S.216 CrPC | Charge Can Be Altered Anytime During Trial: Karnataka High Court
2 years, 6 months ago

S.216 CrPC | Charge Can Be Altered Anytime During Trial: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 216 of the Criminal procedure Code the trial court can alter the charge framed even if the trial has progressed to a large extent. A single judge bench of Justice M Nagaprasanna made the observation while dismissing a petition filed by the one accused Ananda seeking to quash the order of the trial court date 31-12-2021 by which the court has added a charge under Section 7 of the POCSO Act apart from the allegations which were initially levelled and punishable under Sections 366A, 506 and 34 of the IPC. The bench said, "The submission of the learned counsel appearing for the petitioner that the charge could not have been altered after three years of commencement of trial is unacceptable, as the language employed under Section 216 of the Cr.P.C. Petitioner submitted that the order passed by the sessions judge is contrary to law as the charge is altered after three years of commencement of trial which could not have been done and for such alteration of charge there was no evidence but merely on the statement of the victim which does not touch upon the offence punishable under Section 7 of the Act.

Court Victim Charge Accused Act Three Years Petitioner Section 216 Section 7 Of The Act Altered Punishable Trial Karnataka Section 216 Of  s216  charge  court  high  trial  karnataka  altered  petitioner  victim  crpc  act  punishable  anytime  accused  sexual

History of this topic

High Court Transferring Revision Case to Sessions Court to Avoid Conflict of Jurisdiction: Kerala High Court
2 months, 1 week ago

High Court Transferring Revision Case to Sessions Court to Avoid Conflict of Jurisdiction: Kerala High Court

Live Law  

The Kerala High Court has ruled that Section 402 of the CrPC does not apply when revision is pending before the High Court but appeal is pending before the Sessions Court. The High Court has exercised its inherent power to transfer revision cases to the Sessions Court to avoid a conflict of jurisdiction.

Supreme Court Deplores Practice Of Filing Applications U/S 216 CrPC For Alteration Of Charge After Refusal Of Discharge
3 months, 3 weeks ago

Supreme Court Deplores Practice Of Filing Applications U/S 216 CrPC For Alteration Of Charge After Refusal Of Discharge

Live Law  

In a recent judgment, the Supreme Court deplored the practice of accused persons filing applications under Section 216 of the Code of Criminal Procedure seeking alteration of charge after their applications seeking discharge The Bench of Justices Bela M Trivedi and Satish Chandra Sharma elaborated that this provision does not give any right to the accused to file a fresh …

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court
4 months ago

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently ruled that the inherent powers under Section 482 of the Cr.P.C. The petitioners had also cited the Supreme Court's ruling in Gian Singh v. State of Punjab,, to support their argument that the High Court could quash FIRs even in cases involving compoundable offences. Joshi v. State of Haryana,, to reinforce that the inherent …

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court
4 months, 1 week ago

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court

Live Law  

The Karnataka High Court has held that an application under Section 311 Criminal Procedure Code cannot be allowed in cases where such applications are filed only to drag the proceedings/trial. The court said, “The case forms a classic illustration of one such action being initiated only to drag the proceedings, as the petitioner has filed an application under Section 311 …

The Difference In A Criminal Writ, Criminal Revision And 482 – The Plight Of A Litigant In Choosing The Gate
8 months, 2 weeks ago

The Difference In A Criminal Writ, Criminal Revision And 482 – The Plight Of A Litigant In Choosing The Gate

Live Law  

Section 482 of the CrPC provides for a wide ambit of powers of the High Court to secure the ends of justice. Criminal Revision & When It Should Be Invoked Section 397 of CrPC allows the High Court and Sessions Judge to call and examine the records of criminal courts inferior to them within their territory. For instance, in a …

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]
11 months, 2 weeks ago

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]

Live Law  

Citations: 2024 LiveLaw 01 To 2024 LiveLaw 09 Nominal Index: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka. 2024 LiveLaw 9 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. I …

