Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]
7 years, 4 months ago

Period Undergone By A Convict While He Was In Detention As Under Trial Could Be Set Off Under Section 428 CrPC: SC [Read Judgment]

Live Law  

In State of UP Vs. Tribhuwan, the Supreme Court has held that period already undergone by a convict while he was in detention, as under-trial and as convict, could be treated as jail sentence once awarded to him and its benefit by way of set off could be given to him under Section 428 of Code.The state had, before the Apex Court, assailed a High Court judgment wherein it had upheld conviction. In State of UP Vs. Tribhuwan, the Supreme Court has held that period already undergone by a convict while he was in detention, as under-trial and as convict, could be treated as jail sentence once awarded to him and its benefit by way of set off could be given to him under Section 428 of Code. The state had, before the Apex Court, assailed a High Court judgment wherein it had upheld conviction of one of the accused for an offence punishable under Section 325 read with Section 149 IPC, but aside the jail sentence of four years awarded to him and substituted the same by imposing only a fine of Rs.10,000/-. vs. Najakat Alia Mubarak Ali, also observed that the period already undergone by the convict while he was in detention, as under-trial and as convict, was also a jail sentence and could be treated as jail sentence once awarded to him under Section 325IPC, and accordingly its benefit by way of set off could be given to him under Section 428 of Code.

High Court Court State Set Bench Four Years Read 40 Days Convict Jail Sentence Its Benefit Section 428 Of Code  judgment  court  read  jail  sentence  period  trial  awarded  sc  set  undergone  undertrial  detention  state  crpc  convict

History of this topic

Thane court sentences man to 20 years RI for sexually assault of 6-year-old girl
5 days, 16 hours ago

Thane court sentences man to 20 years RI for sexually assault of 6-year-old girl

Hindustan Times  

Thane, A special court in Maharashtra's Thane district sentenced a man to 20 years of rigorous imprisonment for aggravated sexual assault of a six-year-old girl. Thane court sentences man to 20 years RI for sexually assault of 6-year-old girl Special judge D S Deshmukh found the 38-year-old accused, a resident of Bhayandar, guilty of charges under sections 376 and 376 …

When Conviction Is Under Both POCSO Act & IPC, Offender Liable To Be Sentenced Under Provision Prescribing Higher Punishment : Supreme Court
1 week, 6 days ago

When Conviction Is Under Both POCSO Act & IPC, Offender Liable To Be Sentenced Under Provision Prescribing Higher Punishment : Supreme Court

Live Law  

The Supreme Court clarified that when a person is convicted for an offence under both the Protection of Children from Sexual Offences Act, 2012 and the rape provisions of the IPC, Section 42 of the POCSO Act mandates the imposition of the higher degree of punishment prescribed either under the POCSO Act or Indian Penal Code. “Section 42 specifically deals …

No Rigid Rule That Convict Should Undergo Half Of Sentence For Bail At Appellate Stage : Supreme Court
1 month, 1 week ago

No Rigid Rule That Convict Should Undergo Half Of Sentence For Bail At Appellate Stage : Supreme Court

Live Law  

The Supreme Court has clarified that to suspend sentence during the pendency of appeal, a rigid rule cannot be applied that the convict must have undergone half of the substantive sentence. "If we interpret the judgment of this Court in such a manner, the Courts will be powerless to grant bail or relief of suspension of sentence even if a …

Prisoners can be granted leave irrespective of their pending appeals against conviction, rules Madras High Court
1 month, 1 week ago

Prisoners can be granted leave irrespective of their pending appeals against conviction, rules Madras High Court

The Hindu  

Convicts can be granted ordinary as well as emergency leave even if their appeals, against the conviction, were pending either before the High Court or the Supreme Court provided they were not facing trial in any other case, a Full Bench of the Madras High Court has held. The Full Bench agreed with State Public Prosecutor Hasan Mohamed Jinnah that …

Man gets 30 years imprisonment for raping minor
Trending News
1 month, 3 weeks ago

