Delhi HC Suggests Digital Recording Of Witness Statements And Recoveries In Addition To Existing Mechanism Under CrPC [Read Order]
6 years, 4 months ago

Delhi HC Suggests Digital Recording Of Witness Statements And Recoveries In Addition To Existing Mechanism Under CrPC [Read Order]

Live Law  

Delhi High Court on Monday issued notice to the Centre and the Delhi Government, while suggesting digital recording of witness statements and effecting recovery by the Delhi Police.The suggestion was given by a Bench comprising Justice Vipin Sanghi and Justice IS Mehta after considering an action taken report filed on behalf of the Delhi Police. Delhi High Court on Monday issued notice to the Centre and the Delhi Government, while suggesting digital recording of witness statements and effecting recovery by the Delhi Police. To begin with, it is possible that video recordings are made by use of body held/ wearable cameras, simultaneously while continuing to follow the existing procedure for recording of statements of witnesses/ disclosure statements and while effecting the recoveries, etc.” It further clarified that it was not suggesting that digital recording of the proceedings conducted by the police, inter alia, under Section 161 Cr.P.C. It, however, asserted that such a step would definitely be beneficial for the police force, noting, “There is no gainsaying that the digital recording of the proceedings by the police would lend immense credibility to their performance, and instil the desired confidence in the Court as well as litigating public which, often, is missing.” Furthermore, the Court highlighted the fact that storage of digital media in CDs, pen drives or the cloud takes far lesser space than what is required for preservation of manually recorded proceedings.

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History of this topic

S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court
1 month, 2 weeks ago

S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court

Live Law  

The Supreme Court held that an alleged recovery of incriminating materials based on a statement given by the accused en route the police station before the recording of the statement under Section 27 of the Indian Evidence Act at the police station is not admissible.The Court set aside the conviction of an accused in a murder case after noting that …

S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court
1 month, 2 weeks ago

S. 27 Evidence Act | Recovery Based On Statement By Accused Before Recording Of S.27 Disclosure Not Admissible : Supreme Court

Live Law  

The Supreme Court held that an alleged recovery of incriminating materials based on a statement given by the accused en route the police station before the recording of the statement under Section 27 of the Indian Evidence Act at the police station is not admissible.The Court set aside the conviction of an accused in a murder case after noting that …

S.164 CrPC Statement Recorded By Judicial Magistrate Can't Be Retracted By Witness On Flimsy Grounds : Supreme Court
1 month, 2 weeks ago

S.164 CrPC Statement Recorded By Judicial Magistrate Can't Be Retracted By Witness On Flimsy Grounds : Supreme Court

Live Law  

The Supreme Court observed that the statements recorded under Section 164 of Cr.P.C. Upholding the conviction, the Court observed that the retraction from the signed statements before the judicial magistrate under Section 164 Cr.P.C. In the present matter, there is no reasonable ground to reject the statements recorded under Section 164 CrPC and reliance has correctly been placed upon the …

Not Necessary For PMLA Special Court To Record Reasons For Cognizance Of ED's Complaint: Delhi High Court
1 month, 3 weeks ago

Not Necessary For PMLA Special Court To Record Reasons For Cognizance Of ED's Complaint: Delhi High Court

Live Law  

The Delhi High Court has recently held that it is not necessary for the Special Court under PMLA to record its reasons for taking cognizance of Enforcement Directorate complaint, unlike a private complaint under CrPC or BNSS.Justice Chandra Dhari Singh observed that an initial complaint can be filed by ED under Section 44 of the PMLA, even if the investigation …

Delhi riots: HC seeks police stand on accused's plea to preserve case diary
2 months ago

Delhi riots: HC seeks police stand on accused's plea to preserve case diary

Hindustan Times  

New Delhi, The Delhi High Court on Thursday sought the stand of the city police on a plea by a student activist seeking to preserve the case diary of a probe related to the communal riots that had erupted in parts of the city in February 2020. Delhi riots: HC seeks police stand on accused's plea to preserve case diary …

Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC
11 months, 3 weeks 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 …

