crpc
Confessional statement, not signed or proved by the Magistrate who recorded it, cannot be treated as true u/s 164 CrPC: Gauhati High Court
The Gauhati High Court noted that after completion of the investigation, the petitioner was not examined under Section 313 of the Criminal Procedure Code, 1973, to enable him to personally explain circumstances appearing in the evidence against him, nor was his statement recorded.
Limitation period for Government Applications governed by Art. 114(a) of Limitation Act, not Section 378 CrPC; Sikkim HC clarifies
The Court was of the view that both, the applicant in viewing the requirement of filing the appeal within six months as per S. 378(5) CrPC; and the respondents contending that the appeal should have been filed within sixty days as per S. 378(5), were equally incorrect.
Does the victim have a statutory right to be impleaded in a revision petition? Delhi HC Answers
‘While the victim/complainant has a right to be heard in the revision proceedings, such right does not upscale itself to a right to be impleaded in the said criminal revision’
Delhi High Court denies bail to alleged NSCN-IM member in terror funding case
The Delhi High Court says that being a government employee, the appellant cannot be permitted to be free by merely contending that the accounts, though in his name, were being managed by the co-accused.
When can an order under Section 125 CrPC be modified or recalled? Allahabad High Court clarifies
“It is clear that Section-125 CrPC is social justice legislation which orders for the maintenance of wives, children and parents and the legislature has provided in Sections-125(5) CrPC., 126 CrPC as well as Section-127 CrPC, certain conditions on fulfilling of which, order passed u/s 125 CrPC can be recalled or modified”
Delhi High Court initiates contempt against advocate for writing derogatory comments in chat box during virtual hearing
“Petitioner appears to have taken a wrong end of law, aggrieved against adverse orders passed by the Judicial Officers of the District Courts as well as this Court and cannot be permitted to cross the red line, thereby making personal attack on the Judges which undermines the integrity of the Institution.”
Can charges be altered under S. 216 CrPC, or is it solely a judicial prerogative? Kerala HC answers
“Request for the addition of the charge under section 370 IPC, as it stood prior to 2013, cannot be made at the instance of the prosecution. An addition of charge has to be done by the Court based upon its own satisfaction and not at the behest of any of the parties to the trial”
Crucial to extend education to encompass concept of ‘Virtual Touch’ apart from ‘Good and Bad Touch’; Delhi HC rejects bail application of POCSO accused
The Delhi High Court says that efforts must be taken to teach children about critical thinking skills to assess the credibility of online contacts and safeguard their personal information.
Sextortion represents profound violation of privacy, undermines individual dignity and is a significant social menace: Delhi HC denies anticipatory bail
During the analysis on National Cyber Reporting Portal, ten complaints are found, in which innocent people are cheated by the same accused persons through the same modus operandi.
Bombay HC quashes criminal case against Raj Thackeray over 2008 stone pelting incident
Aurangabad bench of Bombay High Court set aside orders refusing Thackeray’s discharge in case of abetment of violence
Allahabad HC stays Raj Babbar’s Conviction in 1996 Polling Officers Assault Case
“It cannot be disputed that the parliamentary elections have been notified and and there cannot be any doubt so far as the urgency of the applicant is concerned and his affiliation with a political party may also not be doubted as he had been a Member of either House for five times.”
Jurisdiction in Cybercrimes and Civil Disputes
by Nishant Verma†
‘Non-compliance of Section 173(2) of CrPC raises many legal issues’; SC discusses police report procedure and contents in detail
“The form of the police report under Section 173(2) of the CrPC is prescribed by the State Government and each State Government has its own Police Manual to be followed by the police officers while discharging their duty.”
Does Section 125, CrPC envisage any claim of maintenance for daughter-in-law against her parents-in-law? Karnataka HC answers
The High Court answered the question in negative pointing out that Section 125, CrPC envisages that wives, parents and minor children can claim for maintenance.
[Money Laundering] ‘Cooperating with Investigating Agency by public figure is public service’; Delhi HC denies pre-arrest bail to Amanatullah Khan, MLA from AAP
“Being a public figure in politics, petitioner is first and foremost in the public service and it is natural that he will always have something or other happening in his constituency. It is for the public figure to find time and appear before the investigating agency, when so required as per the law.”
‘Victim Testimony delay not a ground in POCSO cases’; Delhi High Court denies bail in sexual assault and trafficking case
It is crucial to recognize that delays in the victim’s testimony before the learned trial court, often attributed to the intricate nature of trauma recovery, should not serve as grounds for the accused to seek bail.
Can Other Law Enforcement Agencies Take Up Investigations Parallel to SFIO Investigations? Ashish Bhalla v. State: A Case Comment
by Anuj Berry†, Sourabh Rath††, Megha Janakiraman††† and Aparajito Sen††††
Supreme Court illuminates on bail under Section 43D (5) of UAPA against general rule of CrPC
Supreme Court observed that “mere delay in trial pertaining to grave offences as one involved in the instant case cannot be used as a ground to grant bail.”