Man gets 30 years imprisonment for raping minor

The Hindu  

An Additional District and Sessions Court in Kalaburagi has sentenced a 21-year-old man to 30-year imprisonment and imposed a fine of ₹36,000 on him for raping a minor girl. As per the information provided by Shantaveer Tuppad, the Public Prosecutor in the case, Anil Karagar, a resident of Navanihal at Kamalapur taluk in Kalaburagi district, sexually assaulted a girl who …

Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court
1 month, 3 weeks ago

Accused In Cheque Bounce Cases Should Not Be Equated With Those Convicted Under Other Penal Statutes: Karnataka High Court

Live Law  

the Courts while exercising its discretion at the time of passing the appropriate sentence in a given case, is entitled to use its discretionary power in awarding imprisonment or fine or with both. The Karnataka High Court recently observed that an accused who has suffered an order of conviction in a prosecution under Section 138 of the Negotiable Instruments Act …

Benefit Of First Proviso To Section 479 BNSS Cannot Be Applied Retrospectively To Convicted Prisoners: Kerala High Court
1 month, 3 weeks ago

Benefit Of First Proviso To Section 479 BNSS Cannot Be Applied Retrospectively To Convicted Prisoners: Kerala High Court

Live Law  

The Kerala High Court recently held that the benefit of Section 479 of BNSS, particularly the first proviso thereof, cannot be applied retrospectively to convicted prisoners. He pleaded before the Court to suspend his sentence as per the first proviso of Section 479 of BNSS. “The Apex Court as per the aforesaid order has extended the benefit of the first …

Court sentences man to 20 years rigorous RI in POCSO case
1 month, 3 weeks ago

Court sentences man to 20 years rigorous RI in POCSO case

Deccan Chronicle  

Hyderabad: A special court for POCSO Act cases sentenced a 32-year-old person to 20 years rigorous imprisonment for raping a five-year-old girl at his house in Secunderabad in November 2023. Special Sessions Judge for POCSO Act cases, B. Pushpalatha, held the accused guilty for the offence punishable under Section 5 read with Section 6 of POCSO Act and Section 376-AB …

Court sentences rape convict to jail time already undergone
2 months ago

Court sentences rape convict to jail time already undergone

Hindustan Times  

New Delhi, A Delhi court has sentenced a convict in a minor's rape case to five years' imprisonment which he already underwent observing it must not be swayed by emotions and follow judicial principles. Court sentences rape convict to jail time already undergone The verdict paves way for the release of the 40-year-old convict. "I consider a sentence of imprisonment …

Supreme Court Expresses Shock At Trial Court In Gujarat Imposing Only 3 Years Sentence For Rape
2 months, 1 week ago

Supreme Court Expresses Shock At Trial Court In Gujarat Imposing Only 3 Years Sentence For Rape

Live Law  

The Supreme Court recently expressed its surprise at noting that a trial court awarded only a punishment of three years imprisonment for the offence of rape under Section 376 of the Indian Penal Code, although the minimum punishment prescribed for the offence was seven years imprisonment. The Court was also aghast to note that the Gujarat High Court did not …

2 persons get rigorous life imprisonment in murder case in Chevella
2 months, 3 weeks ago

2 persons get rigorous life imprisonment in murder case in Chevella

Deccan Chronicle  

Hyderabad: In a significant judgment, the X Additional District and Sessions Judge in Ranga Reddy district sentenced two persons - ‎Guduru Kumar and Kotha Kurva Ramachandraiah to undergo rigorous life imprisonment and to pay a fine of Rs.5,000 in a murder case that took place in Chevella. In default of payment of fine, they must undergo simple imprisonment for one …

Ensure release of prisoners languishing unnecessarily in jails: HC
3 months, 1 week ago

Ensure release of prisoners languishing unnecessarily in jails: HC

Deccan Chronicle  

The Madras High Court has asked its Registrar General to ensure that the process for release of prisoners languishing unnecessarily in jails was accelerated by completing the formalities.Filing of necessary petitions through the Legal Aid Services before the competent court should also be ensured.A division bench comprising Justices S M Subramaniam and M Jyothiraman passed the order on Monday on …

Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court
3 months, 3 weeks ago

Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court

Live Law  

The Supreme Court recently clarified that it has not laid down any proposition that post-conviction bail can be granted only if the convict has undergone half of the sentence.While considering a petition challenging the refusal of the Madhya Pradesh High Court to suspend sentence, the Court observed that the High Court has misunderstood its decision in Atul @ Ashutosh v. …

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case
4 months, 1 week ago

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case

Live Law  

Rajasthan High Court has allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480 BNSS, since the trial did not conclude within sixty days from the date fixed for taking evidence in the case and the accused was in custody for more than two years. Section 480 BNSS provides that in …

Brutal Raping Case in Jalaun: Life Sentence for 60-Year-Old Accused
4 months, 3 weeks ago

Brutal Raping Case in Jalaun: Life Sentence for 60-Year-Old Accused

Hindustan Times  

A 60-year-old man has been sentenced to life imprisonment for the rape of a 6-year-old girl in Jalaun district, Uttar Pradesh. The verdict was delivered by a special Protection of Children from Sexual Offenses Act (POCSO) court judge, Mohammad Quamar, following a swift trial that concluded in just three months.

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
5 months ago

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant

Live Law  

The Allahabad High Court has ruled that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused facing an arrest warrant or proclamation under Section 82 CrPC. The court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice.

SC fast-tracks process for release of undertrials under new criminal laws
7 months ago

SC fast-tracks process for release of undertrials under new criminal laws

Hindustan Times  

New Delhi: The Supreme Court on Friday fast-tracked the premature release of undertrials and first-time offenders who have completed half or one-third of their maximum sentence by directing the jail superintendents across the country to process applications of all eligible prisoners under the newly enacted Bharatiya Nagarik Suraksha Sanhita within two months. This comes after the Centre on Friday informed …

HC stays execution of sentence given to AAP MP Sanjay Singh
7 months ago

HC stays execution of sentence given to AAP MP Sanjay Singh

Hindustan Times  

Lucknow The Lucknow bench of the Allahabad high court on Thursday stayed execution of the sentence awarded to AAP MP Sanjay Singh in a criminal case till further orders, subject to furnishing a personal bond of Rs. Justice Karunesh Singh Pawar passed the order admitting a criminal revision moved by Sanjay Singh challenging the trial court and the appellate court’s …

26-year-old man sentenced to 20 years in prison for rape of PU student, extortion
7 months, 2 weeks ago

26-year-old man sentenced to 20 years in prison for rape of PU student, extortion

The Hindu  

Udupi Additional District and Sessions Judge, Fast Track Sessions Court, Srinivasa Suvarna, sentenced 26-year-old Sachin Poojary to 20 years of rigorous imprisonment for raping a PU student and extorting money and jewellery from her by threatening to release the latter’s obscene photos on social media. On August 3, the judge sentenced Sachin to 20 years’ imprisonment and imposed a fine …

MP High Court Asks Sessions Judge To Explain Why She Awarded Lesser Than Prescribed Minimum Sentence For Rape
7 months, 3 weeks ago

MP High Court Asks Sessions Judge To Explain Why She Awarded Lesser Than Prescribed Minimum Sentence For Rape

Live Law  

In a criminal appeal filed against a rape conviction and for suspension of sentence, Madhya Pradesh High Court has called for an explanation from the Sessions Judge, Dindori, as to why lesser than the minimum prescribed statutory sentence for offence of rape under Section 376 IPC was awarded to the convict. The single-judge bench of Justice Dinesh Kumar Paliwal observed …

S. 307 IPC | Sentencing Court Not Imposing Life Imprisonment On Convict Cannot Impose Sentence Beyond 10 Years: Supreme Court
8 months ago

S. 307 IPC | Sentencing Court Not Imposing Life Imprisonment On Convict Cannot Impose Sentence Beyond 10 Years: Supreme Court