Delhi High Court Directs District Judges To Ensure Records Of Disposed Cases Are Immediately Transmitted To Record Room
1 year, 2 months ago

Delhi High Court Directs District Judges To Ensure Records Of Disposed Cases Are Immediately Transmitted To Record Room

Live Law  

The Delhi High Court has directed all the District Judges in the national capital to ensure that after disposal of a case, its records are immediately transmitted to the record room. A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula was dealing with a public interest litigation concerning the lack of standardised procedure for the acknowledgment …

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, 7 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, …

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VIII]
1 year, 8 months ago

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VIII]

Live Law  

Q.36 Can a statement recorded as a “dying declaration” be treated as a “statement” under Section 164 Cr.P.C. Q.38 What is the legal status under the Evidence Act of a “confession” or a “statement” recorded under Section 164 Cr.P.C.? While issuing certain general directions to be followed in rape cases, the Supreme Court in State of Karnataka v. Shivanna @ …

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 …

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court
2 years, 1 month 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 …

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. …

Confessional Statement Of Co-Accused; Delhi High Court Quashes Charges Against Chartered Account For Being Speculative
2 years, 4 months ago

Confessional Statement Of Co-Accused; Delhi High Court Quashes Charges Against Chartered Account For Being Speculative

Live Law  

The Delhi High Court has quashed the charges framed against a Chartered Account for aiding his client in money laundering purely on the basis of confessional statements made by a co-accused under Section 164 of the Code of Criminal Procedure, 1973. The petitioner Vinod Kumar Kila filed a writ petition before the Delhi High Court against the charges framed by …

CCTVs Installed In Police Stations Do Not Have Audio Recording Facility: Delhi Police Informs High Court
2 years, 5 months ago

CCTVs Installed In Police Stations Do Not Have Audio Recording Facility: Delhi Police Informs High Court

Live Law  

The Delhi Police has informed the Delhi High Court that the CCTV system already installed in Police Stations and Police Posts does not have audio recording facility.The Court has further been informed that in compliance of the directions issued by the Apex Court, the Delhi Police had already installed 2127 CCTV Cameras, having night vision capability with video footage storage …

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 …

Document Admitted Or Denied By Witness During Cross Examination Cannot Be Returned, Has To Be Necessarily Placed On Court File: Delhi High Court
2 years, 6 months ago

Document Admitted Or Denied By Witness During Cross Examination Cannot Be Returned, Has To Be Necessarily Placed On Court File: Delhi High Court

Live Law  

The Delhi High Court has observed that if a document produced during cross-examination of a witness is admitted or denied by the said witness, such a document cannot be returned and has to be necessarily placed on the Court file.Justice Mini Pushkarna was dealing with an application filed on behalf of the plaintiffs in the civil suit under Section 151 …

Re-Examination Can't Be Used To Give Chance To Witness To Undo Statement Made In Cross Examination & Fill Lacunae In Evidence: Delhi High Court
2 years, 7 months ago

Re-Examination Can't Be Used To Give Chance To Witness To Undo Statement Made In Cross Examination & Fill Lacunae In Evidence: Delhi High Court

Live Law  

The Delhi High Court has observed that the opportunity of re-examination cannot be used to give a chance to a witness to undo its statement made in cross-examination and fill in the lacunae in evidence.Justice Amit Bansal was dealing with a suit filed seeking to injunct the defendants, who were occupants, from unlawfully entering any part of the first floor …

"Fictitious Witnesses" In NDPS Cases: Delhi High Court Seeks Records From NCB, Customs & DRI
2 years, 8 months ago

"Fictitious Witnesses" In NDPS Cases: Delhi High Court Seeks Records From NCB, Customs & DRI

Live Law  

The Delhi High Court on Tuesday directed the Directorate of Revenue Intelligence, the Narcotics Control Bureau and the Customs Department to place on its record a statement of cases under the NDPS Act and the Customs Act which were put to trial by the respective department in various Courts in the city during the last 5 years. The order has …

"Witnesses' Statements Can't Be Discarded Even Though Recorded After More Than One Year": Court Frames Charges Against Six In Delhi Riots Case
2 years, 10 months ago

