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 accused as it noted that. 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 accused as it noted that the finding of guilt has been already recorded on the basis of other circumstances. In this context, the bench said: No doubt, that non-explanation or false explanation by appellant cannot be taken as a circumstance to complete the chain of circumstances to establish the guilt of the appellant.

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History of this topic

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal
2 weeks ago

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal

Live Law  

" This we need to keep in mind that the statement of the witnesses recorded in course of the investigation under Section 161 of the Code of Criminal Procedure cannot be a basis to convict the accused and that too for a serious offence of murder. Upholding a 1991 acquittal order of the sessions court, the Rajasthan High Court said …

Portion Of S.161 CrPC Statement Used To Contradict Witness Must Be Proved Through Investigating Officer & Marked: Supreme Court
1 month, 1 week ago

Portion Of S.161 CrPC Statement Used To Contradict Witness Must Be Proved Through Investigating Officer & Marked: Supreme Court

Live Law  

The Supreme Court on Thursday set aside the conviction under Section 302 IPC of a man after noting that the trial court failed to follow the proper procedure for contradicting the prosecution witnesses in their cross-examination with their previously recorded Section 161 Cr.P.C. A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan held that the trial court erred by …

S.482 CrPC | Criminal Proceedings Can Be Quashed Based On Witness Statements Only In Rare Circumstances To Avoid Injustice: Karnataka HC
1 month, 2 weeks ago

S.482 CrPC | Criminal Proceedings Can Be Quashed Based On Witness Statements Only In Rare Circumstances To Avoid Injustice: Karnataka HC

Live Law  

“ Such consideration of quashment of the proceedings, relying on the statement under Section 161 of the Cr.P.C. A single judge bench Justice M Nagaprasanna, which obliterated the cognizance order taken by Magistrate and remitted the matter back for fresh consideration said, The Karnataka High Court on Friday, while refusing to quash the proceeding initiated against former Chief Minister B …

Rape Survivor's S. 164 CrPC Statement Before Magistrate Is On Higher Pedestal Than Statement Recorded By IO U/S 161 CrPC: Allahabad HC
1 month, 3 weeks ago

Rape Survivor's S. 164 CrPC Statement Before Magistrate Is On Higher Pedestal Than Statement Recorded By IO U/S 161 CrPC: Allahabad HC

Live Law  

The Allahabad High Court has observed that the statement made by a rape survivor under Section 164 CrPC before the Magistrate stands on a high pedestal, and a sanctity is attached to such statement recorded during the course of the investigation than that of her statement recorded under Section 161 CrPC by the Investigating Officer. Essentially, the Magistrate Court had …

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 bench comprising Justices Vikram Nath and Prasanna B. Varale said that after the prosecution's documents were admitted under Section 294 Cr.P.C. by the defence …

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 …

Conviction Cannot Be Based On Suspicion : Supreme Court Acquits Accused In 15 Yr Old Murder Case
1 year, 1 month ago

Conviction Cannot Be Based On Suspicion : Supreme Court Acquits Accused In 15 Yr Old Murder Case

Live Law  

While deciding the issue whether suspicious sole recovery of blood-stained weapon could form the basis of conviction, the Supreme Court on Wednesday held in negative by holding that sole circumstance of recovery of blood-stained weapon cannot form the basis of conviction unless the same was connected with the murder of the deceased by the accused. The court held that sole …

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 …

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC
1 year, 9 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 …

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case
2 years, 2 months ago

Victim’s Testimony Unreliable, Major Improvements Made: Allahabad HC Acquits Police Constable Convicted In Minor's Rape Case

Live Law  

The Allahabad High Court recently acquitted a police constable who was convicted in 2018 by a trial Court for allegedly raping a 16-year-old minor girl, after finding that the medical evidence did not support the prosecution’s case. The bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad also observed that there were major improvements in the testimony 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 313 CrPC Not Empty Formality, Circumstances Must Be Explained To Accused : Supreme Court
2 years, 3 months ago

Section 313 CrPC Not Empty Formality, Circumstances Must Be Explained To Accused : Supreme Court