Live Law  

The Supreme Court held that when the sentencing court doesn't deem fit to impose a life sentence for committing an offence of attempt to murder, then the maximum sentence that can be imposed on the convict for committing an offence of attempt to murder could not extend beyond the period of 10 years. In essence, the court said that the …

“Incarcerated For More Than 7 Yrs, Longer Than Maximum Sentence”: Bombay HC Grants Bail To Conman Sukesh Chandrashekhar In 2015 Ponzi Scheme Case
8 months, 2 weeks ago

“Incarcerated For More Than 7 Yrs, Longer Than Maximum Sentence”: Bombay HC Grants Bail To Conman Sukesh Chandrashekhar In 2015 Ponzi Scheme Case

Live Law  

The Bombay High Court on Thursday granted bail to alleged conman Sukesh Chandra Shekhar, booked in a cheating case lodged against him in May 2015 for duping investors in a Ponzi Scheme. A rough and ready calculation of the total period of incarceration suffered by the applicant, in the context of the present case, leads to the period of about …

S. 357 Cr.P.C. | Payment Of Compensation To Victim Not A Factor To Reduce Convict's Sentence : Supreme Court
10 months, 1 week ago

S. 357 Cr.P.C. | Payment Of Compensation To Victim Not A Factor To Reduce Convict's Sentence : Supreme Court

Live Law  

The Supreme Court held that an order for the convict to pay compensation to the victim would not result in the reduction of the sentence imposed on the convict.“In criminal proceedings the courts should not conflate sentence with compensation to victims. The Supreme Court held that an order for the convict to pay compensation to the victim would not result …

Suspension Of Sentence Exception In Serious Offences, S.389 CrPC Not To Be Invoked Merely Because Convict Was In Jail For Long : Supreme Court
10 months, 3 weeks ago

Suspension Of Sentence Exception In Serious Offences, S.389 CrPC Not To Be Invoked Merely Because Convict Was In Jail For Long : Supreme Court

Live Law  

The Supreme Court observed that factors of the likelihood of delay and incarceration for a particular period should not be a sole consideration while deciding the plea of the accused to suspend the sentence pending the appeal against the conviction under Section 389 of Cr.P.C.“On its perusal, we are of the opinion that factors like nature of the offence held …

Patna HC Orders 2 Judicial Officers To Pay ₹200 As 'Token' Compensation To Man For Subjecting Him To Unjustifiable Trial U/S 498A IPC
10 months, 3 weeks ago

Patna HC Orders 2 Judicial Officers To Pay ₹200 As 'Token' Compensation To Man For Subjecting Him To Unjustifiable Trial U/S 498A IPC

Live Law  

In a one-of-a-kind order, the Patna High Court has directed two judicial officers of the state to pay compensation of ₹100 each to a man subjected to an unjustifiable trial under Section 498A of the Indian Penal Code. The Court added that the amount of compensation was being fixed as a “token” to remind the concerned Judicial Officers that before …

From controversy to conviction – the downfall of IPS officer, Sanjiv Bhatt
11 months, 2 weeks ago

From controversy to conviction – the downfall of IPS officer, Sanjiv Bhatt

Hindustan Times  

Sacked IPS officer Sanjiv Bhatt was handed a 20-year prison sentence last week by a special court in Palanpur, Banaskantha district, for his involvement in fabricating a false case under the Narcotic Drugs and Psychotropic Substances Act against a lawyer. The Palanpur court took into account Bhatt's criminal record, which included a conviction in a 1990 custodial death case in …

Supreme Court Summarises Factors To Decide Term Of Sentence Convicts Must Undergo Before Remission In Murder Cases
1 year ago

Supreme Court Summarises Factors To Decide Term Of Sentence Convicts Must Undergo Before Remission In Murder Cases

Live Law  

The Supreme Court, in its verdict, recapitulated certain factors that the courts considered while deciding convicts' period of sentence before remission could be sought. The judgment authored by Justice Vishwanathan recorded: "Illustratively in the process of arriving at the number of years as the most appropriate for the case at hand, which the convict will have to undergo before which …

