Sections 4 And 5 Of CrPC Do Not Apply To Offences Under IPC: Allahabad High Court
2 years, 8 months ago

Sections 4 And 5 Of CrPC Do Not Apply To Offences Under IPC: Allahabad High Court

Live Law  

The Allahabad High Court has held that the provisions of Sections 4 and 5 of the CrPC do not apply to offencs committed under the Indian Penal Code and that these provisions are applicable when any special act comes into operation.The Division Bench of Justice Kaushal Jayendra Thaker and justice Gautam Chowdhary passed this order while hearing a petition filed by Mohar Pal And Another. The Allahabad High Court has held that the provisions of Sections 4 and 5 of the CrPC do not apply to offencs committed under the Indian Penal Code and that these provisions are applicable when any special act comes into operation. The Division Bench of Justice Kaushal Jayendra Thaker and justice Gautam Chowdhary passed this order while hearing a petition filed by Mohar Pal And Another and observed that Sections 4 and 5 of CrPC pertain to the procedure where the offence under a particular Act is committed. The Court noted that since the complainant/informant had not invoked the provisions of the special Act but the alleged commission of offences punishable under the Indian Penal Code, that are triable as per procedural law i.e.

Court Ipc Fir Act Code Crpc Provisions Prima Facie Sections Applicable Mohar Pal Sections 4 Sections 4 And Mohar Pal And Another  ipc  court  allahabad  sections  act  special  apply  justice  procedure  applicable  offences  provisions  code  crpc  high

History of this topic

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025
2 weeks, 2 days ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025

Live Law  

Supreme Court: S.156 CrPC v S.175 BNSS | BNSS Mandates Magistrate To Hear Police Officer On Refusal To Register FIR, Ensures Reasoned Order: Supreme Court Case Title: OM PRAKASH AMBADKAR VERSUS THE STATE OF MAHARASHTRA & ORS. Kerala High Court: S.187 BNSS | Default Bail Can Be Granted After 60 Days For Offence Punishable With Imprisonment Which May Extend To …

Allahabad High Court Weekly Round-Up: January 20 To January 26, 2025
2 months ago

Allahabad High Court Weekly Round-Up: January 20 To January 26, 2025

Live Law  

NOMINAL INDEX Neeraj Kumar v. Smt. and Another 2025 LiveLaw 34 Jagriti And 2 Others vs. State Of Up And 6 Others 2025 LiveLaw 35 Shubhra Rai vs. State Of Up And 3 Others 2025 LiveLaw 36 Raj Pal Singh Dishwar vs. State Of Up And 3 Others 2025 LiveLaw 37 ORDERS/JUDGMENTS OF THE WEEK Refusal Of Husband To Lead …

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024
2 months, 4 weeks ago

Code of Criminal Procedure (CrPC): Important Judgments By Supreme Court In 2024

Live Law  

As 2025 begins, Live Law summarizes important decisions on the Code of Criminal Procedure of the past year. S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court Case Title: SHANKAR VERSUS THE STATE OF UTTAR PRADESH & ORS., Citation : 2024 LiveLaw 345 The Supreme Court held that to summon a person …

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 …

High Court's notice to Centre on DMK plea opposing three new criminal laws
8 months, 1 week ago

High Court's notice to Centre on DMK plea opposing three new criminal laws

India Today  

The Madras High Court on Friday ordered issuing notice to the Centre over a plea by the Dravida Munnetra Kazhagam to declare as ultra vires and unconstitutional, the three new criminal laws brought in by the Union government. The three laws-- Bharatiya Nagarik Suraksha Sanhita, Bharatiya Nyaya Sanhita and Bharatiya Sakshya Adhiniyam have come into effect from July 1. A …

Mention of IPC, CrPC, Evidence Act to be read as reference to new criminal laws: Govt
8 months, 1 week ago

Mention of IPC, CrPC, Evidence Act to be read as reference to new criminal laws: Govt