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court
1 year, 2 months ago

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court

Live Law  

Madhya Pradesh High Court has reiterated that the scope of revisional jurisdiction wielded by the High Court under Section 401 CrPC is limited and it cannot be put to use for reversing the conclusions reached by the courts below. Adding to this, the single-judge bench of Justice Prem Narayan Singh sitting at Indore also noted that the High Court cannot …

S.309 CrPC | Bombay High Court Expresses Concern Over Non-Production Of Undertrials Every 15 Days, Inquires If Magistrate Courts Have VC Facility
1 year, 3 months ago

S.309 CrPC | Bombay High Court Expresses Concern Over Non-Production Of Undertrials Every 15 Days, Inquires If Magistrate Courts Have VC Facility

Live Law  

The Bombay High Court recently raised concerns regarding the non-production of incarcerated prisoners before Metropolitan Magistrate Courts every 15 days and asked the prosecutor to inform if video conferencing facilities were provided in all MM Courts in Mumbai. Justice Bharati Dangre was dealing with a bail application wherein Tribhuvansing Yadav, an accused in a forgery case, wasn’t produced before the …

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court
1 year, 6 months ago

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court

Live Law  

The Karnataka High Court has held that the trial court has the power to find an accused guilty for the lesser offence even though the charges were framed for major offences. But the trial Court found him guilty and convicted and sentenced him to undergo 10 years imprisonment for the offence punishable under Section 6 of the Act. Such being …

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police
1 year, 10 months ago

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police

Live Law  

The Karnataka High Court has quashed an order of the sessions court allowing an application made by the prosecution under section 319 of the Criminal Procedure Code, permitting it to arraign a person as accused whom the police had earlier given clean chit in investigation. Post investigation the police filed a charge sheet for the offence punishable under Section 323, …

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
1 year, 11 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 …

High Court Refuses To Quash Chargesheet Filed Under Karnataka Police Act Merely For Absence Of Independent Witnesses
2 years, 1 month ago

High Court Refuses To Quash Chargesheet Filed Under Karnataka Police Act Merely For Absence Of Independent Witnesses

Live Law  

The Karnataka High Court has refused to quash a chargesheet filed against an accused under the Karnataka Police Act merely because the Police did not cite any independent witness. It thus dismissed the petition filed by one Ramanji who is charged under Section 78 of the Police Act for allegedly running matka in a gambling bid. Ramanji submitted that the …

Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly : Supreme Court
2 years, 1 month ago

Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly : Supreme Court

Live Law  

The Supreme Court reiterated that the power of a court under Section 319 CrPC is a discretionary and extraordinary power which should be excercised sparingly.The crucial test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, …

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

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

Live Law  

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

Supreme Court Quarterly Complete Criminal Digest [July - September 2022]
2 years, 1 month ago

Supreme Court Quarterly Complete Criminal Digest [July - September 2022]

Live Law  

Bail - Economic Offences - The gravity of the offence, the object of the Special Act, and the attending circumstances are a few of the factors to be taken note of, along with the period of sentence. Kanchan Kumar v. State of Bihar, 2022 LiveLaw 763 Code of Criminal Procedure, 1973; Section 227-228 - Cause of death of the deceased …

Section 311 CrPC | Trial Court Can Regulate Sequence In Which Witnesses Are To Be Examined: Madhya Pradesh High Court
2 years, 2 months ago

Section 311 CrPC | Trial Court Can Regulate Sequence In Which Witnesses Are To Be Examined: Madhya Pradesh High Court

Live Law  

High Court of Madhya Pradesh's Gwalior Bench recently held that when the trial court can summon any witness pursuant to its power under Section 311 CrPC, it can also regulate the sequence in which they are to be examined. The State submitted before the Court that the Public Prosecutor in the case was interested in getting other witnesses examined first …

S.207 CrPC | Denial Of Chargesheet Material To Accused Results In Unfair Trial: Karnataka High Court
2 years, 4 months ago

