"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...

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...

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...

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 ...

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...

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...

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 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...

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...

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,...

The supplementary injury report indicates that no radiological bone injury was observed in the skull. A fracture of the left ulna was noted. The ulna is not a vital part of the body. There was ...

Article 356(3) is conceived as a check on the power of the President and also as a safeguard against abuse. In the case where both Houses of Parliament disapprove or do not approve the proclama...

Under Section 107 of the Indian Penal Code, a person shall be deemed to have abetted an act if he instigates any person to do that act, engages one or more other persons in a conspiracy for doing t...

The provision of Section 304B applies when the death of a woman is caused by any burn or bodily injury, or occurs under circumstances other than natural, within seven years of her marriage. It ...

The expression 'Interlocutory Order' under Section 397(2) of the code is to be given a restricted meaning. Orders that are purely procedural, necessary for the progress of the case, such as orders ...

In a criminal application, the High Court is expected to exercise extraordinary jurisdiction very sparingly, particularly in cases of miscarriage of justice or when there is an erroneous approach i...

In P.A. Inamder vs. State of Maharashtra, AIR 2005 SC 3226, the Supreme Court delivered a judgment on 31.10.2002, elucidating the minority status and the issue of autonomy of educational instit...

The voter's right to know the antecedents of candidates is based on the interpretation of Article 19(1)(a), which provides that all citizens of the country have the fundamental right to "f...

The objective of a criminal trial is to mete out justice, convict the guilty, and protect the innocent. Therefore, the trial should be a search for truth, not an overemphasis on technicalities....

The Constitution of India guarantees freedom of speech and expression to every citizen as a fundamental right. While guaranteeing such freedom, it also provides under Article 129 that the Sup...

The Supreme Court would ordinarily be slow to interfere in an order of acquittal. The powers of the appellate court in an appeal against acquittal are no less than in an appeal against convicti...

The Supreme Court held that the Armed Forces (Special Powers) Act (AFSPA) is constitutionally valid. Parliament is competent to enact this Act in view of Entry 1 of the State List and Article 2...

Article 32 of the Constitution confers power on the Supreme Court to issue directions, orders, or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and cer...

The doctrine of indissolubility of marriage under traditional Hindu Law did not recognize that conversion would have the effect of dissolving a Hindu marriage. Conversion to another religion by...

The High Court is required to follow the settled principle of law that, at the stage of quashing an FIR or complaint, it is not justified in embarking upon an inquiry into the probability, reli...

A murder committed due to deeply-seated mutual and personal rivalry may not call for the death penalty. However, organized crime or the mass murder of innocent people should warrant a death sen...

It is clear that the first requirement under Section 9(6) of the Code is that the Session Judge must be of the opinion that it would tend to the general convenience of the parties and witnesses...

Upon reviewing the proviso to Section 126 of the CrPC, it is evident that the court responsible for deciding maintenance matters will also adjudicate petitions filed under the same section and ...

The concept of plea bargaining was not recognized and was against public policy under our criminal justice system. The Supreme Court also observed that the method of short-circuiting the hearin...

The Rule of Law is the fundamental principle of governance for any civilized democratic polity. Our constitutional scheme is based upon the concept of the Rule of Law, which we have adopted and giv...

In cases of adultery, the law expects parties to remain loyal and maintain fidelity throughout, and also identifies the adulterer as the culprit. This expectation by law is a command that gets ...

ADR's motive is to provide socio-economic and political justice, and to maintain integrity in society as enshrined in the preamble. ADR also strives to achieve equal justice and free legal aid ...

Article 39A of the Constitution, which is a Directive Principle of State Policy, provides that the State shall, in particular, direct its policy towards ensuring that the citizens, men an...

The scope of the right to life conferred by Article 21 is wide and far reaching. It does not mean merely that life can not be extinguished or taken away, as, for example, ,by the imposition and exe...

When the State did not file an appeal against the order of acquittal, the de facto complainant was left without any remedy. Given the facts and circumstances of the case, he had no alternative but ...

The sweep of the right to life conferred by Article 21 is expansive and far-reaching. It does not merely imply that life cannot be extinguished or taken away, as, for example, by the imposition and...

Before a person accused of an offense punishable under the TADA Act can be released on bail, two conditions must be fulfilled: The Public Prosecutor must be given an opportunity to oppose the...

As a court of appeal, the Supreme Court is the final appellate tribunal of the land. The power of reviewing and revising the orders of courts and tribunals by the Supreme Court is called Appell...

Submission that the fact that one of the accused arrested along with accused appellant had died in police lock up shows physical torture by police - such submission raised before Supreme court ...

