Soumya

Soumya

Member since: July 9, 2023
Total live articles: 214

Recent Articles by Soumya

Section 433 Crpc: The Tale of Kesar Singh's Legal Odyssey

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"Premature release under Section 433 is not a matter of right; rather, it is entirely at the discretion of the Government. The court cannot issue any mandatory direction compelling the Government t...

When HC Will Not Interfere In Revision

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The High Court (HC) will not interfere in revision unless it is satisfied that it is necessary to do so, to prevent an otherwise irreparable injustice. - Kuppuswami ILR 39 MAD 561, Narain ILR 4...

Bail And Suspension Of Execution Of Sentence

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Section 389 deals with the suspension of the execution of a sentence pending an appeal and the release of the appellant on bail. There is a distinction between bail and the suspension of a sent...

Remission: The Unyielding Power of Presidential Pardon

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The accused shall be free to seek appropriate redress from the Government by making a representation for pardon or remission of sentence under Section 432 of the Code of Criminal Procedure, or ...

Court Of Competent Jurisdiction

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The expression does not exclude the Magistrate who originally tried the accused if he was otherwise competent to try - Fakir 1952 Cr LJ 1352 (Kuch). Whether a retrial before the same Magistrate...

Review: The High Court's Final Say on Its Own Judgments

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The Supreme Court has observed that, upon reading Section 362, which by the force of Section 387 is also applicable to judgments on appeal, it follows that the appellate court, like the trial c...

Ingrains of Section 420 And 406 not attracted

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The other offenses under Section 406 of the IPC relate to criminal breach of trust. Criminal breach of trust is defined in Section 403 of the IPC. To constitute the offense of criminal breach o...

The Prosecution In The Facts Of Present Case

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The court had reviewed the evidence on record. The prosecution's case relies on the sole testimony of P.W. 1, the victim. She stated that the appellant, along with another individual, entered h...

All The Accused Identified By One Witness: The Existence Of Minor Discrepanci...

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Upon reviewing the decisions mentioned above, it became apparent that identification through Test Identification Parades (TIP) served merely as corroborative evidence to support the identificat...

When Justice Hangs in the Balance: The Tale of a Young Bride's Tragic Demise ...

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Currently, a young bride of 20, within three months of her marriage, has died under circumstances that, upon initial examination, seem to rule out the possibility of a natural death. Evidently,...

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Popular Articles by Soumya

Section 162 And 164: Confession

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As the confession was retracted later, it does not necessarily mean that the confession was not v...

Whether Under Article 32: The Supreme Co...

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Article 32 of the constitution confers power on the Supreme Court to issue direction s or order...

Transfer Of A Particular Case

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The purpose of sec 24 CPC , merely to confer on the court, a discretionary power. A court actin...

Object Of Trial: The Quest For Truth And...

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The objective of a criminal trial is to mete out justice, convict the guilty, and protect the i...

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