Delhi court rejects bail plea of Sharjeel Imam in sedition case
1 year, 1 month ago

Delhi court rejects bail plea of Sharjeel Imam in sedition case

Hindustan Times  

New Delhi: A Delhi court on Saturday denied statutory bail to Sharjeel Imam in a sedition case filed against him for allegedly giving inflammatory speeches at various places in Delhi, including at Delhi’s Jamia area and Aligarh Muslim University, during the anti-CAA protests in 2019-2020. Sharjeel Imam was arrested in January 2020 Imam had moved the court under section 436A …

Supreme Court Sentences Man Who Raped 7 Year Old Girl In Temple To 30 Years Imprisonment
1 year, 1 month ago

Supreme Court Sentences Man Who Raped 7 Year Old Girl In Temple To 30 Years Imprisonment

Live Law  

In a horrifying incident where a 40-year-old man raped a seven-year-old Child, the Supreme Court imposed the sentence of 30 years of rigorous imprisonment with a fine of Rupees One Lakh. When such an act was done by the petitioner, who was then aged 40 years and X who was then aged only 7 years and the evidence that when …

Special Parole Granted During COVID Can't Be Counted While Calculating Period Of Imprisonment: Orissa High Court
1 year, 3 months ago

Special Parole Granted During COVID Can't Be Counted While Calculating Period Of Imprisonment: Orissa High Court

Live Law  

The Orissa High Court clarified that the period of special parole availed by prisoners due to the outbreak of the COVID-19 pandemic cannot be counted as a period of imprisonment and thus, while counting the period of imprisonment undergone by a convict, the special parole period has to be excluded. While denying relief to the petitioner who urged the Court …

Calcutta High Court Directs Sentence Review Board To Reconsider Plea For Remission Of Man Who Has Spent 23 Yrs In Jail
1 year, 7 months ago

Calcutta High Court Directs Sentence Review Board To Reconsider Plea For Remission Of Man Who Has Spent 23 Yrs In Jail

Live Law  

The Calcutta High Court has recently directed the West Bengal State Sentence Review Board to reconsider the plea of a petitioner, who has spent 23 years in incarceration, for remission of sentence, upon noting that the Board which had considered the plea was not only improperly constituted, but had also failed to consider the National Human Rights Commission Guidelines on …

Bombay High Court Orders Release Of 30-Yr-Old Convicted In 41 Theft Cases And Sentenced To Over 83 Yrs Imprisonment
1 year, 8 months ago

Bombay High Court Orders Release Of 30-Yr-Old Convicted In 41 Theft Cases And Sentenced To Over 83 Yrs Imprisonment

Live Law  

The Bombay High Court has ordered the release of a 30-year-old man convicted in 41 theft cases and sentenced to over 83 year in prison, as the trial courts did not order his sentences to run concurrently. “if the petitioner is permitted to undergo imprisonment in all the aforesaid cases, he would be compelled to undergo imprisonment of approximately 83 …

‘Travesty of justice’: Bombay HC frees 30-yr-old Pune man sentenced to 83 years
1 year, 8 months ago

‘Travesty of justice’: Bombay HC frees 30-yr-old Pune man sentenced to 83 years

Hindustan Times  

MUMBAI: A 30-year-old Pune resident sentenced to 83 years in jail in 41 theft cases was ordered to be released by the Bombay high court, observing that if the bench did not interfere, it will result in a serious miscarriage of justice. Aslam Salim Shaikh approached the Bombay high court in 2022, complaining that he was illiterate, too poor to …

Court May Sentence Accused To Lesser Offence Than Charged But Can't Sentence For Higher Offence Without Altering Charge: Karnataka High Court
1 year, 9 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 …

Rajasthan High Court Sets Aside Conviction Of Six In Dacoity Case Over 21 Years After Trial Court Verdict
1 year, 9 months ago

Rajasthan High Court Sets Aside Conviction Of Six In Dacoity Case Over 21 Years After Trial Court Verdict

