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 the accused for free copy of the judgment has to be read harmoniously with Section 353.The present petitioner having not appeared before the Court on the date of judgment cannot as of right seek for supply of the copy of the judgment" Not Entitled To Certified Copy Also? This judgment refers to Section 363 CrPC which deals with the entitlement of the accused to get copy of the judgment free of cost and not with his entitlement to certified copy of the judgment.

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History of this topic

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 …

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 …

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 …

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 …

Section 207 CrPC - Accused Can Be Given Copy Of Protected Witness's Statement With Identity Redacted : Supreme Court
3 years ago

Section 207 CrPC - Accused Can Be Given Copy Of Protected Witness's Statement With Identity Redacted : Supreme Court

Live Law  

On Friday, the Supreme Court held that even for protected witnesses declared so under Section 173 of the Code of Criminal Procedure, 1973 read with Section 44 of the Unlawful Activities Act, 1967, the accused can exercise their right under Sections 207 and 161 of the Cr.P.C to obtain copies of their redacted statements which would ensure that the identity …

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. …

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 …

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