Criminal Procedure Code
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
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
Gauhati HC | Recovery/seizure of contraband not mandatory; arrest, detention or conviction under NDPS Act can be based on other convincing factors
Gauhati High Court: A bail application under Section 438 of the Criminal Procedure Code, 1973, (CrPC) was denied by Sanjay Kumar Medhi,
FEMA Xiaomi Saga
by Dr Srikant Parthasarathy† and Dr Amirthalakshmi R††
Kar HC | Teacher aged 55 years harassed a student on separate occasions, booked under POCSO, released on bail
Karnataka High Court: H.P. Sandesh, J. allowed the petition and granted bail to the petitioner in connection with a crime registered in
Raj HC dealt with whether husband can be absolved from his duty to pay interim maintenance if there is delay of 30+ years in filing application
Rajasthan High Court: Dinesh Mehta, J., dismissed the petition. The facts of the case are such that the petitioner and the respondent,
Kar HC | Bail order not containing cogent reasons liable to be set aside for non-application of mind
Karnataka High Court: H.P. Sandesh J. allowed the petition and set aside the bail granted by the Trial Court on the file
Kar HC | While deciding the petition under S. 482 of CrPC evidence cannot be appreciated as it lies within the domain of Trial Court
Karnataka High Court: Sreenivas Harish Kumar J. dismissed the petition being devoid of merits. The facts of the case are such that
Can FIR/ complaint in non compoundable offences pertaining to matrimonial disputes be quashed? HP HC lays down under what circumstances
Himachal Pradesh High Court: Chander Bhusan Barowalia J. disposed of the petition and quashed the FIR/complaint. The facts of the case are
[Model Code of Conduct] Kar HC | Mere display of any stickers and flags on vehicles of any particular party will not attract/invoke S. 171 H IPC
Karnataka High Court: H P Sandesh J. allowed the petition and quashed the proceedings initiated against the petitioners. This petition is filed
Principles governing power of Courts to direct Retrial and Joint Trial, as laid down by Supreme Court
Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has lucidly laid down the principles governing
More than a prima facie case! Read Supreme Court’s test for invoking power under Section 319 Cr.P.C.
“The power cannot be exercised in a casual and cavalier manner.”
Sessions Court Rejects Anticipatory Bail? You may Still be Protected for 72 Hours
by Ankoosh Mehta†, Aviral Sahai†† and King Dungerwal†††
Cite as: 2021 SCC OnLine Blog Exp 68
Del HC | Does CrPC allow amendment before taking cognizance and is there any provision to amend criminal complaint? Read Court’s opinion while deciding India Today’s Editor-in-Chief’s application in defamation case
Delhi High Court: Yogesh Khanna, J., reiterated that there is no provision in the Criminal Procedure Code to amend a criminal complaint,
P&H HC | Is there any provision of Negotiable Instruments Act that refers to any pre-condition for availing a valuable right of first appeal? HC elaborates
Punjab and Haryana High Court: Gurvinder Singh Gill, J., observed that, Right to appeal against conviction is an invaluable statutory right vested upon
SC| Courts cannot adopt a rigid or formalistic approach while interpreting Section 167(2) CrPC. Read why
Supreme Court: Interpreting Section 167(2) CrPC, the 3-judge bench of UU Lalit, MM Shantanagoudar and Vineet Sarah, JJ has said that the
SC| Right to default bail under the first proviso to Section 167(2) CrPC not a mere statutory right but a fundamental right
Right to default bail a fundamental right granted to an accused person to be released on bail once the conditions of the first proviso to Section 167(2) are fulfilled.
Ori HC | Provisions under Criminal Procedure Code shall have an overriding effect and shall prevail notwithstanding any provision in Pension Rules framed by State Government
Arunima Bose, Editorial Assistant has put this story together
Home Ministry seeks overhaul of IPC and CrPC to improve the criminal justice system
As reported by Economic Times, the Ministry of Home Affairs in consultation with the Bureau of Police Research and Development is considering