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 caused to him and that “failure. ‘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 caused to him and that “failure of justice” has occasioned thereby. Perusing the charge sheet filed in this case, the bench said though specific charge under Section 302 read with Section 34 IPC was not framed, the gist of the charge sheet filed against the accused clearly shows that the accused has been charged for the offence under Section 302. It is also to be pointed out that the appellant has not raised the objection as to nonframing of charges at the earliest point of time namely the trial court and the first appellate court - High Court.” The court also noted that accused did not raise any grievance before the high court as to non-framing of charge under Section 302 read with Section 34 IPC and that it has caused prejudice to him, but his counsel had contended that the accused ought not to have been convicted by invoking the principle of vicarious liability enshrined by Section 34 IPC.

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History of this topic

Unless Acts Constituting Both Abetment & Cruelty Are Set Out In Charge U/S 306 IPC, Conviction U/S 498A Can't Be Sustained: P&H High Court
1 week ago

Unless Acts Constituting Both Abetment & Cruelty Are Set Out In Charge U/S 306 IPC, Conviction U/S 498A Can't Be Sustained: P&H High Court

Live Law  

The Punjab & Haryana High Court has made it clear that unless the specific acts constituting both abetment and cruelty are explicitly set out in the charge under Section 306 IPC, a conviction under Section 498-A cannot be sustained in the absence of a separate charge of any specific charge for such offence. Justice Harpreet Singh Brar said, “an offence …

Can’t award damages for wrongful custody while hearing bail pleas: SC
2 weeks ago

Can’t award damages for wrongful custody while hearing bail pleas: SC

Hindustan Times  

The Supreme Court has ruled that courts cannot order compensation while adjudicating a bail plea because they lack the jurisdiction to do so in bail proceedings. The bench found substance in NCB’s appeal, and made it clear that the high court exceeded its jurisdiction under Section 439 CrPC, which governs bail matters. The bench, however, found substance in NCB’s appeal, …

SC strengthens legal protection in appeal cases
3 weeks, 2 days ago

SC strengthens legal protection in appeal cases

Hindustan Times  

Reaffirming the fundamental principle that “bail is the rule, and jail is the exception,” the Supreme Court on Friday ruled that an individual acquitted by a trial court must be released on bail when a high court reviews the acquittal order. The ruling came while setting aside two orders of the Delhi high court that stayed a discharge order in …

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

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

Live Law  

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

S. 319 CrPC | Degree Of Satisfaction To Summon Additional Accused Must Be Higher Than The Standards Required At Framing Of Charges Stage: Allahabad HC
2 months ago

S. 319 CrPC | Degree Of Satisfaction To Summon Additional Accused Must Be Higher Than The Standards Required At Framing Of Charges Stage: Allahabad HC

Live Law  

The Allahabad High Court has observed that after the commencement of the trial, the degree of satisfaction required to be recorded by the trial court while summoning any other person as an additional accused under Section 319 CrPC should be more than the standards needed for the stage of framing of charges. However, during the trial, when the prosecution had …

[S.354 IPC] Tripura High Court Sets Aside Conviction Citing Lack Of Evidence, Says IO Didn't Collect Injury Report
2 months, 1 week ago

[S.354 IPC] Tripura High Court Sets Aside Conviction Citing Lack Of Evidence, Says IO Didn't Collect Injury Report

Live Law  

The Tripura High Court recently set aside the conviction and sentence imposed by a Trial Court under Section 354 of IPC against an accused on the ground that the ingredients of the offence of using 'criminal force or assault' upon the victim could not be established by the prosecution. The single-judge bench of Justice Biswajit Palit observed: “….in absence of …

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 …

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case
5 months ago

Can't Be Given Chance to Discredit Prosecution Documents: Supreme Court Rules in 294 CrPC Case

Live Law  

The Supreme Court has ruled that when a defence admits the genuineness of prosecution documents and dispenses with its formal proof, then such evidence may be read as substantive evidence under Section 294 of Cr.P.C. The court held that the defence's admission of the documents could not be used to discredit the prosecution's story, as the prosecution had already supported …

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

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

Live Law  

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

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court
10 months, 2 weeks ago