"Witnesses' Statements Can't Be Discarded Even Though Recorded After More Than One Year": Court Frames Charges Against Six In Delhi Riots Case

Live Law  

A Delhi Court on Friday framed charges against six men in connection with a case concerning the North East Delhi riots of 2020 observing that statements of witnesses cannot be discarded at the stage of framing of charges even though recorded after more than one year of incident of violence. "Even though the statements of these witnesses have been recorded …

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 …

Establishment Of Vulnerable Witness Deposition Courtrooms: SC May Consider The Option Of Monitoring By HC Chief Justices To Ensure Compliance
3 years, 2 months ago

Establishment Of Vulnerable Witness Deposition Courtrooms: SC May Consider The Option Of Monitoring By HC Chief Justices To Ensure Compliance

Live Law  

In connection with the establishment of vulnerable witness deposition courtrooms in every district, the Supreme Court on Monday observed that it may consider requesting the Chief Justices of High Courts to monitor compliance with its 2017 judgment in State of Maharashtra v. Bandu on this behalf. The bench of Justices DY Chandrachud and AS Bopanna was hearing a Miscellaneous Application …

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

"Investigating Agency Cannot Cover Up Flaw By Recording Supplementary Statements": Delhi Court Discharges 10 Men Of Graver Offence In Riots Case
3 years, 3 months ago

"Investigating Agency Cannot Cover Up Flaw By Recording Supplementary Statements": Delhi Court Discharges 10 Men Of Graver Offence In Riots Case

Live Law  

Observing that the investigating agency cannot cover up the flaw in the case by recording supplementary statements, a Delhi Court has discharged ten accused persons in a case concerning North East Delhi riots.Additional Sessions Judge Vinod Yadav discharged accused namely Mohd Shahnawaz, Shahrukh, Rashid, Azad, Ashraf Ali, Parvez, Md. Observing that the investigating agency cannot cover up the flaw in …

Investigating Agency Cannot Introduce Altogether A New Case By Recording Supplementary Statement Of Complainant: Delhi Court Observes In Riots Case
3 years, 3 months ago

Investigating Agency Cannot Introduce Altogether A New Case By Recording Supplementary Statement Of Complainant: Delhi Court Observes In Riots Case

Live Law  

A Delhi Court has observed that the investigating agency cannot introduce altogether a new case simply by recording a supplementary statement of one of the complainants pertaining to an offence, if there was no mention about the same in initial written complaints made to the police. Additional Sessions Judge Vinod Yadav made the observation while discharging a 30 year old …

"People Were Traumatized Due To Communal Tension, Took Them Days To Muster Courage": Delhi Court On Delay In Recording Statements In Riots Case
3 years, 3 months ago

"People Were Traumatized Due To Communal Tension, Took Them Days To Muster Courage": Delhi Court On Delay In Recording Statements In Riots Case

Live Law  

Dealing with a case concerning murder of 21 year old Aaftaf during the North East Delhi riots, a Delhi Court observed that it was difficult for the investigating agency to trace public witnesses promptly for recording of statements as people were shocked and traumatized to the extent that it took them days to muster the courage in reporting the case …

Police Statements Inconsistent With Video Footages, Riots Accused Argue In Delhi High Court Seeking Bail
3 years, 5 months ago

Police Statements Inconsistent With Video Footages, Riots Accused Argue In Delhi High Court Seeking Bail

Live Law  

Contending that there were loopholes and contradictions in Delhi Police's investigation with regards to a Delhi Riots case, an accused seeking regular bail told the Delhi High Court on Friday that nobody in the country is safe if the Court does not take a judicial note of prosecution's manipulation of witnesses and other crucial facets of investigation.The said submission was …

Delhi Court Allows Recording Of Evidence Through VC Mode In Compliance With Delhi High Court Video Conferencing Rules
3 years, 6 months ago

Delhi Court Allows Recording Of Evidence Through VC Mode In Compliance With Delhi High Court Video Conferencing Rules