S.207 CrPC | Denial Of Chargesheet Material To Accused Results In Unfair Trial: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that a petitioner/accused would become entitled to all copies of the charge sheet material, denial of which would undoubtedly be contrary to the principle of fairness and result in an unfair trial. Mehta had questioned the order of Additional City Civil and Sessions Judge, Bengaluru, only partly allowing his application under Section 207 of …

S.226 - 228 CrPC Meant To Ensure Expeditious Disposal Of Criminal Case, Parties Must Not Indulge In Dilatory Tactics: Gujarat High Court
2 years, 4 months ago

S.226 - 228 CrPC Meant To Ensure Expeditious Disposal Of Criminal Case, Parties Must Not Indulge In Dilatory Tactics: Gujarat High Court

Live Law  

The Gujarat High Court has recently dismissed a revision petition seeking reconsideration of application filed by Petitioner-Accused under Section 227 CrPC for discharge from a murder and assault case. The Bench comprising Justice Samir Dave noted that the charge and framing of charge have been deferred time and again due to several applications moved by the petitioner along with co-accused …

Section 226 CrPC - Public Prosecutor Owes A Duty To Give A Fair idea Regarding Prosecution Case To Trial Court: Supreme Court
2 years, 4 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 …

Karnataka High Court Suggests Centre To Amend S.372 CrPC To Allow Victims To File Appeal Seeking Enhancement Of Sentence Of Convicts
2 years, 6 months ago

Karnataka High Court Suggests Centre To Amend S.372 CrPC To Allow Victims To File Appeal Seeking Enhancement Of Sentence Of Convicts

Live Law  

The Karnataka High Court has suggested that the Central Government make necessary amendments to Section 372 of the Criminal Procedure Code, in order to provide an opportunity to victims to approach the Court in appeal seeking enhancement of sentence imposed on a convict. Instead, it allowed the revision petition filed by the accused and set aside the order of the …

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, 7 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, 7 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 …

To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court
2 years, 9 months ago

To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court

Live Law  

The Supreme Court reiterated that the power under Section 319 of the Code of Criminal Procedure is a discretionary and extraordinary power which should be exercised sparingly. "The crucial test to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the …

Karnataka High Court Seeks Info About Criminal Cases Against MP/MLAs In Which Govt Has Filed Withdrawal Application U/S 321 CrPC
2 years, 9 months ago

Karnataka High Court Seeks Info About Criminal Cases Against MP/MLAs In Which Govt Has Filed Withdrawal Application U/S 321 CrPC

Live Law  

The Karnataka High Court on Saturday directed its Registrar General to furnish fresh information regarding the cases in which the State Government has filed application under Section 321 of Cr.P.C, for withdrawing cases against Member of Parliament, Member of Legislative Assembly/Council. The direction followed after amicus curiae, Senior Advocate Aditya Sondhi informed the court that the State Government has informed …

Change Of Counsel Not Ground To Recall Witnesses U/S 311 CrPC: Madhya Pradesh High Court
2 years, 9 months 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 …

Allahabad High Court Discusses Scope Of Powers While Hearing An Application For Discharge U/S 227 CrPC
2 years, 10 months ago

Allahabad High Court Discusses Scope Of Powers While Hearing An Application For Discharge U/S 227 CrPC

Live Law  

The Allahabad High Court, sitting in Lucknow, recently delved into the power of Courts at the time of framing of charges under Section 228 CrPC and to discharge an accused under Section 227 CrPC.Justice Sangeeta Chandra observed, "Framing of a charge is an exercise of jurisdiction by the trial court in terms of Section 228 of the Code, unless the …

Anticipatory Bail Plea Not Maintainable Once Accused Enters Appearance, Either Personally Or Through Counsel: Karnataka High Court
2 years, 10 months ago

Anticipatory Bail Plea Not Maintainable Once Accused Enters Appearance, Either Personally Or Through Counsel: Karnataka High Court