Live Law  

Nearly 23 years after the case was registered, the Rajasthan High Court recently set aside the conviction under Section 395 of IPC of six accused persons including one deceased person on the ground that the prosecution evidence on record was not sufficient enough to substantiate the charge alleged against the accused persons. The single judge bench of Justice Farjand Ali …

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court
1 year, 10 months ago

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court

Live Law  

The Supreme Court has held that in order to suspend the substantive order of sentence under Section 389 of the Criminal Procedure Code, there ought to be something apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable. It also …

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases
2 years ago

Punjab And Haryana High Court Relaxes Norm On 'Mandatory Custody' For Suspension Of Sentence In NDPS Cases

Live Law  

A division bench comprising of Justices M.S. Ramachandra Rao and Sukhvinder Kaur of the Punjab and Haryana High Court has held that the norm of undergoing minimum mandatory period of custody of 6 years for consideration of grant of relief of suspension of sentence in cases where there is conscious possession of commercial quantity of contraband RCR 316) is liable …

If Life Imprisonment Is Imposed On Murder Convict, Term Sentence For Other Offences Runs Concurrently: Karnataka High Court
2 years ago

If Life Imprisonment Is Imposed On Murder Convict, Term Sentence For Other Offences Runs Concurrently: Karnataka High Court

Live Law  

The Karnataka High Court has clarified that if a term of life imprisonment under section 302 of Indian Penal Code is imposed on an accused and another fixed term sentence is imposed for another charge, then both sentences will run concurrently and not consecutively. The Sessions Court in terms of its order dated 09.12.2010, convicted the petitioners herein and sentenced …

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court
2 years, 2 months ago

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court

Live Law  

The Karnataka High Court has enhanced the sentence of five years imposed by the special court on an accused convicted under the Protection of Children From Sexual Offences, Act, observing that when the statute has prescribed a minimum sentence of seven years for the offence punishable, the Special Judge did not have any power whatsoever to reduce minimum sentence to …

Parole period to be excluded for considering actual imprisonment: Supreme Court
2 years, 2 months ago

Parole period to be excluded for considering actual imprisonment: Supreme Court

India Today  

The Supreme Court on Thursday held that the parole undergone by the convicts will be excluded for the purpose of considering 14 years of actual imprisonment in cases regarding premature release of convicts under Goa Prisons Rules, 2006. In the present case, several convicts undergoing life imprisonment were released on parole under the provisions of Goa Prisons Rules, 2006 and …

Parole Period Can't Be Included In Period Of Actual Imprisonment : Supreme Court
2 years, 2 months ago

Parole Period Can't Be Included In Period Of Actual Imprisonment : Supreme Court

Live Law  

On Thursday, the Supreme Court held that the Parole period has to be excluded from the period of sentence under the Goa Prison Rules, 2006 while considering 14 years of imprisonment for premature release. A Bench of Justices MR Shah and CT Ravikumar held that if the parole period is included as part of the sentence period, then any prisoner …

Supreme Court Quarterly Complete Criminal Digest [July - September 2022]
2 years, 4 months 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 …

Rape & Murder Of 4 Year Old Girl : SC Clarifies Order Commuting Death Penalty, Convict To Undergo 20 Years Imprisonment For Rape Offences
2 years, 4 months ago

Rape & Murder Of 4 Year Old Girl : SC Clarifies Order Commuting Death Penalty, Convict To Undergo 20 Years Imprisonment For Rape Offences

Live Law  

The Supreme Court, recently, clarified its judgment dated 19.04.2022 wherein death sentence awarded to a man convicted for raping and murdering a four year old girl was commuted to life imprisonment.In the said judgment, the Court had commuted the death sentence imposed for the offence of murder under Section 302 of the Indian Penal Code as life imprisonment. The Supreme …

Seven Years After Release, Delhi High Court Sentences Man To 5 Years In Jail For Sexual Assault Of 4-Year-Old
2 years, 5 months ago