Live Law  

A Delhi Court has recently allowed recording of evidence through videoconferencing mode on a mutual application moved on behalf of the parties.Stating that the aforesaid exercise will be done in accordance with the videoconferencing Rules framed by the Delhi High Court, Metropolitan Magistrate Devanshu Sajlan ordered thus:"The present matter is a '5-year-old'matter. A Delhi Court has recently allowed recording of …

Delhi High Court Stays Trial Court Proceedings In INX Media Case
3 years, 7 months ago

Delhi High Court Stays Trial Court Proceedings In INX Media Case

Live Law  

The Delhi High Court on Tuesday stayed the trial court proceedings in the INX Media case in CBI's plea seeking setting aside of order passed by the trial court directing CBI to supply copies documents collected or statements recorded by the investigating agency during the course of investigation to the accused persons.A single judge bench comprising of Justice Suresh Kumar …

[Delhi Riots] Delhi Court Questions Police Over Non Maintenance Of Investigation File in Madina Masjid Vandalism Probe, Calls For Status Report
3 years, 9 months ago

[Delhi Riots] Delhi Court Questions Police Over Non Maintenance Of Investigation File in Madina Masjid Vandalism Probe, Calls For Status Report

Live Law  

A Delhi Court on Thursday was surprised over the non maintenance of investigation file especially the case diaries and witnesses statements recorded probably after the last date of hearing in relation to the alleged burning of the Madina Masjid during the north-east Delhi riots that broke in February last year.Additional Sessions Judge Vinod Yadav asked the police to file a …

Though Author Of CFSL Report Need Not Be Examined, It Is Not Admissible In Evidence Unless It Is Exhibited In Trial By A Witness : Delhi High Court
3 years, 11 months ago

Though Author Of CFSL Report Need Not Be Examined, It Is Not Admissible In Evidence Unless It Is Exhibited In Trial By A Witness : Delhi High Court

Live Law  

The Delhi High Court has reiterated that CFSL reports made by Government experts, which are admissible under Section 293 of CrPC without examining the author, are required to be tendered into evidence and cannot be relied upon unless the same was exhibited by some witness during the Course of trial. v. State, where a Division Bench of the High Court …

‘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 …

Delhi riots: Police shares details of protected witnesses in charge sheet copies provided to accused
4 years, 3 months ago

Delhi riots: Police shares details of protected witnesses in charge sheet copies provided to accused

Firstpost  

The court has directed the Special Cell of the Delhi Police to ensure comprehensive safety and security to all the protected witnesses New Delhi: A Delhi court hearing a case related to the Northeast Delhi riots has been informed that the police “inadvertently” put a document which contained the details of some of the protected witnesses in the copies of …

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 …

The Concept Of Video Conferencing Is New But The Courts Have Risen To The Occasion: Delhi HC Notes While Disposing Of Plea Seeking Courts To Hear All Matters [Read Order]
4 years, 7 months ago

The Concept Of Video Conferencing Is New But The Courts Have Risen To The Occasion: Delhi HC Notes While Disposing Of Plea Seeking Courts To Hear All Matters [Read Order]

Live Law  

While disposing of a plea seeking courts to hear all matters, the Delhi High Court observed that the procedure of hearing matters through video conferencing is new to both the court and the counsel and each day throws a new challenge but that is not to say that the High Court and the Subordinate Courts have not risen to the …

Delhi HC To Hear More Type Of Cases During Restricted Functioning [Read Circular]
4 years, 8 months ago

Delhi HC To Hear More Type Of Cases During Restricted Functioning [Read Circular]

Live Law  

For the cause of expanding the nature of matters that are being taken up during the restricted functioning, the Delhi High Court has released a list of new set of matters that can now be taken up for hearing. By the order dated 26/04/20, the court has decided to also start hearing applications in the following matters: Matters related to …

HC seeks Centre, police, AAP govt response on plea to preserve CCTV footage of riots
4 years, 9 months ago

HC seeks Centre, police, AAP govt response on plea to preserve CCTV footage of riots