India TV News  

New criminal laws: The Central government said that any mention of the now-replaced IPC, CrPC, or Evidence Act in any statute, ordinance, regulation, or notification will be read as a reference to the new criminal justice laws, Bhartiya Nyaya Sanhita, Bhartiya Nagrik Suraksha Sanhita, and Bhartiya Sakshya Adhiniyam, respectively. Law Ministry notification “In pursuance of Section 8 of the General …

India’s Criminal Law Overhaul 2024: What You Need to Know About the BNS, BNSS, and BSA Acts Replacing IPC, CrPC, and Indian Evidence Act
8 months, 2 weeks ago

India’s Criminal Law Overhaul 2024: What You Need to Know About the BNS, BNSS, and BSA Acts Replacing IPC, CrPC, and Indian Evidence Act

The Hindu  

Published : Jul 12, 2024 19:55 IST - 1 MIN READ The Centre has implemented new criminal laws effective July 1, 2024. The Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam have replaced the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act, respectively. Also, the new laws have effectively reintroduced provisions similar to the …

No more IPC and CrPC, it is Bharatiya Nyaya Sanhita and Nagarik Suraksha Sanhita from today: First FIR registered in Delhi
8 months, 4 weeks ago

No more IPC and CrPC, it is Bharatiya Nyaya Sanhita and Nagarik Suraksha Sanhita from today: First FIR registered in Delhi

Op India  

The first FIR under Section Bharatiya Nyaya Sanhita, 2023, was registered at Kamla Market Police Station in the national capital Delhi. The case has been registered against a street vendor under Section 285 of Bharatiya Nyaya Sanhita for obstruction under foot over bridge of New Delhi Railway Station and making sales. The Indian Penal Code has been replaced with the …

Court Can't Add Or Subtract Sections In Police Report While Taking Cognizance Of Offences U/S 190 CrPC: Allahabad HC
9 months, 1 week ago

Court Can't Add Or Subtract Sections In Police Report While Taking Cognizance Of Offences U/S 190 CrPC: Allahabad HC

Live Law  

The Allahabad High Court has observed that the offences cannot be added or subtracted by the concerned Magistrate or Judge in the police report when they are being considered under Section 190 CrPC. To hold thus, the Court relied upon the Judgment of the Top Court in the case of State Of Gujarat vs Girish Radhakishan Varde wherein it was …

Allahabad High Court Directs Judicial Officer To Explain Passing Of Two Contradictory Orders On Same Day In Same Case
9 months, 4 weeks ago

Allahabad High Court Directs Judicial Officer To Explain Passing Of Two Contradictory Orders On Same Day In Same Case

Live Law  

The Allahabad High Court has directed the then Additional Chief Judicial Magistrate of Ghaziabad to file his personal affidavit for passing two contradictory orders on the same day in the same case. 8th exception to the persons who can be accused of defamation provides that “it is not defamation to prefer in good faith an accusation against any person to …

Irked At Perfunctory Probe, Allahabad HC Orders Specialized Training For IO To Enhance Skills In Murder Case Investigations
10 months ago

Irked At Perfunctory Probe, Allahabad HC Orders Specialized Training For IO To Enhance Skills In Murder Case Investigations

Live Law  

The Allahabad High Court recently censured an Investigating Official for hastily filing a chargesheet under Section 306 IPC after dropping the charge under Section 302 IPC, initially specified in the FIR. A bench of Justice Manju Rani Chauhan further directed the Commissioner of Police, Police Commissionerate, Agra, to send the IO for special training to prepare him for investigating offences, …

Allahabad High Court Quashes Criminal Cases Against CFO, CEO & MD, And Senior Executive Vice President Of Larsen And Toubro Limited
10 months, 4 weeks ago

Allahabad High Court Quashes Criminal Cases Against CFO, CEO & MD, And Senior Executive Vice President Of Larsen And Toubro Limited

Live Law  

Recently, the Allahabad High Court has quashed criminal cases filed against the CFO, CEO & MD, and Senior Executive Vice President of Larsen and Toubro Limited. Relying on the decisions of the Supreme Court in Pepsi Foods Ltd. and another v. Special Judicial Magistrate and others, Vijay Dhanuka and others v. Najima Mamtaj and others, Abhijit Pawar v. Hemant Madhukar …