Live Law  

The Karnataka High Court has said that once an accused has appeared before the court, either personally or through his counsel, he cannot seek anticipatory bail by invoking section 438 of the Criminal Procedure Code. Justice H P Sandesh thus dismissed the anticipatory bail petition filed by one Ramesh and granted him liberty to approach the Trial Court by filing …

S. 482 CrPC| Can't Appreciate Evidence In Quashing Petition: Karnataka High Court Reiterates
2 years, 11 months ago

S. 482 CrPC| Can't Appreciate Evidence In Quashing Petition: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that a Court hearing a petition for quashing of FIR/ charge sheet under Section 482 CrPC cannot appreciate evidence as the same lies within the domain of the trial Court. Justice Sreenivas Harish Kumar said, "It is a settled principle that while deciding the petition under Section 482 of Cr.P.C, evidence cannot be appreciated …

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 …

Section 167(2) CrPC - Default Bail Not Available For Not Filing Supplementary Chargesheet : Karnataka High Court
3 years, 4 months ago

Section 167(2) CrPC - Default Bail Not Available For Not Filing Supplementary Chargesheet : Karnataka High Court

Live Law  

The Karnataka High Court recently said that the supplementary charge sheet is only an additional material collected against the accused persons and that the provisions of Section 167 of Cr. "Section 167 of Cr.P.C., is applicable only when charge sheet is not laid down and it starts operative when accused is arrested during the course of investigation, but if charge …

'Failure To Take Cognizance Immediately Doesn't Make Detention Illegal" : Karnataka High Court Denies Bail To Accused In Gauri Lankesh Murder Case
3 years, 4 months ago

'Failure To Take Cognizance Immediately Doesn't Make Detention Illegal" : Karnataka High Court Denies Bail To Accused In Gauri Lankesh Murder Case

Live Law  

Observing that "the appellant cannot take the benefit of delay in taking cognizance in order to claim statutory bail," the Karnataka High Court recently dismissed a petition seeking bail filed by Mohan Nayak who is an accused in the journalist Gauri Lankesh murder case. But on 23.8.2018, the investigating officer made an application to the Special Court under Section 22 …

COVID19 : Karnataka High Court Extends Time For Rectification Of Office Objections
3 years, 7 months ago

COVID19 : Karnataka High Court Extends Time For Rectification Of Office Objections

Live Law  

The Karnataka High Court on Wednesday restored the proceedings in the public interest litigation initiated on its own to address various legal and technical issues that arose before the district and trial courts, from June 1 2020, when they started 'limited functioning', in the state. The court added "Due to the lockdown announced by the Government of Karnataka, the members …

'No Court Bound By Govt Decision To Withdraw Prosecution' : Karnataka High Court On Move To Drop Cases Against Ministers, MLAs
4 years ago

'No Court Bound By Govt Decision To Withdraw Prosecution' : Karnataka High Court On Move To Drop Cases Against Ministers, MLAs

Live Law  

The Karnataka High Court on Thursday issued notice on a petition which challenged the Government decision to drop criminal prosecution in 61 cases against elected representatives and ministers.A division bench comprising Chief Justice Abhay S Oka and Justice Vishwajith Shetty observed : "No Court is bound by such a decision taken to withdraw from the prosecution. The Karnataka High Court …

Filing Of The Charge-sheet By Itself, Does Not Entitle An Accused To Copy Of Statement Recorded U/s 164 CrPC: SC [Read Judgment]
4 years, 2 months ago

Filing Of The Charge-sheet By Itself, Does Not Entitle An Accused To Copy Of Statement Recorded U/s 164 CrPC: SC [Read Judgment]

Live Law  

Filing of the charge-sheet by itself, does not entitle an accused to copies of any of the relevant documents including statement under Section 164 of the Code, the Supreme Court observed while setting aside the Allahabad High Court order which allowed the plea of former Union Minister and BJP leader Chinmayanand to seek a certified copy of the statement of …

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