminal Appeal that was filed assailing the judgment and order passed by the High Court of Kerala in Criminal Appeal Nos. The Supreme Court has …

Section 149 IPC Is One Of The Most Misused And Misinterpreted Provisions Of The Present Times: Allahabad High Court
2 years, 5 months ago

Section 149 IPC Is One Of The Most Misused And Misinterpreted Provisions Of The Present Times: Allahabad High Court

Live Law  

The Allahabad High Court has recently observed that Section 149 I.P.C is one of the most misused and misinterpreted provisions of the present times so far as the investigation by the Investigating Officers of police or any other investigating agency of crime is concerned. The bench of Justice Siddharth observed thus while dealing with a bail plea wherein the accused …

Sanction For Prosecution U/S 197 CrPC Can Be Postponed To Later Stage Unless Acts Complained Of Intricately Connected To Official Function: Delhi HC
2 years, 6 months ago

Sanction For Prosecution U/S 197 CrPC Can Be Postponed To Later Stage Unless Acts Complained Of Intricately Connected To Official Function: Delhi HC

Live Law  

The Delhi High Court has observed that there is no legal bar to always postpone the requirement of sanction at a later stage of proceedings. If the acts complained of have a connection with the official duty, provision of Section 197 CrPC is attracted for obtaining sanction immediately at the time of taking cognizance.Justice Purushaindra Kumar Kaurav observed:"….there is no …

Is Prosecution For IPC Offences Barred After Case Under Section 138 NI Act?Supreme Court Refers To Larger Bench
2 years, 7 months ago

Is Prosecution For IPC Offences Barred After Case Under Section 138 NI Act?Supreme Court Refers To Larger Bench

Live Law  

Whether on similar set of allegations of fact, the accused can be tried for an offence under Negotiable Instruments Act which is special enactment and also for offences under Indian Penal Code unaffected by the prior conviction or acquittal? The bench comprising Justices S. Abdul Nazeer and JK Maheshwari was considering a special leave petition filed against the Madras High …

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

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

Live Law  

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

Section 226 CrPC - Public Prosecutor Owes A Duty To Give A Fair idea Regarding Prosecution Case To Trial Court: Supreme Court
2 years, 7 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 …

Sections 4 And 5 Of CrPC Do Not Apply To Offences Under IPC: Allahabad High Court
2 years, 8 months ago

Sections 4 And 5 Of CrPC Do Not Apply To Offences Under IPC: Allahabad High Court

Live Law  

The Allahabad High Court has held that the provisions of Sections 4 and 5 of the CrPC do not apply to offencs committed under the Indian Penal Code and that these provisions are applicable when any special act comes into operation.The Division Bench of Justice Kaushal Jayendra Thaker and justice Gautam Chowdhary passed this order while hearing a petition filed …

Convict's Sentence Enhanced My Modifying Trial Court Judgment Under Reader's Signature: Punjab & Haryana HC Asks Appellate Court To Conduct Inquiry
2 years, 9 months ago

Convict's Sentence Enhanced My Modifying Trial Court Judgment Under Reader's Signature: Punjab & Haryana HC Asks Appellate Court To Conduct Inquiry

Live Law  

Punjab and Haryana High Court recently came across a case where the original order of conviction passed by the Trial Court was modified under the signature of the Reader of the Court, during the pendency of an appeal preferred by the convict against the said judgment, thereby enhancing the sentence of the convict from 2 months to two years. However, …

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court
2 years, 10 months ago

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court

Live Law  

The Karnataka High Court recently quashed the proceedings initiated under section 156 of the Criminal Procedure Code, wherein the Magistrate court referred the complaint filed for defamation under section 499, 500 of the Indian Penal Code to the police for further investigation.While doing so, the Bench relied on the Apex court judgement in the case of Subramanian Swamy v. Union. …

Section 167(2) CrPC- Investigating Agency Can't Curtail Accused' Right To Default Bail By Invoking Graver Charges: Bombay High Court
2 years, 10 months ago

Section 167(2) CrPC- Investigating Agency Can't Curtail Accused' Right To Default Bail By Invoking Graver Charges: Bombay High Court

Live Law  

The Bombay High Court has made it clear that an investigating agency cannot thwart the right to default bail of an accused by merely invoking graver charges. Justice CV Bhadang observed, The question arose as the charge under Section 409 IPC, which would extend the period of investigation to 90 days, was added against the accused days before expiry of …

Centre initiates process to amend IPC, CrPC, Evidence Act in consultation with stakeholders
2 years, 11 months ago

Centre initiates process to amend IPC, CrPC, Evidence Act in consultation with stakeholders

Firstpost  

The Parliamentary Standing Committee on Home Affairs in its 146th report had recommended that there is a need for a comprehensive review of the criminal justice system of the country New Delhi: Seeking to make comprehensive changes in criminal laws to provide affordable and speedy justice and create a people-centric legal structure, the government has initiated the process to amend …