The Hindu  

The Delhi High Court Monday sought responses from the Centre, the police and the AAP government on a plea seeking directions to Delhi Police to preserve the CCTV footage of the recent riots in northeast Delhi. The plea filed by the Jamiat Ulama-e-Hind said Delhi Police should be directed to preserve CCTV footage of the riot-affected areas from February 23 …

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 …

A Detailed Order Is Not Required Under Sec 228 Of CrPC, If There's A Prima Facie Ground : Delhi HC [Read Order]
5 years, 1 month ago

A Detailed Order Is Not Required Under Sec 228 Of CrPC, If There's A Prima Facie Ground : Delhi HC [Read Order]

Live Law  

Delhi High Court has held that the order of the trial court on charge need not be a lengthy or a detailed one. Such an order should indicate that in the opinion of the trial court a prima facie case is made out. It was contended that no reason has been assigned as to on what basis the trial court …

Defence Evidence: Application U/S 243CrPC Cannot Be Rejected Unless It Is Vexatious, Delayed or Would Defeat The Ends of Justice:Delhi HC
5 years, 6 months ago

Defence Evidence: Application U/S 243CrPC Cannot Be Rejected Unless It Is Vexatious, Delayed or Would Defeat The Ends of Justice:Delhi HC

Live Law  

Delhi High Court has recently observed that issuing process for an application filed under section 243 of the Cr.P.C by the Trial Court was obligatory unless for reasons recorded, it is held that such application is vexatious, delayed or defeats the ends of justice. The order came based on a petition filed against a judgment of a Trial Court which …

Punjab And Haryana HC Directs Police To Record 161 Statement Of Witnesses By Audio Video Means
5 years, 7 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 …

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-IV]
5 years, 8 months ago

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

Live Law  

Read the first part Here Read the Second Part Here Read the third part Here EVIDENTIARY VALUE OF CONFESSION A Confession is ordinarily admissible in evidence. WHAT IS THE LEGAL STATUS UNDER THE EVIDENCE ACT OF A "CONFESSION" OR "STATEMENT" RECORDED UNDER SECTION 164 Cr.P.C.? The "confession" of an accused or the "statement" of a witness recorded under Section 164 …

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-1 - Introduction]
5 years, 9 months ago

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-1 - Introduction]

Live Law  

P R O L O G U E What prompted me to write this Article is an observation made in a recent judgment dated 25-02-2019 rendered by a Division Bench of the Kerala High Court in Criminal Appeal No. In the case on hand, the argument is with reference to statement given by PW2, a child witness to the Magistrate …

Delhi HC Notice To AAP Govt For Not Doing Enough To Enable Consumers Benefit From Consumer Protection Act [Read Order]
6 years, 1 month ago

Delhi HC Notice To AAP Govt For Not Doing Enough To Enable Consumers Benefit From Consumer Protection Act [Read Order]

Live Law  

The Delhi High Court has asked the Delhi government to show cause why rule nisi be not issued against it for its failure to take effective steps to fill up vacancies, adopting summary procedures and providing infrastructure in the various consumer forums to ensure speedy disposal of consumer complaints under the Consumer Protection Act, which is a beneficial legislation.A bench …

Directions to chief secretary to appear before assembly panel not warranted: Delhi high court
6 years, 4 months ago

Directions to chief secretary to appear before assembly panel not warranted: Delhi high court

Hindustan Times  

The Delhi high court on Tuesday said its earlier directions to chief secretary Anshu Prakash to appear before Delhi Assembly’s Privileges Committee were “not warranted” after a plea was filed by the House panel questioning the court’s jurisdiction to produce the video recordings of committee’s proceedings in court. The Delhi high court had earlier directed the House panel to produce …

Delhi HC for digital recording of witness accounts
6 years, 4 months ago

Delhi HC for digital recording of witness accounts

Hindustan Times  

The Delhi High court has issued a notice to the Centre, the Aam Aadmi Party government and the police commissioner of Delhi to look into the issue of replacing the old process of recording the statement of witnesses by the police under Section 161 of the Code of Criminal Procedure with a new system of digital or video recording. The …

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