Live Law  

The Supreme Court observed that while questioning an accused under Section 313 CrPC, he must be explained the circumstances appearing in the evidence against him. The court observed thus while allowing an appeal filed by murder accused in which he contended that there was an omission to frame a proper charge in accordance with Section 213 of the Code of …

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 …

Rape Victim's Statement Under Section 164 CrPC Must Not Be Disclosed To Any Person Including Accused Till Charge-Sheet Is Filed: Supreme Court
2 years, 4 months ago

Rape Victim's Statement Under Section 164 CrPC Must Not Be Disclosed To Any Person Including Accused Till Charge-Sheet Is Filed: Supreme Court

Live Law  

The Supreme Court reiterated that a rape victim's statement made under Section 164 CrPC should not be disclosed to any person including the accused till charge-sheet/final report is filed.The bench of CJI UU Lalit and Justice Bela M. Trivedi was considering a contempt petition which highlighted violation of mandatory directions issued in State of Karnataka by Nonavinakere Police vs. The …

Statements Recorded U/S 164 CrPC Are Not Substantive Evidence, Can Only Be Used For Corroboration: Madras High Court Reiterates
2 years, 7 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. 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 …

S.313 CrPC | Trial Court Should Avoid Posing Long & Arduous Queries To Accused: Gauhati High Court
2 years, 11 months ago

S.313 CrPC | Trial Court Should Avoid Posing Long & Arduous Queries To Accused: Gauhati High Court

Live Law  

The Gauhati High Court observed that under Section 313 CrPC, the trial court should avoid posing long and arduous queries to the accused and instead bring to his notice, in a concise form, only the incriminating evidence available on record against him. A Division Bench of Justices Suman Shyam and Malasari Nandi remarked that section 313 CrPC is to afford …

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 …

Accused's Burden To Prove His Defence Taken U/s 313 CrPC Is Not Beyond All Reasonable Doubts: Supreme Court
3 years, 7 months ago

Accused's Burden To Prove His Defence Taken U/s 313 CrPC Is Not Beyond All Reasonable Doubts: Supreme Court

Live Law  

The Supreme Court observed that the burden of proof on an accused in support of the defence taken under Section 313 of Code of Criminal Procedure is not beyond all reasonable doubt as it lies on the prosecution to prove the chargeThe accused has merely to create a doubt and it is for the prosecution then to establish beyond reasonable …

Section 313 CrPC Statement By Accused Is Not A Substantive Evidence To Rebut Presumption Under Section 139 NI Act: Supreme Court
4 years ago

Section 313 CrPC Statement By Accused Is Not A Substantive Evidence To Rebut Presumption Under Section 139 NI Act: Supreme Court

Live Law  

The statement of the accused recorded under Section 313 of the Code of Criminal Procedure is not a substantive evidence of defence to rebut the presumption under Section 139 of the Negotiable Instruments Act that the cheques were issued for consideration.In this case, the bench comprising Justices Indu Malhotra and Ajay Rastogi was considering an appeal against the judgment of. …

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 …

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 …

(Rape) Conviction Cannot Be Solely Based On Statements Made To Police U/s 154/161 CrPC: SC [Read Order]
5 years, 5 months ago

(Rape) Conviction Cannot Be Solely Based On Statements Made To Police U/s 154/161 CrPC: SC [Read Order]

Live Law  

The Supreme Court, while acquitting a rape accused, observed that the conviction of an accused cannot be based solely on a statement of the witnesses recorded by the Police under Section 161 or 154 of the Code of Criminal Procedure. But the Trial Court convicted the accused relying upon the statements recorded under Sections 154 and 161 of the Code …

Section 313 CrPC: Inculpatory Material As Not Put To The Accused Must Be Eschewed: SC [Read Judgment]
5 years, 6 months ago

Section 313 CrPC: Inculpatory Material As Not Put To The Accused Must Be Eschewed: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the incriminating material that came in evidence is to be put to the accused during his examination under Section 313 of the Criminal Procedure Code.The bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph said that this is in recognition of the principles of audi alteram partem so that the accused gets a …