Government starts process to amend IPC, CrPC
3 years ago

Government starts process to amend IPC, CrPC

The Hindu  

Aiming to make comprehensive changes in criminal laws, the government has initiated the process of amendment to laws such as Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act in consultation with all stakeholders, the Rajya Sabha was informed on Wednesday. Union Minister of State for Home Ajay Kumar Mishra also said that the Ministry of …

Govt Starts Process To Amend IPC, CrPC; Seeks Suggestions From Governors, CMs, MPs, Judges
3 years ago

Govt Starts Process To Amend IPC, CrPC; Seeks Suggestions From Governors, CMs, MPs, Judges

ABP News  

New Delhi: Aiming to make comprehensive changes in criminal laws, the government has initiated the process of amendment to laws such as Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act in consultation with all stakeholders, Rajya Sabha was informed on Wednesday. Union Minister of State for Home Ajay Kumar Mishra also said that the Ministry …

'Child In Conflict With Law Can't Be Treated As Under Trial Prisoner U/S 436-A CrPC': Madhya Pradesh High Court
3 years ago

'Child In Conflict With Law Can't Be Treated As Under Trial Prisoner U/S 436-A CrPC': Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently held that a Child in Conflict with Law cannot be treated as an undertrial prisoner as contemplated under Section 436-A CrPC, since arrest/ confinement/ apprehension are not contemplated in Juvenile Justice Act, 2015. Elucidating the historical background of Section 436-A CrPC, he submitted that the said provision came into force by way …

Applying Section 41A CrPC Will Defeat PMLA's Objective : Solicitor General Tells Supreme Court
3 years ago

Applying Section 41A CrPC Will Defeat PMLA's Objective : Solicitor General Tells Supreme Court

Live Law  

The Solicitor General of India Tushar Mehta continued his arguments in the Supreme Court on Thursday defending the provisions of the Prevention of Money Laundering Act. P. C., the Court takes cognisance on a police report filing under section 173 while in case of investigation by "authorities" under PMLA, the Court takes cognisance upon a complaint made by an authority; …

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC
3 years, 1 month ago

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC

Live Law  

The Allahabad High Court has clarified that as per Section 202 CrPC, if an accused resides beyond the jurisdictional area of a Magistrate then it is mandatory for such a Magistrate to either inquire into the case himself or direct an investigation to be made, before issuance of process under Section 204 CrPC.The Bench of Justice Manju Rani Chauhan further …

S 160 CrPC Must Apply Even To Investigations Carried Out By CBI: Calcutta High Court
3 years, 1 month ago

S 160 CrPC Must Apply Even To Investigations Carried Out By CBI: Calcutta High Court

Live Law  

In a significant judgment delivered on Thursday, the Calcutta High Court has observed that the territorial limitations as envisaged under Section 160 CrPC must apply even to investigations being carried out by the Central Bureau of Investigation.The Court had accordingly directed the CBI to not take any coercive measures against Trinamool Congress Birbhum district president Anubrata. In a significant judgment …

Inherent Jurisdiction Of High Court U/S 482 CrPC Can't Be Invoked To Override Bar Of Review U/S 362: Delhi HC
3 years, 1 month ago

Inherent Jurisdiction Of High Court U/S 482 CrPC Can't Be Invoked To Override Bar Of Review U/S 362: Delhi HC

Live Law  

The Delhi High Court has refused to entertain a petition under Section 482 of the Code of Criminal Procedure 1973 for setting aside its own Judgment, citing the bar on review envisaged under Section 362 CrPC. Section 362 stipulates that no Court, when it has signed its Judgment or final order disposing of a case, shall alter or review the …

Chapter XXIA CrPC | Provisions Of Plea Bargaining Applicable To Offences U/S 132 & 135 Of Customs Act: Delhi High Court
3 years, 1 month ago

Chapter XXIA CrPC | Provisions Of Plea Bargaining Applicable To Offences U/S 132 & 135 Of Customs Act: Delhi High Court

Live Law  

In a case concerning illegal smuggling of gold by two Kazakh nationals, the Delhi High Court upheld the plea bargain reached between the Smuggler Respondent, Consul at the Kazakh Embassy, Air Customs Officer, and Senior SPP for the Customs Department vide Mutually Satisfactory Declaration. The Petitioner viz, Customs Department, Government of India appealed before the Delhi High Court against the …

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties
3 years, 1 month ago

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 and 498-A read with Section 34 of IPC, based on a compromise between the parties involved. Vs. Deepak the Hon'ble Apex Court has had an occasion to consider whether the High Court can quash the FIR/complaint/criminal proceedings, in exercise of the …