CrPC Provisions Applicable On Accused Not Chargesheeted Under SC/ST Act Even If Special Court Is Trying Offence: Allahabad HC
1 year ago

CrPC Provisions Applicable On Accused Not Chargesheeted Under SC/ST Act Even If Special Court Is Trying Offence: Allahabad HC

Live Law  

The Allahabad High Court recently clarified that the criminal cases in which the accused are not charge-sheeted under the SC/ST Act are liable to be processed under the provisions of CrPC, even if the offence is being tried by the special court established under the SC/ST Act.A bench of Justice Ajay Bhanot observed thus while dealing with an application filed …

HC dismisses IPS officer Ashish Kapoor’s plea seeking transfer of case to another judge
1 year ago

HC dismisses IPS officer Ashish Kapoor’s plea seeking transfer of case to another judge

Hindustan Times  

The Punjab and Haryana high court has dismissed a plea from IPS officer, Ashish Kapoor, who had challenged a Mohali court order granting pardon to an accused cop and making him an approver against him in a ₹1 crore bribery case. Singh was initially booked with Kapoor an assistant inspector general level officer, on October 6, 2023, as an accused …

Andhra Pradesh High Court Rebukes Police Over CrPC 41-A Compliance
1 year, 1 month ago

Andhra Pradesh High Court Rebukes Police Over CrPC 41-A Compliance

Deccan Chronicle  

Vijayawada: The Andhra Pradesh High Court has expressed displeasure over the police failure to comply with the norms of section 41-A of CrPC. A single judge bench of T. Mallikharjuna Rao held a hearing on an anticipatory bail plea of Telugu Desam MLA Yeluri Sambasiva Rao here on Monday over a case booked against him by the Marturu police. Petitioner’s …

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC
1 year, 2 months ago

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC

Live Law  

The Allahabad High Court recently explained the difference between the scope of Section 311 CrPC and Section 233 CrPC concerning the production of defence witnesses during the trial. “Under section 311 CrPC, the power lies in the courts only and under section 233 CrPC, the right lies with the accused and the court's interference is limited,” the Court emphasized. For …

New Criminal Law Reform Bills To Replace IPC,CrPC & Evidence Act Are Withdrawn By Center
1 year, 3 months ago

New Criminal Law Reform Bills To Replace IPC,CrPC & Evidence Act Are Withdrawn By Center

Live Law  

Update at 4.45 PM, Dec 12 : Centre Introduces Revised Criminal Reform Bills To Replace IPC, CrPC & Evidence ActThe Central Government has decided to withdraw the three criminal law reform bills - Bharatiya Nyaya Sanhita, Bharatiya Sakshya Bill and Bharatiya Nagarik Suraksha Sanhita- introduced by it in the Lok Sabha to replace the Indian Penal Code, the Indian Evidence …

Persons Not Affected By Order Challenged In Revision Petition Not Necessary Parties, Cannot Seek Recourse To Section 401(2) CrPC: Delhi HC
1 year, 3 months ago

Persons Not Affected By Order Challenged In Revision Petition Not Necessary Parties, Cannot Seek Recourse To Section 401(2) CrPC: Delhi HC

Live Law  

While dealing with a plea filed by M/s Bennett Coleman, Justice Amit Sharma of the Delhi High Court recently observed that the words “other persons” under Section 401 CrPC cannot be construed as wide enough to include persons not affected by the order challenged in the revision petition. The petitioners' counsel argued that the words 'accused' or 'other person' in …

Parliamentary Committee withholds draft report on bills to replace existing criminal laws
1 year, 5 months ago

Parliamentary Committee withholds draft report on bills to replace existing criminal laws

India TV News  

The draft report on three bills to replace the existing criminal laws has been withheld by the Parliamentary Standing Committee of Home Affairs on Friday. The panel reviewed the draft reports on the three bills- The Bharatiya Nyaya Sanhita 2023', 'The Bharatiya Nagarik Suraksha Sanhita 2023' and 'The Bharatiya Sakshya 2023'- that seek to replace the existing criminal laws. The …