Though the word Person defined in the Indian Penal Code ( S.11) and the General Clauses Act ( 3(42) which are identical and are not exhaustive but an inclusive one, the wirds acused or accused ...

Writ Petition in Public Interest A writ petition in public interest invoking extraordinary original jurisdiction under Article 32 of the Constitution read with Order XXXVII Rules 1 and 12(1) (d) (...

The Modus Operandi For Filling A PIL Can Be Divided In To Two Ways: Filing: A PIL is filed in the same manner as a writ petition is filed either in the Supre Court ( Article 32) or in the Hi...

Quo Warranto: Unveiling Authority The term "Quo Warranto" originates from Latin, meaning "by what authority or warrant." This legal concept involves a writ issued by a court ...

In the following cases where the evidence of the approver was not found natural and was not corroborated by other evidence on the record, the accused were acquitted of the charge under Section ...

They are discretionary writs, but the principles for issuing such writs are well defined. In the preconstitutional era, the jurisdiction to issue the prerogative writs was enjoyed only by three cha...

As the confession was retracted later, it does not necessarily mean that the confession was not voluntary in nature. Whether the accused willingly gave the confession or not must be determined from...

Under Section 15 of the Terrorist and Disruptive Activities (Prevention) Act (TADA), a confessional statement recorded in accordance with the specified requirements becomes admissible, despite ...

Public Interest Litigation (PIL), in simple words, refers to litigation for the benefit of public interest. It can be filed in any Court of Law by any public-spirited person to protect public i...

"There is no doubt that the court below has misdirected himself and materially erred in deciding the whole matter. Admittedly, the protest cum complaint petition was treated by the Additional Chief...

The motive for the offense is discernible from the facts of the case and, for that matter, from the disclosure made by the appellants regarding their visits in search of V, whom they believed was i...

The acceptability of an extrajudicial confession is contingent upon its voluntary nature, the mental fitness of the confessor, and the reliability, trustworthiness, and irreproachability of the evi...

A judgment is the expression of the Court's opinion, arrived at after due consideration of the evidence and all the arguments. Judgment is the final decision of the court, intimated to the parties ...

Scope and evidentiary value of statement - The scope and evidentiary value of the statement recorded under section 67 of the Act can be summarised as under: Statements in the form of confess...

Where appellants and other accused were found together ,but were individually carrying black liquid prima-facie smelling of opium. FSL report was that black substance recovered had 2.8 per cen...

Confession - A confession no doubt can be used as corroborative material but inn the face of the infirmities in the prosecution case ,implicit reliance can not be placed to hold that the prosec...

The expression takes cognizance if an offence used in section 142 of the Act has not been defined. The section 190 of the code of Criminal Procedure also deals with cognizance offences by Magis...

The Supreme Court of India established by Article 124 of the Constitution which specifies it's jurisdiction and power's and enables Parliament to confer further Jurisdiction and power's on it. ...

Where victim child aged two and half years of age and she had gone to buy Toffea and Gutkha with the permission of her mother and the accused was last seen by the shopkeeper and other witnesses w...

All constitutional functionaries have their own constitutional duties in making appointment of judges to the superior judiciary, the role of one of the principle constitutional functionaries, n...

It was no doubt true that the underlined object behind section 313 Crpc, was to enable the Accused to explain any circumstances appearing against the accused in the evidence and his object is b...

The complainant may not disclose the fact which may attract the provision of Section 197(1) , Crpc, but it is always desirable that if a person claims the benefit of section 197(1) , Crpc, then...

There must be reasonable complaint or credible information or reasonable suspicions that the person has been conceived in any cognizable offence. Under section 151 Crpc, the arrest is to prevent t...

It is clear that first' requirements under section 9(6) of the code is that the Sessions Judges must be of the opinion that it would tend to the general convenience of the parties and witnesses...

The Law well settled fairly by the Supreme Court that the High Court will not either under Article 226/227 of the Constitution or under 482 of the Crpc quash a Charge Sheet against an accused p...

Section 362 outs a complete Bar for altering or reviewing if a judgments or final order on merits and the only power given to the Courts is that it can correct a clerical or arithmetical error....

The term family has to be understood in a wider sense so as to include within its fold not only close relation s or legal heirs but even those persons who may have some short of antecedent titl...

An order under r 4 is appealable ( Or 4 r 1(s). But order making the receiver liable for a certain sum ( Ganesh v Satya ,4 PLJ 636) or to pay a certain amount in to Court is not appealable unle...

The contention of amicus curiae was that the motive alleged by the prosecution was very weak and assuming that the incident regarding removal of appellant from the charpai by real brother of de...

The Chemical Examiner does not as rule,give opinion as to the cause of death but merely gives report of the Chemical Examination of the substance sent to him . The report by it self is not crucial....