Seven Years After Release, Delhi High Court Sentences Man To 5 Years In Jail For Sexual Assault Of 4-Year-Old

Live Law  

More than 7 years after he was released on probation — even though he had spent just nine months in jail, the Delhi High Court has sentenced the man to five years rigorous imprisonment for sexually assaulting a four-year-old minor victim.The man was convicted for the offences under Section 363 of Indian Penal Code, 1860 and Section 10 of Indian …

Magistrate Must Not Authorise Detention Casually In Offences Punishable With Imprisonment Less Than 7 Years: Gujarat HC Reiterates
2 years, 6 months ago

Magistrate Must Not Authorise Detention Casually In Offences Punishable With Imprisonment Less Than 7 Years: Gujarat HC Reiterates

Live Law  

The Gujarat High Court has reiterated that where the offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine, Police officers must not arrest accused unnecessarily and Magistrate must not authorise detention casually and mechanically. The Bench comprising Justice AC Joshi refused to …

Release all life convicts after 10 years in jail unless …: Supreme Court
2 years, 6 months ago

Release all life convicts after 10 years in jail unless …: Supreme Court

India Today  

All convicts who have served 10 years of their life sentence and have appeals pending before courts must be granted bail unless there are reasons to deny it, the Supreme Court said as it looks to decongest the overcrowding in jails. A division bench of Justices Sanjay Kishan Kaul and Abhay Shreeniwas Oka was hearing a batch of petitions of …

Suspension Of Sentence U/S 389 CrPC Need Not Be Considered In Heinous Cases Unless Appeal Remains Undecided For 5/6 Years: J&K&L High Court
2 years, 6 months ago

Suspension Of Sentence U/S 389 CrPC Need Not Be Considered In Heinous Cases Unless Appeal Remains Undecided For 5/6 Years: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that it has only to be after 5/6 years in case the appeal is not disposed of, that suspension of sentence and grant of bail under Section 389 CrPC be considered, in a heinous case like murder. The bench comprising Justices Ali Mohammad Magrey and MD Akram Chowdhary was hearing …

JJ Act | "Heinous Offence" Is One Where Peremptorily Punishment Is Imprisonment Upto 7 Yrs Or More: Punjab & Haryana High Court
2 years, 6 months ago

JJ Act | "Heinous Offence" Is One Where Peremptorily Punishment Is Imprisonment Upto 7 Yrs Or More: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court recently held that when the accused had, while committing the offence of lurking house trespass by night or house-breaking by night, also voluntarily caused or attempted to cause death, then the convicting Court can per-emptorily impose a sentence of life imprisonment, upon the juvenile in conflict with law. The bench comprising Justice Sureshwar Thakur further …

Faced "Agony Of Trial" For 9.5 Yrs: Punjab & Haryana High Court Reduces Sentence In Rash & Negligent Driving Case
2 years, 6 months ago

Faced "Agony Of Trial" For 9.5 Yrs: Punjab & Haryana High Court Reduces Sentence In Rash & Negligent Driving Case

Live Law  

Taking into consideration the "agony of trial" faced by the petitioner, who was convicted in a rash and negligent driving case, the Punjab and Haryana High Court has reduced the sentence of 1 year to the period of detention already undergone, i.e., 6 months. The bench comprising Justice Harnaresh Singh Gill relied on the view taken by the Apex Court …

"No Accused Is Incapable Of Being Reformed": Allahabad HC Modifies Sentence From Life Term To 10 Yr In S. 304 Part 1 IPC Conviction Case
2 years, 7 months ago

"No Accused Is Incapable Of Being Reformed": Allahabad HC Modifies Sentence From Life Term To 10 Yr In S. 304 Part 1 IPC Conviction Case

Live Law  

".no accused person is incapable of being reformed and therefore, all measures should be applied to give them an opportunity of reformation in order to bring them in the social stream," the Allahabad High Court recently observed as it modified the sentence of an accused convicted under Section 304 Part 1 IPC.The bench of Justice Dr. Kaushal Jayendra Thaker and …

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