Bill to replace CrPC: Panel may propose no handcuffs in financial crimes
1 year, 5 months ago

Bill to replace CrPC: Panel may propose no handcuffs in financial crimes

Hindustan Times  

The parliamentary standing committee on home affairs is likely to suggest that economic offenders not be handcuffed while being taken into custody as part of its recommendations into the Bharatiya Nagrik Suraksha Sanhita that seeks to replace the British-era Code of Criminal Procedure, people aware of developments said on Tuesday. The BNSS was part of three bills – the Bharatiya …

Is there a need to replace the IPC, the CrPC and the Evidence Act?
1 year, 7 months ago

Is there a need to replace the IPC, the CrPC and the Evidence Act?

The Hindu  

On August 11, 2023, Union Home Minister Amit Shah introduced three Bills in the Lok Sabha; the Bharatiya Nyaya Sanhita Bill to replace the Indian Penal Code, 1860, the Bharatiya Nagarik Suraksha Sanhita Bill to replace the Code of Criminal Procedure, 1973 and the Bharatiya Sakshya Bill to replace the Indian Evidence Act, 1872. For example, in the IPC, 175 …

Rebooting the codes: The Hindu Editorial on the IPC, CrPC and Evidence Act
1 year, 7 months ago

Rebooting the codes: The Hindu Editorial on the IPC, CrPC and Evidence Act

The Hindu  

Few would disagree that laws require an overhaul from time to time so that they could be abreast of developments in technology and changes in society. In substance, the deletion of ‘sedition’ is welcome, and its apparent equivalent, the new Section 150, does not use overbroad terms such as promoting ‘disaffection’ against the government or bringing it into ‘hatred or …

Amit Shah tables bill to replace CrPC, IPC & Indian Evidence Act, says sedition law to be repealed – Firstpost
1 year, 7 months ago

Amit Shah tables bill to replace CrPC, IPC & Indian Evidence Act, says sedition law to be repealed – Firstpost

Firstpost  

The Bharatiya Sanhita Suraksha Bill, 2023 in Lok Sabha to replace three “19th Century Laws”, namely the Indian Penal Code, Code of Criminal Procedure and Indian Evidence Act, says Amit Shah as he tables bill in Lok Sabha on Friday Union Home Minister Amit Shah on Friday introduced the Bharatiya Sanhita Suraksha Bill, 2023 in Lok Sabha to replace three …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 9 months ago

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances

Live Law  

The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence. While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, …

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR
1 year, 9 months ago

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR

Live Law  

Last week, the Allahabad High Court disapproved the issuance of notice under Section 160 of CrPC to 5 accused in connection with an FIR registered against them in the year 2006, about 17 years back. The Court was essentially dealing with a criminal writ petition filed by Devendra Singh and 4 others seeking protection from the court after receiving a …

Calcutta High Court Discharges Widow In FIR Accusing Her Of Marrying A Married Man And Subjecting His Wife To Cruelty
1 year, 10 months ago

Calcutta High Court Discharges Widow In FIR Accusing Her Of Marrying A Married Man And Subjecting His Wife To Cruelty

Live Law  

The Calcutta High Court at Jalpaiguri circuit bench has discharged a widow in an FIR under Sections 498A, 494 and 506 of IPC accusing her of marrying the husband of the complainant, on the ground that materials on record including complaint prima facie revealed that the allegations were levelled against the against the principal accused i.e. The single judge bench …

Calcutta High Court Grants Bail To Accused Under NDPS Act Citing Non-Compliance Of S.41B CrPC
2 years ago

Calcutta High Court Grants Bail To Accused Under NDPS Act Citing Non-Compliance Of S.41B CrPC

