Lawyers at the Police Station: Protection of the Accused or Interference in the Investigation Process?
by Gautam Khazanchi* and Vinayak Chawla**
crpc
The Law on Clubbing of Multiple FIRs
by Asangha Rai*
‘Transferring case to another State reflected mechanical approach’; Delhi HC directs registration of regular FIR instead of Zero FIR as offence occurred within jurisdiction
Rather than exercising its jurisdiction, P.S. Adarsh Nagar proceeded to register a Zero FIR and transferred the matter to the police in Noida. Such action indicates a failure on part of the police authorities concerned to adhere to their statutory responsibility under Section 1541 of the CrPC.
Attempt to commit unnatural sex with minor boy: Kerala High Court reduces convict’s sentence to imprisonment for a day
“Considering the age of the convict at the time of the commission of the offence and the nature of the offence made out from the materials on record, a lenient view can be taken. The interest of justice can be met by adequately compensating the victim.”
Appeal shall abate if fine imposed on conviction stayed by judicial order or deposited with Court before convict’s death: Punjab and Haryana HC
The issue is that the demise of appellants (‘convicts’) have rendered the power of attorney legally inoperative and invalid. As a fundamental principle of law, only a living person possesses the capacity to confer authority upon another to act on their behalf.
Chhattisgarh HC acquits husband accused of having unnatural sex with wife under S. 377 IPC leading to her death
“If the age of wife is not below the age of 15 years then any sexual intercourse or sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance, therefore, the offence under Section 376 and 377 of the IPC against the accused was not made out.”
Delhi High Court analyses the precise definition of the word “forthwith” in Section 50 CrPC; Sets aside arrest due to non-compliance
Sufficient time must be given to an arrestee after the grounds of arrest have been served upon him in writing, to enable the arrestee to engage and confer with legal counsel, the test being that the arrestee must have meaningful opportunity to resist his remand to police custody or judicial custody.
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Missing persons cases can’t be brought under Habeas Corpus, unless illegal detention is established: MP High Court
“Cases of missing persons are to be registered under the regular provisions of the Penal Code and the Police officials concerned are bound to investigate the same in the manner prescribed under the Code of Criminal Procedure.”
‘Fully aware of the familial relationship’; Delhi High Court declines to quash Section 376 FIR, finds prima facie case
There was no compelling material or evidence placed on record to establish that the continuation of criminal proceedings in the present case amounts to an abuse of the process of law
CRIMINAL LAW ROUNDUP: A quick recap of the top criminal cases from January 2025
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
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A quick legal roundup to cover important stories from all High Courts this week.
Compounding of the offences permitted under IT Act; Orissa HC refuses to exercise power under S. 482 for quashing proceedings under S. 276(B) of Income Tax Act
The Circular dated 17-10-2024 issued by the Central Board of Direct Taxe provides fresh guidelines for compounding of offences under the Income Tax Act.
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‘High Court can quash proceedings using power either under Art. 226 or under S. 482 of CrPC’; SC reiterates while quashing FIR against foreign national
“The High Court could exercise its power of judicial review in criminal matters and it could exercise this power either under Article 226 of the Constitution or under Section 482 of the CrPC to prevent abuse of the process of the Court or to secure the ends of justice. The exercise of that power would depend upon the facts and circumstances of each case.”
‘Spoke what was written in Manusmriti & in general parlance’; Madras HC quashes hate speech complaint against VCK president & MP Thol. Thirumavalavan for comments on Hindu women
“What has been stated in the book “Manusmriti” had been only made as his speech and in the facts and circumstances of this case, this Court does not find that any of the offences as alleged by the complainant is made out.”
‘Non-mentioning of vital facts of assault or criminal force in FIR/ Complaint, would vitiate cognizance taken by CJM’; SC quashes proceedings under S. 353 & 186 of IPC
“A written complaint by a public servant before the Court takes cognizance is sine qua non, absence of which would vitiate such cognizance being taken for any offence punishable under Section 186 of the IPC.”
J&K and Ladakh High Court urges Criminal Courts to “remain sensitive” and avoid “Copy-Paste Syndrome” while deciding Bail matters
“Even a single day’s delay in grant of bail to a person who is otherwise entitled to it amounts to violation of his fundamental right to life and liberty.”