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court
3 years, 1 month ago

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court

Live Law  

In a significant development, the Calcutta High Court on Thursday observed that a prior sanction for prosecuting public servants is required before setting in motion even the investigative process under Section 156 of the Code of Criminal Procedure, 1973. The Court also noted that the issue in consideration as to whether prior sanction for prosecution qua allegation of corruption in …

Gujarat High Court Quashes Criminal Proceedings Against Hardik Patel For Taking Out A Public Rally Sans Permission
3 years, 3 months ago

Gujarat High Court Quashes Criminal Proceedings Against Hardik Patel For Taking Out A Public Rally Sans Permission

Live Law  

The Gujarat High Court on Wednesday quashed the complaint and the charge sheet against Congress leader Hardik Patel in connection with a rally which he took out in the year 2017 sans police permission.The Bench of Justice Gita Gopi was hearing a 482 CrPC application filed by Patel who sought quashing of the complaint registered with the police station for …

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, 7 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 …

'Proclaimed Offender' Declaration Under Section 82(4) CrPC Cannot Be Made Against Person Accused Of Sections 406, 420 IPC : Delhi High Court
3 years, 11 months ago

'Proclaimed Offender' Declaration Under Section 82(4) CrPC Cannot Be Made Against Person Accused Of Sections 406, 420 IPC : Delhi High Court

Live Law  

The Delhi High Court has held that a person accused of offences under Section 406, 420 and 120B under the Indian Penal Code cannot be declared as a 'proclaimed offender' under Section 82 of the Code of Criminal Procedure.The Court held that such a declaration can be made only against persons accused of the offences specified. The Delhi High Court …

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

S. 195 CrPC Doesn't Bar Registration Of FIR For An Offence Under S. 188 IPC By Police: Madhya Pradesh High Court
4 years, 2 months ago

S. 195 CrPC Doesn't Bar Registration Of FIR For An Offence Under S. 188 IPC By Police: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court last month held that there is no bar under Section 195 of the Cr.P.C. in registering the FIR for offence under Section 188 of the IPC and the bar under Section 195 comes into operation at the stage of taking cognizance. in respect of registration of FIR, therefore, FIR for an offence under Section 188 …

‘Police Can’t Pick and Choose Evidence’: Delhi HC Sets Aside Sessions Court Order in Chief Secy Assault Case
4 years, 5 months ago

‘Police Can’t Pick and Choose Evidence’: Delhi HC Sets Aside Sessions Court Order in Chief Secy Assault Case

News 18  

New Delhi: The Delhi High Court on Wednesday set aside a sessions court order rejecting the plea of Chief Minister Arvind Kejriwal and Deputy CM Manish Sisodia to provide the statement of one of the witnesses in the case related to alleged assault of then chief secretary Anshu Prakash in 2018. "Consequently, the trial court is directed to consider the …

Police Can't Register FIR For Offences Under Sections 172 To 188 IPC, Madras HC Quashes FIR Against Anti-CAA Protestor [Read Order]
4 years, 8 months ago

Police Can't Register FIR For Offences Under Sections 172 To 188 IPC, Madras HC Quashes FIR Against Anti-CAA Protestor [Read Order]

Live Law  

The Madras High Court has quashed an FIR registered against a person accused of protesting in the public road against the implementation of the Citizenship Amendment Act,2019 without getting prior permission from the concerned authority. He moved the High Court seeking to quash the FIR on the ground that according to Section 195 of the Code of Criminal Procedure, no …

Home Ministry expedites procedure to amend IPC, CrPC
5 years, 2 months ago

Home Ministry expedites procedure to amend IPC, CrPC

India TV News  

Aimed to curb heinous crimes like rape which have shaken the country on many occasions with brutal assaults on minor girls as well as on adult women, and to instil fear of law, the Union Home Ministry has expedited its procedure of seeking suggestions to amend the British-era Indian Penal Code and Code of Criminal Procedure. Once the opinion sought …

Victim Cannot Appeal Against Inadequate Sentence Under Section 372 of CrPC: Delhi HC [Read Judgment]
5 years, 4 months ago

Victim Cannot Appeal Against Inadequate Sentence Under Section 372 of CrPC: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has clarified the position of law on the right of the victim to file an appeal under section 372 of the Criminal Procedure Code. While denying the victim the right to move such an appeal, Justice Vibhu Bakhru went on to note that victim can invoke her right under proviso to section 372 of CrPC only in …

Prosecution For Offence Of "Waging War Against India" Will Not Stand Without Sanction U/S 196 CRPC: Allahabad Quashes Life Term Of Pak Citizen
5 years, 7 months ago

Prosecution For Offence Of "Waging War Against India" Will Not Stand Without Sanction U/S 196 CRPC: Allahabad Quashes Life Term Of Pak Citizen