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court

Live Law  

The Supreme Court on Wednesday held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him. Affirming the decision of the High Court and Trial Court, the bench comprising Justices BR Gavai and Sandeep Mehta declined to aside the conviction of the accused merely because …

Supreme Court Mulls Framing Guidelines For Trial Against Accused With Hearing & Speech Disabilities
11 months ago

Supreme Court Mulls Framing Guidelines For Trial Against Accused With Hearing & Speech Disabilities

Live Law  

In a significant development, the Supreme Court observed that it has yet to establish guidelines for conducting trials against accused with hearing and speech disabilities. “However, it is brought to our notice that this Court has not laid down so far the parameters and guidelines for conducting trial against a deaf-and-dumb accused, who is otherwise of sound mind and medically …

Accused Cannot Invoke S.91 CrPC To Compel Prosecution To Produce Things At The Stage Of Framing Of Charge: Supreme Court
1 year, 1 month ago

Accused Cannot Invoke S.91 CrPC To Compel Prosecution To Produce Things At The Stage Of Framing Of Charge: Supreme Court

Live Law  

Recently, the Supreme Court observed that the courts cannot issue processes under Section 91 of the Code of Criminal Procedure to compel the production of things/documents based on the application made by the accused at the stage of framing of charges. The short question before the Supreme Court was whether the accused could file an application for the production of …

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

'Material Circumstances Not Put To Accused Under S.313 CrPC' : Supreme Court Overturns Conviction In NDPS Act Case After 22 Years
1 year, 3 months ago

'Material Circumstances Not Put To Accused Under S.313 CrPC' : Supreme Court Overturns Conviction In NDPS Act Case After 22 Years

Live Law  

The Supreme Court recently overturned the conviction of an appellant in a case related to contraband possession due to procedural irregularities. The court held that the failure to put material circumstances while examining the appellant under Section 313 of the Code of Criminal Procedure was a serious and material illegality. According to us, it is a serious and material illegality …

Court Trying The Offence Best Suited To Alter Or Modify Charges Already Framed At An Appropriate Stage: Madhya Pradesh High Court
1 year, 4 months ago

Court Trying The Offence Best Suited To Alter Or Modify Charges Already Framed At An Appropriate Stage: Madhya Pradesh High Court

Live Law  

Observing that the trial court is best placed to alter or modify charges at an appropriate stage, Madhya Pradesh High Court refused to interfere in the trial court’s order that framed charges against an accused under Section 304 of IPC instead of Section 304-A IPC. The single-judge bench of Justice Pranay Verma added that the petitioner/accused would not be put …

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC
1 year, 5 months ago

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC

Live Law  

The Patna High Court has set aside a 27 year old rioting and murder convictions qua six persons, while underscoring the significance of conducting a thorough and impartial inquiry of the accused as per Section 313 of the Cr.P.C. Therefore, while examining the accused, trial Court should be mindful of the object underlying this provision.” “the non-examination of the Investigating …

Section 319 CrPC | Merits Of Evidence Has To Be Appreciated Only During Trial; Not At Stage Of Summoning Accused : Supreme Court
1 year, 7 months ago

Section 319 CrPC | Merits Of Evidence Has To Be Appreciated Only During Trial; Not At Stage Of Summoning Accused : Supreme Court

Live Law  

The Supreme Court observed that the merits of the evidence has to be appreciated only during trial and not at the stage of Section 319 CrPC.In this case, an application under Section 319 CrPC was moved before the Trial Court and the same was allowed. The Supreme Court observed that the merits of the evidence has to be appreciated only …

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused
1 year, 8 months ago

Jammu & Kashmir High Court Sets Aside Rape Conviction After 17 Yrs, Says Non-Compliance With Section 313 CrPC Prejudiced Accused

Live Law  

While setting aside a rape conviction handed down 17 years ago, the Jammu & Kashmir and Ladakh High Court highlighted a crucial failure on the part of the Trial Court to adhere to the mandatory procedure outlined in Section 313 of the Criminal Procedure Code. It emphasized that convicting the appellant-accused solely based on incriminating evidence, without providing an opportunity …

