accused
Allahabad HC directs State to reconsider premature release of 79-year-old accused who was incarcerated for 25 years
“The impugned order is a stereotype order which is passed in almost every case by the State Government without application of mind.”
[Mumbai Twin Blast] Delhi HC rejects petition filed by death row convict seeking copy of alleged Intelligence Bureau report suggesting false implication of accused persons
“The premise on which the petitioner is relying, the publishing of such newspaper article, cannot be taken as gospel truth.”
“Accused who has been discharged or acquitted honourably has a right to dignity” Karnataka HC directs Registrar to mask party’s name in the Court’s digital records
Mere erasure of the name of the petitioner in the cause title, does not mean that he is entitled to seek such erasure from the police records. “The direction would be only to enable the internet to forget, like the humans forget. If it is allowed to stay on record, the internet will never permit the humans to forget”.
Reasonable opportunity should be given to accused to fulfill conditions of bail: Orissa High Court
Bail was granted to the accused on 03-10-2023, however, the bail bond was not accepted by the Trial Court for a delay of three days in complying with the conditions of bail.
[Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023] Delhi HC suggests Select Committee to replace “shall” with “may” and “bail or bail bond” with “personal bond with or without surety”
“It is observed that in Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, the word “shall” means “it is mandatory for the accused to furnish bail bond with surety”.”
‘Criminal antecedents of accused cannot be sole consideration to decline quashment of proceedings’; SC Observes
“FIR in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial and the delay in the registration of the FIR, by itself, cannot be a ground for quashing of the FIR”.
What is the importance of motive in a case based on circumstantial evidence? J&K and Ladakh HC answers
The Court stated that motive assumes great importance in a case based on circumstantial evidence as without motive, chain of events is incomplete.
Suggestions to witness by defence and reply to the same forms part of evidence to determine guilt of accused; SC upholds conviction in murder case
Supreme Court was quick to clarify that if prosecution was unable to prove its case on its own legs, then it won’t be able to derive advantage from the weakness of the defence and the Court would not be able to convict the accused on the strength of the evidence in the form of reply to the suggestions made by the defence counsel to a witness.
Whether employees of a company alone can be prosecuted and held liable without arraignment of the company as an accused? J&K and Ladakh High Court answers
The Jammu and Kashmir and Ladakh High Court held that vicarious liability of a company’s directors can be imputed as per the statutory provisions in cases where a company is an offender.
Delhi High Court | Statement made under Sec 164 CrPC disclosing commission of rape is sufficient to frame charges under Sec 376 IPC
Delhi High Court: In a case where revision petition was filed against the order passed by the Trial Court by
Delhi High Court upholds 12-year imprisonment awarded to father guilty of raping his minor daughter
Delhi High Court: In an appeal challenging the order passed by the Additional Sessions Judge convicting the Father (Appellant) under
Delay in adopting the Draft Criminal Practice Rules cannot prejudice already recognized rights of an accused, holds SC in a 2: 1 verdict; Justice Bela M. Trivedi dissents
Supreme Court: In a case wherein concern was raised regarding common deficiencies and practices adopted by trial courts during criminal
[CAA-NRC Protest] Delhi Court denies bail to Saleem Malik due to sufficient incriminating material against him in North-East Delhi Riot case
Karkardooma Court, Delhi: In a bail application moved on behalf of applicant/accused Saleem Malik @ Munna under Section 437 Code
Preliminary inquiry & opportunity of hearing to would-be accused under Section 340 CrPC: Whether mandatory? Supreme Court answers
“The scenario is that any order or judgment passed by this Court becomes a reportable exercise to create more volumes of reported cases! This thus has a possibility at times of causing some confusion on the legal principles prevalent.”
Punjab & Haryana High Court grants bail to Kalyani Singh in Sippy Sidhu’s murder case; CBI lacked thorough investigation
Punjab & Haryana High Court: While allowing the instant bail petition preferred by Kalyani Singh against the FIR dated 13-4-2016 under Sections
Tripura High Court | Section 311 CrPC cannot be used to fill up the lacuna but re-examination can be done to meet the ends of justice
Tripura High Court: In a case relating to a revision petition filed by the State, challenging the order of the
Delhi Court acquits Arvind Kejriwal, Manish Sisodia and Yogender Yadav in a 2013 defamation case filed by former MLA of Shahdara constituency
Quality and relevancy; and not quantity of evidence, is what determines the fate of a case.
Madras High Court deprecates the practice of implicating Advocates as accused along with their clients for offences allegedly committed by clients
Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice.
Can non-resistance by rape survivors be the ground for acquittal for the accused? Patna High Court decides
Patna High Court: While dealing with a case of rape, A M Badar, J. observed that mere non-offering of physical resistance by