Punjab And Haryana HC Directs Police To Record 161 Statement Of Witnesses By Audio Video Means
5 years, 6 months ago

Punjab And Haryana HC Directs Police To Record 161 Statement Of Witnesses By Audio Video Means

Live Law  

The Punjab and Haryana High Court has directed all the investigating officers in the State of Punjab to record the statement under Section 161 Cr.P.C. • The State of Punjab is also directed that all the witnesses should be paid reasonable amount as travelling allowance on the date of recording of their statement and if the statement spills over to the next date, the boarding and lodging of the witnesses should be provided by the State Government from State Exchequer. • The State of Punjab is also directed that the material witnesses in heinous and sensitive matters are insured on short term or long term basis to enable them to fearlessly testify before the Court and also protecting their identity, changing their identity and relocating the witnesses. • The Police must have emergency contact numbers of witnesses, close protection for the witnesses, regular patrolling around the witness's house, escort to the Court and from the Court to their home with provision of Government vehicle or a State funded conveyance on the date of hearing The court also directed the trial Courts through State of Punjab to comply with mandate of Section 309 Cr.P.C.

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History of this topic

'Pained & Shocked' Over Trial Judge Who Held Witness Guilty For Taking Contradictory Stand: P&H HC Refers Matter To CJ, Recommends Training
2 months ago

'Pained & Shocked' Over Trial Judge Who Held Witness Guilty For Taking Contradictory Stand: P&H HC Refers Matter To CJ, Recommends Training

Live Law  

The Punjab & Haryana High Court has expressed shock over the conduct of a judge who held the witness guilty for giving false statement because he took a contradictory stand before the police and the Court. Justice Sanjeev Prakash Sharma and Justice Sanjay Vashishth said, "We are extremely pained and shocked by the manner by which the concerned Additional Sessions …

High Court Issues Notice On Plea For CBI Probe In Case Where Journalist Was Allegedly Beaten At Instance Of Punjab MLA
2 months ago

High Court Issues Notice On Plea For CBI Probe In Case Where Journalist Was Allegedly Beaten At Instance Of Punjab MLA

Live Law  

The Punjab & Haryana High Court has issued notice on plea seeking CBI probe in a case where a journalist was allegedly beaten and seriously injured on instance of sitting MLA of Punjab's Batala.Justice Mahabir Singh Sindhu while issuing notice granted interim-protection to the journalist stating that, "in the meanwhile, Respondent No.4-Senior Superintendent of Police, Police District. The Punjab & …

'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case
5 months, 1 week ago

'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case

Live Law  

The Allahabad High Court on Monday set aside the conviction and acquitted three men who were sentenced to life imprisonment for committing the offence of murder after noting that there were significant contradictions in the statements of eyewitnesses and police witnesses. “Considering the evidence and other material on record in its entirety, we are of the view that the learned …

Custodial Death, Encounter Killings In Punjab During 1984-1995: Decades-Old Incidents With No Eye-Witness, Initiation Of Investigation Not Feasible: CBI To High Court
8 months ago

Custodial Death, Encounter Killings In Punjab During 1984-1995: Decades-Old Incidents With No Eye-Witness, Initiation Of Investigation Not Feasible: CBI To High Court

Live Law  

The Central Bureau of Investigation has submitted today before the Punjab & Haryana High Court that investigation into the alleged 6,733 encounter killings, custodial death and illegal cremation of dead bodies in Punjab during the period of 1984-1995 is "not feasible" and will be a futile exercise.A division bench of Acting Chief Justice G.S. The Central Bureau of Investigation has …

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

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

Live Law  

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

High Court Issues Notices On Plea For Independent Probe Into Alleged Encounter Killings & Custodial Deaths In Punjab During 1984-1995
11 months ago

High Court Issues Notices On Plea For Independent Probe Into Alleged Encounter Killings & Custodial Deaths In Punjab During 1984-1995

Live Law  

The Punjab and Haryana High Court on Wednesday issued notices to CBI, Central government, Punjab government and the Director General of Punjab Police on a PIL seeking independent probe into alleged 6,733 encounter killings, custodial death and illegal cremation of dead bodies in Punjab during the period of 1984-1995.A division bench of Acting Chief Justice G.S. The Punjab and Haryana …

S.319 CrPC | Supreme Court Affirms Summon Orders Against Police Officials Accused Of Corruption; Finds Prima Facie Case
11 months, 4 weeks ago

S.319 CrPC | Supreme Court Affirms Summon Orders Against Police Officials Accused Of Corruption; Finds Prima Facie Case