In the contextual facts, the situation however was slightly different and since the wife Alone could explain the death of the husband in the manner as it was noted. The crowbar was not availabl...

Counsel submitted that in the common object of the unlawful assembly, of which the appellant were members, could not have been to cause death of the death of the deceased but the same could hav...

Criminal negligence is the gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to guard against injury either to the public generally or to an indiv...

Section 149 consists of two parts, the first part of section means that the offence to be committed in prosecution of the common object must be one which is committed with a view to accomplish ...

It is well settled that once it is held that that the accused had the right of private defence and reasonably apprehended that death' or grievous bodily hurt would be the consequences if the ri...

In this case the defence counsel submitted that this was a circumstances in favour of the accused who had obviously displayed affection for the deceased and when he came to know that she was de...

It was needless to emphasize that the requirement of Locus standi of a party' to litigation us mandatory, because the legal capacity of the party to any litigation whether in private or public ...

Clause (1) of the said provision goes to indicate that the seizure of the property should be by the police officer. In the instant case, the seizure, admittedly us not by the police officer but...

What would really be rashness would depend upon varying circumstances. An open straight road and narrow crowded street would require different standards. While on a narrow congested road, walking s...

In the instant case truck hit the scooterist from the wrong side who died leaving behind his widow and children. The tribunal dismissed the claim holding that the truck driver was not rash and ...

High court can not ,in the exercise of its inherent jurisdiction u/s 482 of he code set aside, the order of the Session Court passed in Revision petition. This will in another way amount to per...

Where facts necessary to satisfy the ingredients so constitute an offence under section 420 IPC, were absent in the said complaint. It was held a fit case where the proceedings are to be quashe...

Quashing of the complainant petition has been sought mainly on the ground that the Court has no jurisdiction to take Cognizance of the offence in view of the provisions contained in section 174...

Under subsection 1 of section 401 , the High Court can exercise power conferred on a court of appeal by section s 386, 389,390 and 391 or on a court of Session by section 307. The only rider is...

Under subsection (1) of section 204 Crpc, if in the opinion of the Magistrate taking cognizance of the offence, there was sufficient grounds for proceeding, the Magistrate has the power to issu...

There was no provision in the criminal procedure Code, enabling an Appellate Court to reject an appeal on the ground of no representation. No doubt under section 386 Crpc , the Appellate Court ...

If the High Court issues warrent under section 390 of the Code , following things are to be noted: That while admitting the said the said appeal ,the High Court has already exercised the d...

In State of Kerala vs M M Manikantan Nair , in Supreme Court lays down that section 362 ,Crpc prohibits the Court ,after it has signed it's judgement or final order disposing of a case,from alt...

It was clear from the frame work of the aforesaid subsection that an order under this subsection calling upon a person to furnish Interim bond can be passed only during enquiry i.e after the co...

The term Interlocutory order was explained in view of the Apex Court verdict in Amarnath vs State of Haryana, the term Interlocutory order in section 397(2) has been used in restricted sense an...

Under subsection (1) of section 401 ,the High Court can exercise powers conferred on a court of appeal by section s 386/ 389/ 391 or on a court of Session by section 307. The only rider is that...

The settled position of Law regarding the Power s to be exercised by the High Court in an appeal against the order if acquittal was that though the High court has full powers to review the evid...

In view of the gun shot injuries, sustained on the leg by the victim the accused could not be convicted under section 307 ,IPC, but since he caused hurt by a fire arm, he was held liable to be conv...

Where eye witnesses were consistent and there was no material contradictions in their Evidence s to disbelieve them ,the mere non examination of the doctor who treated the deceased did not adve...

The law obligates the competent Authority to apply it s mind to the facts and circumstances of the case before granting sanction. Before granting sanctioning authority was required to first ascerta...

The decision in A.R Antulay case was not rendered in the context of the competency , jurisdiction or authority of this court dealing with a substantial appeal against the judgments of the Court...

The admissibility or otherwise of a piece of evidence has to be judged having regard to the provision s of the Evidence Act. The Evidence Act or the Code of Criminal Procedure or for that matte...

Investigation of the case not to be hammered by granting of anticipatory Bail. The anticipatory bail was normally denied if the grant thereof would thwart the investigation of the case. In t...

The principle of proportion between crime and Punishment was a principle of just desert that serves as the foundation of every criminal sentence that is justiciable. As a principle of criminal ...

Executive Magistrate should not forget that they are also expected to act in accordance with Law with fairness and in judicious manner. Their orders and record should bear an express live conce...

The court in exercise of inherent power s u/s 482 Crpc would not embark upon the inquiry whether or not the statement of witness can be believed. It is function of the Trial Court. At appropria...