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 …

Courts Have To Adequately Consider Defence Of The Accused U/s 313 CrPC; Non-Consideration Can Vitiate Conviction: SC [Read Judgment]
6 years, 4 months ago

Courts Have To Adequately Consider Defence Of The Accused U/s 313 CrPC; Non-Consideration Can Vitiate Conviction: SC [Read Judgment]

Live Law  

cannot be seen simply as a part of audi alteram partem, rather it confers a valuable right upon an accused to establish his innocence.’The Supreme Court has held that if there has been no consideration at all of the defence taken by the accused under Section 313 of the Code of Criminal Procedure, the conviction can stand vitiated.The bench comprising …

Making Contradictory Statements At Trial Isn’t An Offence By Itself: SC [Read Judgment]
8 years, 4 months ago

Making Contradictory Statements At Trial Isn’t An Offence By Itself: SC [Read Judgment]

Live Law  

It must be shown that false statement was intentionally given for the purpose of using the same at any stage of the judicial proceedings, the court observed.The Supreme Court in Amarsang Nathaji vs. Hardik Harshadbhai Patel, has said the mere fact that a person made a contradictory statement in a judicial proceeding was not by itself always sufficient to justify …

Making Contradictory Statements At Trial Isn’t An Offence By Itself: SC [Read Judgment]
8 years, 4 months ago

Making Contradictory Statements At Trial Isn’t An Offence By Itself: SC [Read Judgment]

Live Law  

It must be shown that false statement was intentionally given for the purpose of using the same at any stage of the judicial proceedings, the court observed.The Supreme Court in Amarsang Nathaji vs. Hardik Harshadbhai Patel, has said the mere fact that a person made a contradictory statement in a judicial proceeding was not by itself always sufficient to justify …

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]
8 years, 4 months ago

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]

Live Law  

The rule regarding the benefit of doubt does not warrant acquittal of the accused by resorting to surmises, conjectures or fanciful considerations, the Bench said.The Supreme Court in Yogesh Singh Vs. Mahabeer Singh, has held that the burden on the prosecution is only to establish its case beyond all reasonable doubt and not all doubts and the rule regarding the …

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]
8 years, 4 months ago

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]

Live Law  

The rule regarding the benefit of doubt does not warrant acquittal of the accused by resorting to surmises, conjectures or fanciful considerations, the Bench said.The Supreme Court in Yogesh Singh Vs. Mahabeer Singh, has held that the burden on the prosecution is only to establish its case beyond all reasonable doubt and not all doubts and the rule regarding the …

Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case: SC [Read Judgment]
8 years, 4 months ago

Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case: SC [Read Judgment]

Live Law  

The Supreme Court in Harbeer Singh Vs. Sheeshpal, has observed that delay in recording of statements of the prosecution witnesses under Section 161 CrPC., although those witnesses were or could be available for examination when the Investigating Officer visited the scene of occurrence or soon thereafter, would cast a doubt upon the prosecution case.A bench comprising Justice Pinaki Chandra. The …

Statement of Accused can be used for corroboration of prosecution evidence. But it will not reduce the Burden of Prosecution to any extent; Allahabad HC [Read Judgment]
8 years, 9 months ago

Statement of Accused can be used for corroboration of prosecution evidence. But it will not reduce the Burden of Prosecution to any extent; Allahabad HC [Read Judgment]

Live Law  

In a recent Judgment the Allahabad High Court has held that statements given by the accused persons under Section 313 of Code of Criminal Procedure can be used for the purpose of appreciation of evidence and can also be used for corroboration of the prosecution evidence; but the burden of the prosecution to prove its case beyond reasonable doubt is …

'Test of Prejudice to the Accused' has to be kept in mind while adding or altering a charge against him; SC [Read Judgment]
9 years ago

'Test of Prejudice to the Accused' has to be kept in mind while adding or altering a charge against him; SC [Read Judgment]

Live Law  

It is the duty of the trial court to bear in mind that no prejudice is caused to the accused as that has the potentiality to affect a fair trial, the Bench said.Supreme Court in Anant Prakash Sinha @ Anant Sinha vs State of Haryana, has observed that while adding or altering a charge under Section 216 CrPC, the trial …

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