Live Law  

The Supreme Court recently upheld an application under Section 319 of the Code of Criminal Procedure, 1973 filed against the police officials accused of corruption. While doing so, the Top Court affirmed the Trial Court as well as the impugned order of the Punjab and Haryana High Court, summoning the police officials. The Division Bench of Justices Vikram Nath and …

CCTV Captures Assault On Jail Inmate | Punjab & Haryana High Court Summons ADGP For Denying Incident By Filing 'False Affidavit'
1 year ago

CCTV Captures Assault On Jail Inmate | Punjab & Haryana High Court Summons ADGP For Denying Incident By Filing 'False Affidavit'

Live Law  

The Punjab & Haryana High Court has summoned the Additional Director General of Police, Prisons, Punjab as well as the Deputy Inspector General of Prisons for filing a "prima facie" false affidavit before the Court, wherein it stated that an inmate "was neither beaten nor he suffered any injury. The Punjab & Haryana High Court has summoned the Additional Director …

Punjab & Haryana High Court Dismisses Plea To Preserve Police Officer's Call Records, Says Can't Breach His Privacy For Creating Evidence
1 year, 2 months ago

Punjab & Haryana High Court Dismisses Plea To Preserve Police Officer's Call Records, Says Can't Breach His Privacy For Creating Evidence

Live Law  

The Punjab & Haryana High Court recently dismissed a plea to preserve the call records of a police officer who arrested the petitioner in the NDPS Act observing that for the possibility of creating evidence in favour of the accused, it cannot go to the extent of breaching privacy of a police officer.Justice Rajbir Sehrawat added that just to give …

Local Manipur magistrates to record statements of witnesses/victims in 27 CBI cases: SC
1 year, 3 months ago

Local Manipur magistrates to record statements of witnesses/victims in 27 CBI cases: SC

The Hindu  

The Supreme Court on September 15 clarified that the local magistrates nominated by the Acting Chief Justice of Manipur High Court will record the statements of witnesses and victims in 27 cases connected to the Manipur ethnic violence which were transferred to the CBI. The apex court order in August had said the statements under Section 164 of the Code …

Section 202(1) CrPC - Magistrate Has To Examine Witnesses Named In The Complaint Before Dismissing The Complaint U/Sec 203 CrPC : Supreme Court
1 year, 5 months ago

Section 202(1) CrPC - Magistrate Has To Examine Witnesses Named In The Complaint Before Dismissing The Complaint U/Sec 203 CrPC : Supreme Court

Live Law  

The Supreme Court observed that a Magistrate CrPC) has to consider the statements of the complainant and his witnesses before dismissing the complaint under Section 203 CrPC.In this case, a complaint was filed before the Magistrate against an accused alleging offences punishable under Sections 323, 342, 500, 504, 506, 295-A, 298, 427. The Supreme Court observed that a Magistrate CrPC) …

S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court
1 year, 9 months ago

S.311 CrPC Asserts Power Of Courts To Recall & Summon Witnesses Even After Closure Of Evidence In Criminal Proceedings: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently reiterated that power of the court under Section 311 CrPC to recall any witness or witnesses already examined or to summon any witness can be invoked even if the evidence in both sides is closed, so long as the court retains seisin of the criminal proceedings. The High Court observed …

Supreme Court Stays HC Order To Punjab Police To Probe Alleged Illegalities In Chandigarh Police's Arrest Of Dentist
1 year, 9 months ago

Supreme Court Stays HC Order To Punjab Police To Probe Alleged Illegalities In Chandigarh Police's Arrest Of Dentist

Live Law  

The Supreme Court on Friday issued notice on a plea by the union territory of Chandigarh against Punjab and Haryana High Court’s direction to the Punjab police to probe allegations against Chandigarh police of illegalities in the arrest of a city dentist last year. A division bench of Justices AS Bopanna and Hima Kohli also stayed the state high court's …

Application To Recall Witness U/S 311 CrPC Can Be Allowed In Court's Discretion At Any Stage Of Trial, Even After Closing Evidence: Madhya Pradesh HC
1 year, 11 months ago

Application To Recall Witness U/S 311 CrPC Can Be Allowed In Court's Discretion At Any Stage Of Trial, Even After Closing Evidence: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court at Indore recently, while dismissing a petition filed challenging an order recalling a witness, reiterated that if the conditions under Section 311 of CrPC are satisfied, the Court can recall a witness at any stage of the trial, even after closing prosecution evidence.Justice Vijay Kumar Shukla observed that,It is crystal clear that the Court has …

Can Written Statements Of Witnesses Be Considered To Be Statements Duly Recorded U/S 161 CrPC?: Allahabad HC Answers
2 years ago