Supreme Court Laments Trial Judges Not Using Section 313(5) CrPC; Asks Judicial Academies To Take Notice
1 year, 10 months ago

Supreme Court Laments Trial Judges Not Using Section 313(5) CrPC; Asks Judicial Academies To Take Notice

Live Law  

The Supreme Court recently opined that while recording the statement under Section 313 of CrPC in cases involving a large number of prosecution witnesses, the Judicial Officers should take benefit of Section 313 of CrPC, which will ensure that the chances of committing errors and omissions are minimized. "While recording the statement under Section 313 of CrPC in cases involving …

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, 2 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 …

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

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

Live Law  

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

Section 482 CrPC - Complaint Deserves To Be Quashed If If No Offence Is Made Out By A Careful Reading Of It : Supreme Court
2 years, 6 months ago

Section 482 CrPC - Complaint Deserves To Be Quashed If If No Offence Is Made Out By A Careful Reading Of It : Supreme Court

Live Law  

The Supreme Court reiterated that a criminal complaint has to be quashed if if no offence is made out by a careful reading of the complaint.When the complaint itself disclosed nothing more than a commercial relationship which broke, it is not possible to enlarge the scope of his complaint by merely adding the language used in the text of the …

Suspicion However Strong Cannot Be Ground For Conviction : Supreme Court Acquits Murder Accused
2 years, 7 months ago

Suspicion However Strong Cannot Be Ground For Conviction : Supreme Court Acquits Murder Accused

Live Law  

An accused cannot be convicted on the ground of suspicion, no matter how strong it is, the Supreme Court reiterated while acquitting an accused in a murder case.In this case, the accused Ram Niwas was accused of murder of one Dalip Singh. The bench, referred to Sharad Birdhichand Sarda vs. State of Maharashtra 4 SCC 116, and observed: This Court …

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 …

Omission In Framing Of Charge Not Fatal By Itself Unless Prejudice Caused To Accused: Madras High Court
2 years, 8 months ago

Omission In Framing Of Charge Not Fatal By Itself Unless Prejudice Caused To Accused: Madras High Court

Live Law  

The Madras High Court recently imposed a penalty upon a company for allotting shares in violation of the Securities and Exchange Board of India Act, 1992 and opined that though the charge was not separately framed under Section 24, the penalty was imposed by the authority keeping in mind the ingredients of the section. However, Section 24 being an offence …

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court
2 years, 9 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 …

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 …

Change Of Counsel Not Ground To Recall Witnesses U/S 311 CrPC: Madhya Pradesh High Court
3 years ago

Change Of Counsel Not Ground To Recall Witnesses U/S 311 CrPC: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently dismissed a criminal revision, whereby the Applicant was praying for re-examination of witnesses in a trial, holding that change of counsel cannot be a ground for recall of the witnesses. Furthermore, it noted that if the Applicant felt that his previous Counsel had indulged in professional misconduct, he should report the same …

Discrepancies Between FIR And Subsequent Statement Under Section 164 CrPC Not A Ground For Discharge : Supreme Court
3 years, 1 month ago

Discrepancies Between FIR And Subsequent Statement Under Section 164 CrPC Not A Ground For Discharge : Supreme Court

Live Law  

The Supreme Court observed that discrepancies between the FIR and any subsequent statement under Section 164 of the CrPC cannot be a ground for discharge without initiation of trial.Such discrepancies may be a defence during the trial, the bench comprising Justices Indira Banerjee and JK Maheshwari noted.In this case, a charge sheet was filed implicating the accused under various sections …

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 …

'Strong Suspicion' Of Prima Facie Case Based On Materials On Record Sufficient To Frame Charges; Need Not Assess Probative Value Of Evidence: Delhi HC
3 years, 1 month ago

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

Live Law  

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

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

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

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

Live Law  

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

Co-Accused Being Not Chargesheeted No Ground To Quash Proceedings Against Accused Who Is Chargesheeted After A Thorough Investigation: Supreme Court
3 years, 3 months ago

Co-Accused Being Not Chargesheeted No Ground To Quash Proceedings Against Accused Who Is Chargesheeted After A Thorough Investigation: Supreme Court