Live Law  

The Calcutta High Court recently granted bail to two accused persons in a NDPS case on the grounds that Section 41B of CrPC was not complied with, there were discrepancies in the documents of seizure. While allowing the bail application of the accused persons the division bench of Justice Sabyasachi Bhattacharyya and Justice Rai Chattopadhyay held: “The provisions of Section …

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, 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 …

UP Govt Takes A Slew Of Decisions To Reform, Improve Investigation System, Assures Allahabad HC Of Implementing Them In 2 Months
2 years, 6 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. …

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
2 years, 7 months ago

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices

Live Law  

The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in …

Convict's Sentence Enhanced My Modifying Trial Court Judgment Under Reader's Signature: Punjab & Haryana HC Asks Appellate Court To Conduct Inquiry
2 years, 9 months ago

Convict's Sentence Enhanced My Modifying Trial Court Judgment Under Reader's Signature: Punjab & Haryana HC Asks Appellate Court To Conduct Inquiry

Live Law  

Punjab and Haryana High Court recently came across a case where the original order of conviction passed by the Trial Court was modified under the signature of the Reader of the Court, during the pendency of an appeal preferred by the convict against the said judgment, thereby enhancing the sentence of the convict from 2 months to two years. However, …

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, 10 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, 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 …

Allahabad HC Refuses To Interfere With Order Dismissing S. 156 (3) CrPC Plea Seeking FIR Against Kunal Kamra For 'Indian Flag' Tweet
2 years, 11 months ago

Allahabad HC Refuses To Interfere With Order Dismissing S. 156 (3) CrPC Plea Seeking FIR Against Kunal Kamra For 'Indian Flag' Tweet

Live Law  

The Allahabad Hign Court today refused to interfere in a plea challenging a magistrate's order dismissing an application filed under Section 156 CrPC seeking FIR against stand-up comedian Kunal Kamra for his tweet, which allegedly insulted the Indian flag.Kamra had tweeted a morphed picture of the Supreme Court replacing the tricolor atop it with the flag of a political party.It …

S.482 CrPC | Criminal Proceedings Can't Be Quashed If Specific Accusations Made Against Accused, Can't Conduct Roving Inquiry: Andhra Pradesh HC
2 years, 11 months ago

S.482 CrPC | Criminal Proceedings Can't Be Quashed If Specific Accusations Made Against Accused, Can't Conduct Roving Inquiry: Andhra Pradesh HC

Live Law  

The Andhra Pradesh high Court reiterated that when there are specific accusations in the FIR, charge sheet and witness statement to police, the court does not have the jurisdiction to embark upon appreciation of material in a petition under Section 482 of CrPC. Justice K. Sreenivasa Reddy observed: "Prima facie when an accusation has been made, this Court would not …

Centre initiates process to amend IPC, CrPC, Evidence Act in consultation with stakeholders
2 years, 11 months ago

Centre initiates process to amend IPC, CrPC, Evidence Act in consultation with stakeholders

Firstpost  

The Parliamentary Standing Committee on Home Affairs in its 146th report had recommended that there is a need for a comprehensive review of the criminal justice system of the country New Delhi: Seeking to make comprehensive changes in criminal laws to provide affordable and speedy justice and create a people-centric legal structure, the government has initiated the process to amend …

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC
3 years ago

Special Leave To Appeal U/S 378 (4) CrPC Can Be Granted Only When View Of Acquitting Judge Is Unreasonable: Allahabad HC

Live Law  

The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under Section 378 of the Code Of Criminal Procedure could be granted by the High Court only where the view taken by acquitting judge is clearly unreasonable.The Bench of Justice Mohd. The Allahabad High Court on Wednesday observed that special leave to appeal as envisaged under …

Applying Section 41A CrPC Will Defeat PMLA's Objective : Solicitor General Tells Supreme Court
3 years ago

Applying Section 41A CrPC Will Defeat PMLA's Objective : Solicitor General Tells Supreme Court

Live Law  

The Solicitor General of India Tushar Mehta continued his arguments in the Supreme Court on Thursday defending the provisions of the Prevention of Money Laundering Act. P. C., the Court takes cognisance on a police report filing under section 173 while in case of investigation by "authorities" under PMLA, the Court takes cognisance upon a complaint made by an authority; …