Can Written Statements Of Witnesses Be Considered To Be Statements Duly Recorded U/S 161 CrPC?: Allahabad HC Answers

Live Law  

Recently, the Allahabad Hih Court has explained as to when the written statements of the witnesses could be considered to be statements duly recorded under Section 161 of CrPC.The bench of Justice Saurabh Shyam Shamshery observed that if the written statement has been submitted by the witness himself to the Investigating Officer and the IO assures. Recently, the Allahabad Hih …

UP Govt Takes A Slew Of Decisions To Reform, Improve Investigation System, Assures Allahabad HC Of Implementing Them In 2 Months
2 years, 4 months ago

UP Govt Takes A Slew Of Decisions To Reform, Improve Investigation System, Assures Allahabad HC Of Implementing Them In 2 Months

Live Law  

The Uttar Pradesh Government has informed the Allahabad High Court that it has taken some significant decisions to improve and reform the police investigation system. The decision was taken in a meeting convened on August 26, 2022, under the Chairmanship of Additional Chief Secretary, Government of Uttar Pradesh.The government has also assured the High Court that the decision taken by. …

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates
2 years, 5 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 …

S.145 Evidence Act | Attention Of Witness Must Be Drawn To Previous Statement If It Is To Be Used For Purpose Of Contradicting Him: P&H High Court
2 years, 7 months ago

S.145 Evidence Act | Attention Of Witness Must Be Drawn To Previous Statement If It Is To Be Used For Purpose Of Contradicting Him: P&H High Court

Live Law  

The Punjab and Haryana High Court while dealing with an appeal filed by three appellants against the order whereby they were convicted for robbery, held that if the witness was not confronted with that part of the statement with which the defense wanted to contradict him, then the Court cannot suo moto use the statements to prove compliance with Section …

Statement Of Witness Recorded U/S 161 CrPC Is Only For Confrontation In Cross-Examination, Does Not Fall Within Ambit Of Evidence: Allahabad HC
2 years, 10 months ago

Statement Of Witness Recorded U/S 161 CrPC Is Only For Confrontation In Cross-Examination, Does Not Fall Within Ambit Of Evidence: Allahabad HC

Live Law  

"It is crystal clear in the catena of judgement that statement of the witness recorded under Section 161 Cr.P.C. The statement of witness recorded under Section 161 Cr.P.C., being wholly, inadmissible in evidence, cannot be taken into consideration," the Allahabad High Court has held recently. The Bench noted that in reaching the conclusion of guilt, the trial Court had relied …

Power U/S 311 CrPC For Recall Of Witnesses: Allahabad High Court Explains
2 years, 10 months ago

Power U/S 311 CrPC For Recall Of Witnesses: Allahabad High Court Explains

Live Law  

The Allahabad High Court has rejected an application filed under Section 482 of CrPC seeking to quash an order of the Additional Sessions Judge, Deoria rejecting two applications filed by the Applicant/accused under Section 311 of CrPC for recall of two prosecution witnesses.While doing so, Justice Sanjay Kumar Pachori shed light on the applicability of Section 311 CrPC. The Allahabad …

[CCTVs In Police Stations] Punjab, Haryana Submit Timeline In High Court To Implement Supreme Court's Order
2 years, 10 months ago

[CCTVs In Police Stations] Punjab, Haryana Submit Timeline In High Court To Implement Supreme Court's Order

Live Law  

The Punjab and Haryana States have submitted a timeline in the Punjab and Haryana High Court to implement the order of the Supreme Court in Paramvir Singh Saini v. Baljit Singh and others, wherein, the State and Union Territory Governments were directed by the Apex Court CCTVto ensure that CCTV cameras are installed in each and every Police Station functioning …

Entire Police Station Including Interrogation Rooms Need To Be Under CCTV Coverage As Per SC's Order: High Court To Punjab, Haryana DGPs
2 years, 11 months ago

Entire Police Station Including Interrogation Rooms Need To Be Under CCTV Coverage As Per SC's Order: High Court To Punjab, Haryana DGPs

Live Law  

The Punjab and Haryana High Court has made it clear that as per the directions of the Supreme Court, no part of the police stations should be left uncovered by CCTV surveillance and this CCTV Coverage would necessarily include the interrogation rooms. The Bench of Justice Amol Rattan Singh observed thus as it sought the response of DGP, Haryana, the …

Examining The Accused And Recording Their Statement Under S.313 CrPC: Karnataka High Court Issues Directions For Trial Courts To Follow
3 years, 2 months ago

Examining The Accused And Recording Their Statement Under S.313 CrPC: Karnataka High Court Issues Directions For Trial Courts To Follow