Live Law  

A bench of Justice B.V. Nagarathna and Justice M.R. Shah have recently observed in a case dealing with criminal conspiracy to cheat a bank and induce dishonest delivery of property, that "merely because some other persons who might committed the offences, but were not arrayed as accused and were not charge-sheeted cannot be a ground to quash the criminal proceedings …

Plea Of Bias Can't Be Taken After Participating In Selection Process With Knowledge About Composition Of Panel : Supreme Court
3 years, 4 months ago

Plea Of Bias Can't Be Taken After Participating In Selection Process With Knowledge About Composition Of Panel : Supreme Court

Live Law  

While rejecting the challenge against the appointment of Dinkar Gupta IPS as the Punjab Director General of Police in 2019, the Supreme Court observed that a person can't take the plea of bias after having participated in the selection process with full knowledge about the composition of the selection panel.In this case, the appellant officer, who challenged the DGP's appointment, …

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 …

SC Upholds Rejection Of Candidature Of A District Judge Aspirant Who Was Later Acquitted In Criminal Case U/s 498A IPC [Read Judgment]
4 years, 5 months ago

SC Upholds Rejection Of Candidature Of A District Judge Aspirant Who Was Later Acquitted In Criminal Case U/s 498A IPC [Read Judgment]

Live Law  

The Supreme Court has dismissed plea of a District Judge aspirant whose candidature was on the ground of pendency of a criminal case under Section 498A IPC filed by his wife.The mere fact that subsequently after more than a year when the person whose candidature has been cancelled has been acquitted cannot be a ground to turn the clock backward, …

Circumstances Not Put To An Accused Under Section 313 CrPC Cannot Be Used Against Him: SC [Read Judgment]
4 years, 5 months ago

Circumstances Not Put To An Accused Under Section 313 CrPC Cannot Be Used Against Him: SC [Read Judgment]

Live Law  

The circumstances not put to an accused under Section 313 of the Code of Criminal Procedure cannot be used against him, and must be excluded from consideration, the Supreme Court has observed.While acquitting a rape accused, the bench headed by Justice RF Nariman reemphasized the importance of putting all relevant questions to an accused under Section 313 Code of. While …

Reference To Character, Criminal Antecedents Paramount In Selection Of Police Personnel, Lest Every Possibility Of Another Incident Like Sathankulam: Madras HC [Read Order]
4 years, 6 months ago

Reference To Character, Criminal Antecedents Paramount In Selection Of Police Personnel, Lest Every Possibility Of Another Incident Like Sathankulam: Madras HC [Read Order]

Live Law  

Asserting that in the selection of police personnel, reference to the character, antecedents, criminal case, etc. of the candidate is of paramount significance, the Madras High Court recently warned that otherwise "there is every possibility of one more incident like that of Sathankulam, Tuticorin District", where an Inspector and his team were alleged to be a root cause for the …

Criminal Prosecution On Same Allegations Cannot Continue If Exoneration In Departmental Proceedings Is On Merits: SC [Read Judgment]
4 years, 6 months ago

Criminal Prosecution On Same Allegations Cannot Continue If Exoneration In Departmental Proceedings Is On Merits: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that, in case of exoneration in departmental proceedings on merits and where the allegation is found to be not sustainable at all and the person held innocent, criminal prosecution on the same set of facts and circumstances cannot be allowed to continue.Standard of proof in a departmental proceeding, being based on preponderance of probability is …

Statement U/s 161 CrPC Inadmissible In Evidence And Cannot Be Relied Upon For Conviction: SC [Read Judgment]
5 years ago

Statement U/s 161 CrPC Inadmissible In Evidence And Cannot Be Relied Upon For Conviction: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that a statement recorded under Section 161 of the Code of Criminal Procedure is inadmissible in evidence and cannot be relied upon or used to convict the accused. While setting aside a concurrent conviction in a murder case, the bench of Justices Ashok Bhushan and MR Shah observed that a statement recorded under Section 161 …

Criminal Trial : Delhi HC Sets Aside Trial Court Order Which Misread Direction For 'Addition' Of Charge As 'Replacement' Of Charge
5 years ago