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC
3 years, 1 month ago

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC

Live Law  

The Allahabad High Court has clarified that as per Section 202 CrPC, if an accused resides beyond the jurisdictional area of a Magistrate then it is mandatory for such a Magistrate to either inquire into the case himself or direct an investigation to be made, before issuance of process under Section 204 CrPC.The Bench of Justice Manju Rani Chauhan further …

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 …

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court
3 years, 1 month ago

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court

Live Law  

The Supreme Court reiterated that the jurisdiction to quash under Section 482 of Code of Criminal Procedure can be exercised only if no offence is made out on reading the allegations in the FIR as they stand.The allegation of the complainant in this case, was that at the time of the marriage, the mother in law and brother in law …

Gujarat High Court Quashes Criminal Proceedings Against Hardik Patel For Taking Out A Public Rally Sans Permission
3 years, 3 months ago

Gujarat High Court Quashes Criminal Proceedings Against Hardik Patel For Taking Out A Public Rally Sans Permission

Live Law  

The Gujarat High Court on Wednesday quashed the complaint and the charge sheet against Congress leader Hardik Patel in connection with a rally which he took out in the year 2017 sans police permission.The Bench of Justice Gita Gopi was hearing a 482 CrPC application filed by Patel who sought quashing of the complaint registered with the police station for …

Offences Committed Outside India: Previous Sanction Of Central Govt U/S 188 CrPC Not Required At The Stage Of Cogizance But Trial Can't Be Commenced Without It: SC
3 years, 7 months ago

Offences Committed Outside India: Previous Sanction Of Central Govt U/S 188 CrPC Not Required At The Stage Of Cogizance But Trial Can't Be Commenced Without It: SC

Live Law  

The Supreme Court observed that the trial of the criminal case against an Indian citizen for offences committed outside India cannot commence without sanction of the Central Government under Section 188 of the Code of Criminal Procedure.But such previous sanction is not required at the stage of cognizance, the bench comprising Justices L. Nageswara Rao and Aniruddha Bose said.In this …

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 …

Grant Of Leave For Compounding Offences At Appellate Stage Is Not Automatic On Settlement Between Accused & Victim: Supreme Court
4 years, 1 month ago

Grant Of Leave For Compounding Offences At Appellate Stage Is Not Automatic On Settlement Between Accused & Victim: Supreme Court

Live Law  

The grant of leave as contemplated by Section 320 of the Code of Criminal Procedure is not automatic nor it has to be mechanical on receipt of request by the accused which may be agreed by the victim, the Supreme Court observed.The bench comprising Justices Ashok Bhushan and Ajay Rastogi observed thus while rejecting a plea seeking compounding of offences …

Section 41A CrPC: Allahabad High Court Issues Slew Of Direction To Ensure Compliance Of Safeguards From Arbitrary Arrest In 498A Cases
4 years, 1 month ago

Section 41A CrPC: Allahabad High Court Issues Slew Of Direction To Ensure Compliance Of Safeguards From Arbitrary Arrest In 498A Cases

Live Law  

In a significant judgment, the Allahabad High Court has directed the Police authorities to desist from making automatic/ routine arrests, especially in dowry cases, and strictly comply with the pre-conditions laid down under Section 41A of CrPC. It therefore directed the Magistrates/ Police authorities that when accused alleged with offence punishable up to 7 years imprisonment are produced before them, …

S. 195 CrPC Doesn't Bar Registration Of FIR For An Offence Under S. 188 IPC By Police: Madhya Pradesh High Court
4 years, 2 months ago

S. 195 CrPC Doesn't Bar Registration Of FIR For An Offence Under S. 188 IPC By Police: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court last month held that there is no bar under Section 195 of the Cr.P.C. in registering the FIR for offence under Section 188 of the IPC and the bar under Section 195 comes into operation at the stage of taking cognizance. in respect of registration of FIR, therefore, FIR for an offence under Section 188 …

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