Live Law  

The Allahabad High Court has held that prior government sanction under Section 196 of CrPC is mandatory to take cognizance of offences like Section 121-123 IPC and it thereby set aside the order of conviction and sentence of life imprisonment imposed on a Pakistani Jais-E-Mohommad Terrorist group member and another Indian citizen, for want of such sanction. Appellant's Contentions The …

Prosecution For Contempt Of Lawful Authority Of Public Servants And For Offences Against Public Justice And Offences Relating To Documents Given In Evidence
5 years, 9 months ago

Prosecution For Contempt Of Lawful Authority Of Public Servants And For Offences Against Public Justice And Offences Relating To Documents Given In Evidence

Live Law  

Offences pertaining to contempt of the lawful authority of public servants are dealt with under Sections 172 to 188 in Chapter X of the Indian Penal Code, 1860. In a case where the original Court has lodged a complaint before the appropriate Magistrate, just as in the case of a public servant acting under Section 195 Cr.P.C., the superior Court …

Conviction Can’t Be Set Aside If No Prejudice Has Been Caused To Accused By Non-Framing Of Charge: SC [Read Judgment]
6 years, 4 months ago

Conviction Can’t Be Set Aside If No Prejudice Has Been Caused To Accused By Non-Framing Of Charge: SC [Read Judgment]

Live Law  

‘A conviction for the substantive offence without a charge can be set aside only if the accused shows that prejudice has been caused to him and that “failure of justice” has occasioned thereby.’The Supreme Court has held that a conviction for the substantive offence without a charge can be set aside only if the accused shows that prejudice has been …

Punjab Cabinet approves amendments to CrPc, IPC to make damage of religious texts punishable with life imprisonment
6 years, 7 months ago

Punjab Cabinet approves amendments to CrPc, IPC to make damage of religious texts punishable with life imprisonment

Firstpost  

The government has taken a major step towards curbing such incidents and maintaining communal harmony in the state, an official spokesperson said. Chandigarh: The Punjab Cabinet on Tuesday approved amendments to the Indian Penal Code as well as the Code of Criminal Procedure to make sacrilege of religious texts punishable with life imprisonment. “The Cabinet has approved insertion of section …

Sec. 357(2) CrPC In No Manner Stays Sentence Of Fine During Pendency Of Appeal: SC [Read Judgment]
7 years ago

Sec. 357(2) CrPC In No Manner Stays Sentence Of Fine During Pendency Of Appeal: SC [Read Judgment]

Live Law  

At best sub-section of Section 357 CrPC is a provision which differs or withholds the utilisation of the amount of compensation the limitation of appeal elapses or if filed till it is decided.Elucidating the purpose and object of subsection of Section 357 of the Code of Criminal Procedure, the Supreme Court, in Satyendra Kumar Mehra v State of Jharkhand, has …

Sec. 357(2) CrPC In No Manner Stays Sentence Of Fine During Pendency Of Appeal: SC [Read Judgment]
7 years ago

Sec. 357(2) CrPC In No Manner Stays Sentence Of Fine During Pendency Of Appeal: SC [Read Judgment]

Live Law  

At best sub-section of Section 357 CrPC is a provision which differs or withholds the utilisation of the amount of compensation the limitation of appeal elapses or if filed till it is decided.Elucidating the purpose and object of subsection of Section 357 of the Code of Criminal Procedure, the Supreme Court, in Satyendra Kumar Mehra v State of Jharkhand, has …

Bar Of Want Of Sanction [U/S 195(1) (a) CrPC] Can't Be Invoked When Probe Is Ordered By HC: SC [Read Judgment]
7 years, 7 months ago

Bar Of Want Of Sanction [U/S 195(1) (a) CrPC] Can't Be Invoked When Probe Is Ordered By HC: SC [Read Judgment]

Live Law  

Once the High Court directs investigation into a specified offence mentioned in Section 195, bar under Section 195 cannot be pressed into service, the bench held.The Supreme Court, in CBI vs M Sivamani, has held that bar under Section 195 IPC cannot be pressed into service when an investigation is ordered by a high court into a specified offence mentioned …

Delhi HC Directs Tihar Jail To Ensure Reformation Through Education, Meditation, Counselling Etc. To Convict [Read Judgment]
7 years, 9 months ago

Delhi HC Directs Tihar Jail To Ensure Reformation Through Education, Meditation, Counselling Etc. To Convict [Read Judgment]

Live Law  

The High Court of Delhi on Tuesday reduced the sentence awarded to a murder convict, and issued a set of guidelines for his reformation and rehabilitation.The Bench comprising Acting Chief Justice Gita Mittal and Justice Anu Malhotra suggested several activities such as meditational therapy, educational opportunity, post release rehabilitation programme and adequate counselling, to ensure. The High Court of Delhi …

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