Live Law  

The Karnataka High Court recently issued guidelines to be followed by trial court judges while examining the accused and recording his statement under Section 313 of the Criminal Procedure Code. Sometimes, a witness may give evidence as regards the collective overt act of two or more accused and in that event, a single question may be framed, but each accused …

Scope And Ambit Of Powers Of Court Under Section 319 CrPC: Supreme Court Summarizes Principles
3 years, 4 months ago

Scope And Ambit Of Powers Of Court Under Section 319 CrPC: Supreme Court Summarizes Principles

Live Law  

The Supreme Court, in a judgment delivered on Tuesday, summarized the scope and ambit of the powers of the Court under Section 319 of the Code of Criminal Procedure.Even in a case where the stage of giving opportunity to the complainant to file a protest petition urging upon the trial Court to summon other persons as well as who were …

Book Investigating Officers Who Fail To Secure CCTV Footage In Criminal Cases: Punjab and Haryana High Court Directs Haryana DGP
4 years ago

Book Investigating Officers Who Fail To Secure CCTV Footage In Criminal Cases: Punjab and Haryana High Court Directs Haryana DGP

Live Law  

The Punjab & Haryana High Court last week directed the DGP, Haryana State to ensure that in every case where any CCTV footage is claimed to be available, copies of the same are obtained from the source along with requisite certificate under Section 65B of the Indian Evidence Act, 1872. Case before the Court The direction was issued by the …

‘Police Can’t Pick and Choose Evidence’: Delhi HC Sets Aside Sessions Court Order in Chief Secy Assault Case
4 years, 2 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 …

Submit FIR Details Against All Serving Police Officers In The State Including Their Nature And Status: P&H HC [Read Order]
4 years, 3 months ago

Submit FIR Details Against All Serving Police Officers In The State Including Their Nature And Status: P&H HC [Read Order]

Live Law  

The Punjab and Haryana High Court on Thursday asked for details of the FIRs registered against all serving police officers in the State of Punjab including their nature and status. The Single Bench of Justice Anupinder Singh Grewal also asked the State, through its home secretary, to specify the current posting of such officers. It may be noted that Punjab …

Audio Video Recording Of Examination of Witnesses By Police U/S 161CrPC And Installation Of CCTV Cameras In Police Stations: SC Issues Notice To Home Ministry [Read Order]
4 years, 5 months ago

Audio Video Recording Of Examination of Witnesses By Police U/S 161CrPC And Installation Of CCTV Cameras In Police Stations: SC Issues Notice To Home Ministry [Read Order]

Live Law  

The Supreme Court on Thursday issued notice on a petition seeking implementation of audio-video recording of witness statements recorded by a Police officer under Section 161 CrPC. The court was hearing a SLP moved by one Paramvir Singh Saini, inter alia, raising larger questions, viz., audio-video recordings of statements and the installation of CCTV cameras in police stations generally. The …

Delhi HC Issues Directions For Streamlining The Recording of Victims/Witnesses Testimonies Of Foreign Nationals [Read Judgment]
4 years, 10 months ago

Delhi HC Issues Directions For Streamlining The Recording of Victims/Witnesses Testimonies Of Foreign Nationals [Read Judgment]

Live Law  

Highlighting the importance of efficient recording of witness testimonies in a criminal trial, the Delhi High Court has issued a series of directions for collecting the evidence given by victims/witnesses, who are foreign nationals, in cases of sexual assault.The Division Bench of Justice Manmohan and Justice Sangita Dhingra Sehgal has issued directions to the Delhi Government, Delhi. Highlighting the importance …

At The Stage Of Framing Of Charges, It Is Not Necessary To Evaluate Evidence Collected By IO:Allahabad HC [Read Order]
5 years, 1 month ago

At The Stage Of Framing Of Charges, It Is Not Necessary To Evaluate Evidence Collected By IO:Allahabad HC [Read Order]

Live Law  

The Allahabad High Court on Wednesday reiterated that at the stage of framing of charges, the trail court has to merely ascertain the existence of a prima facie case against the accused and that it is not required to assess all the evidence that has been collected by the Investigating Officer. The observation was made in an application filed by …

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-II]
5 years, 9 months ago

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-II]

Live Law  

Read the First Part Here PART-II STAGE AT WHICH A "CONFESSION" OR "STATEMENT" CAN BE RECORDED 7. E. HOW TO RECORD A "CONFESSION" UNDER SECTION 164 Cr.P.C.? Let us now consider the modalities of recording the "confession" of an accused person by a Magistrate under Section 164 Cr.P.C. Instances of judicial confession during trial are when the "substance of accusation" …

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