criminal trials Archives

Supreme Court directives on public prosecutors

Supreme Court issues directives on the role of public prosecutors and legal aid counsels to safeguard fairness and fundamental rights in criminal trials

“The right of the accused to defend himself in a criminal trial is guaranteed by Article 21 of the Constitution of India. He is entitled to a fair trial. But if effective legal aid is not made available to an accused who is unable to engage an advocate, it will amount to infringement of his fundamental rights guaranteed by Article 21”

Case Briefs High Courts

Dishonour of Cheque | Is it mandatory for trial court to award interim compensation under S. 143-A NI Act on mere invocation thereof? Del HC decides whether S. 143-A is directory or mandatory?

Delhi High Court: Anu Malhotra, J., held that the provision of Section 143A of the NI Act, 1881 is directory in nature

Case Briefs High Courts

Del HC | Can absence of eyewitness in a sexual harassment incident detract complainant’s credibility before Internal Complaints Committee constituted at a workplace? HC explains

“…it is this gender conditioning that leads men to abuse, ill-treat or become violent towards women and TGs or treat them disparagingly and with condescension.”

Case Briefs Supreme Court

Unless extended for “good reason”, stay by ‘any court’ automatically expires within a period of six months; SC reminds

Supreme Court: Clarifying the legal position on expiry of stay, the 3-judge bench of RF Nariman, Navin Sinha and KM Joseph, JJ

Op Eds OP. ED.

Criminal Psychology and its importance in Criminal Trials — Is it time to revisit the Pigeon Hole?

by Wasim Beg*

Case Briefs Supreme Court

Civil/criminal pending cases cannot be stayed for more than 6 months; Extension can be granted only by speaking order: SC

Supreme Court: In order to ensure that the civil or criminal proceedings do not remain pending for unduly period at the trial