accused Archives

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.

Case Briefs High Courts

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

Case Briefs High Courts

Writ under Art 226 maintainable for grant of extension of parole; Himachal Pradesh High Court dismissed petition under S. 482 CrPC

Himachal Pradesh High Court: Vivek Singh Thakur, J. dismissed the petition filed under Sec 482 Criminal Procedure Code (‘CrPC') for

Case Briefs High Courts

Whether mere non-appearance on dates fixed by court sufficient to amount to a ‘reason to believe’ that a person has absconded? Raj HC answers in light of issuing warrant

Rajasthan High Court: Dinesh Mehta, J. allowed the petition and remarked that expeditious disposal of cases is necessary but equally necessary is

Case Briefs Supreme Court

Lakhimpuri Kheri Violence| ‘Allahabad High Court granted bail in a tearing hurry’; Supreme Court cancels Ashish Mishra’s bail

Supreme Court: In a big development in the Lakhimpur Kheri violence, the 3-judge bench of NV Ramana, CJ and Surya Kant and

Case Briefs District Court

Presumption and Rebuttal under NI Act: Read Court’s verdict discussing onus of proof and nature of defence where “payment stopped by drawer”

Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru: Vani A. Shetty, XVII Additional Judge, Court of Small Causes & ACMM, addressed a

Case Briefs Supreme Court

‘Furlough not a legal right’: Supreme Court explains difference between Parole and furlough

“Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.”

Op Eds OP. ED.

Voice Samples in Criminal Investigations and Legal/Constitutional Issues that Remain

by Bharat Chugh†
Cite as: 2021 SCC OnLine Blog Exp 80

Case Briefs Supreme Court

Idiosyncrasies of colloquial terms, used for naming accused, could well be the difference between his conviction and acquittal: Supreme Court

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ. took the liberty of disagreeing with one of the

Case Briefs High Courts

Right to be Forgotten | Madras HC decides whether redacting names of acquitted persons from court record is possible

Madras High Court: N. Anand Venkatesh, J., remarked that, There is no doubt with regard to the fact that the moment Judge

Case Briefs District Court

No direct evidence to confirm presence inside Red Fort during violence: Delhi District Court grants bail to accused

Tis Hazari Courts, Delhi: Dr Kamini Lau PO (MACT)-01, granted bail to a person alleged for inciting violence at Singhu Border and

Case Briefs High Courts

Bom HC | Circumstantial Evidence. Wife found dead, can husband be convicted on the basis of him being last seen with wife? Do Police Officers need to substantiate their stand on basis of documents? Read on

Bombay High Court: The Division Bench of Prasanna B. Varale and S.M. Modak, JJ., held that in a matter of circumstantial evidence,

Op Eds OP. ED.

Discharge of an Accused in Summons Triable Case

by Sharda*

Case Briefs High Courts

[Flashback] Pendency of Cases being a pressing issue, Madras HC in its 2018 decision had issued guidelines highlighting: Cases of Absconding Persons || Detailed Report

Madras High Court: N. Anand Venkatesh, J., issued guidelines pertaining to deal with cases wherein accused persons are absconded leading to the pendency

Case Briefs High Courts

Bom HC | In absence of an accused, can Appellate Court pronounce Judgment in an appeal against conviction? HC considers

Bombay High Court: Vibha Kankanwadi, J., observed that, “The practice of pronouncing Judgments in appeal against conviction in absence of the accused, thereby

Case Briefs High Courts

Kar HC | ‘In certain cases the first duty of police officer is to arrest accused and collect evidence, and not registration of FIRʼ; Court dismisses bail application pleading procedural irregularities

Karnataka High Court: Sreenivas Harish Kumar, J., while dismissing a criminal petition for enlargement on bail, said, “There are prima facie materials

Case Briefs High Courts

Kar HC| Effect of compromise between complainant and accused in appeal reiterated; Appellant acquitted

Karnataka High Court: M.G. Uma, J., setting aside the conviction order by the fast track Court, allows compromise between the parties. The

Case Briefs High Courts

Madras HC | 1000 culprits can escape, but, one innocent person should not be punished: HC states in perfunctory investigation of a brutal murder

Madras High Court: B. Pugalendhi, J., while addressing a petition, observed that, “An impartial investigation is the basic requirement for any investigation. A

Case Briefs High Courts

P&H HC | Mere framing of charge alone is not sufficient ground for grant of bail, application dismissed

Punjab and Haryana High Court: Harnaresh Singh Gill, J., rejected the bail application filed by the applicant-accused in connection with the FIR

Case Briefs High Courts

Pat HC | Accused misusing privilege of bail by committing offence of same nature repeatedly: Court denies bail

Patna High Court: Ahsanuddin Amanullah, J., denied bail to the applicant in connection with the FIR registered for offence punishable under Section