Criminal Trial : Delhi HC Sets Aside Trial Court Order Which Misread Direction For 'Addition' Of Charge As 'Replacement' Of Charge

Live Law  

Through a significant ruling, the Delhi High Court has clarified that there is a difference between "addition" of charge and "alteration" of charge under Section 216 of CrPC. The order passed by Justice Manoj Kumar Ohri states that when the High Court had, in a criminal revision petition, directed the trial court to add the charge under Section 304B of …

[Section 216 CrPC] Court Can Add Or Alter Charges At Any Time, Even After Reserving Judgment: SC [Read Judgment]
5 years, 2 months ago

[Section 216 CrPC] Court Can Add Or Alter Charges At Any Time, Even After Reserving Judgment: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a trial court to exercise its powers of altering or adding charges under section 216 of the Code of Criminal Procedure even after the completion of evidence, arguments and reserving of the judgment. Thereafter, Public Prosecutor filed an application under Section 216 of CrPC for alteration of charge stating that even though an additional …

313 CrPC-False Explanation By Accused Can't Be Used To Complete The Chain Of Circumstances To Establish His Guilt: SC [Read Judgment]
5 years, 7 months ago

313 CrPC-False Explanation By Accused Can't Be Used To Complete The Chain Of Circumstances To Establish His Guilt: SC [Read Judgment]

Live Law  

The Supreme Court has observed that non-explanation or false explanation by an accused in his statement under Section 313 CrPC cannot be taken as a circumstance to complete the chain of circumstances to establish the guilt of the accused.However, in this case, the bench comprising Justice Deepak Gupta and BR Gavai took into account the false explanation given by the …

Taking Cognizance Under MCOC Act Does Not Automatically Enable Court To Frame Charges Against Accused : Bombay HC [Read Judgment]
6 years ago

Taking Cognizance Under MCOC Act Does Not Automatically Enable Court To Frame Charges Against Accused : Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently held that merely because cognizance of a complaint under the Maharashtra Control of Organised Crimes Act, 1999 is taken, it does mean that the concerned trial court or special court designated under the MCOC Act can frame charges against the accused under the said Act. Special MCOC Judge relied on the judgment of the high …

Mere Contradictions In Witness' Statements Insufficient To Attract Perjury: Bombay HC [Read Judgment]
6 years, 1 month ago

Mere Contradictions In Witness' Statements Insufficient To Attract Perjury: Bombay HC [Read Judgment]

Live Law  

The High Court of Bombay has recently held that mere contractions in the statement of the witness cannot be the sole ground for conviction for perjury and the objectionable statements have to be perused as a whole to determine if the false statement was given willfully and knowingly.Justice S.M. The High Court of Bombay has recently held that mere contractions …

Proof Of 'Common Intention' Necessary To Alter Conviction From Section 149 IPC To Section 34 IPC: SC [Read Judgment]
6 years, 1 month ago

Proof Of 'Common Intention' Necessary To Alter Conviction From Section 149 IPC To Section 34 IPC: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, while convicting accused by altering charge from Section 149 IPC to Section 34 IPC, their 'common intention' should be proved. Whether the High Court was justified in convicting the appellants under Section 302 read with Section 34 IPC when, in fact, the initial trial was on the basis of a charge under Section 302 …

Accused Who Did Not Appear On The Date Of Judgment Not Entitled To Seek Judgment Copy As Of Right: SC
6 years, 1 month ago

Accused Who Did Not Appear On The Date Of Judgment Not Entitled To Seek Judgment Copy As Of Right: SC

Live Law  

The Supreme Court has observed that, an accused who did not appear before the Court on the date of judgment cannot as of right seek for supply of the copy of the judgment. Section 363 of the Code of Criminal Procedure provides that on being convicted, the accused is entitled to a copy of the judgment free of cost. entitling …

‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]
6 years, 3 months ago

‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]

Live Law  

‘Though it has nothing to do with the present criminal case, had this been brought to my notice, I would surely have recused myself then and there and not taken up the matter during vacation.’Justice Protik Prakash Banerjee of the Calcutta High Court has recalled an order he passed in a criminal revision petition on the ground that the co-accused …

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