BCI requests Delhi LG to withdraw notification on Police Stations to be ‘designated place’ for e-recording of evidence of police witnesses
“The right to a fair trial is a cornerstone of our legal system.”
Fair Trial
‘Conviction doesn’t extinguish right to defence’: Telangana HC allows second DNA test for 80-Year-old convict in POCSO case
“Even if there is an iota of doubt as to the sanctity of the procedure or the correctness of the evidence, the accused should be given an opportunity to disprove the earlier test result”
Know why Uttaranchal High Court ordered a retrial of a blind man accused under POCSO
“The failure to provide documents to the accused in a language in which the accused could not read, would definitely scuttle the chances for the accused to instruct and assist his counsel in canvassing the defence on his behalf.”
Family Courts can admit WhatsApp chats procured without consent as evidence in matrimonial disputes: MP High Court
“Merely admitting evidence on record is not proof of a fact-in-issue or a relevant fact… Admitting evidence is mere inclusion of evidence in record, to be assessed on a comprehensive set of factors, parameters and aspects, in the discretion of the court.”
Victim attaining majority during trial not entitled to “Child-Specific” safeguards under Section 33(2) of POCSO Act: Rajasthan High Court
“The law… does not permit a retrospective resurrection of childhood once the individual steps into legal adulthood; and to permit otherwise would be to dilute the doctrinal rigour of age-based legal classifications and introduce subjectivity into a domain that demands exactitude.”
‘Justice not a privilege for well-informed/well-represented’; Rajasthan High Court quashes 23-yr-old tree felling criminal case ‘in rem’
“The possibility that some accused persons have not appeared due to their socio-economic vulnerabilities must be taken into account, and their absence should not be construed as a waiver of their right to seek justice.”
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”
Recording of evidence is mandatory in disciplinary proceedings involving major punishment: Supreme Court reiterates
Supreme Court said that the High Court fell into grave error of law while interfering in the well-reasoned judgment rendered by the Tribunal whereby, the Tribunal had quashed the order imposing penalty upon the appellant.
Rape matters cannot be resolved through money or out of court settlements; Delhi High Court rejects quashing of rape FIR despite settlement
‘Money, it seems, is to be exchanged for getting a quietus to the present criminal proceedings for offence of rape—a proposition that is not only immoral but also strikes at the very core of our criminal justice system.’
Gag orders should be passed to prevent substantial risk to fair trial; Delhi High Court imposes cost of Rs. 10,000 on a man seeking gag order against newspapers
“One has to carefully see the nature of the publication and find out as to the content of the publication will cause prejudice to the trial of a case or not.”
Punjab and Haryana HC allows for production of electronic records as evidence for upholding free and fair trial under S. 91 of CrPC
“The High Court balanced the right to privacy of police officials with the accused’s right to a fair trial, emphasizing that accessing electronic records crucial for defence did not compromise the former unduly.“
‘Right to fair investigation and trial is fundamental right of victim as well’: Rajasthan High Court quashes order transferring the investigation without reason
“First progress report of the investigation has been called for in seven years. Moreover, the administrative instruction has not been followed inasmuch as more than thrice transfer of investigation of the case was not permissible.”
Delhi High Court issues directions to provide infrastructure to ensure persons with disabilities can participate in proceedings
“No citizen in this country should feel that due to his physical or mental disability, justice is not done to him either due to lack of material infrastructure or moral, ethical, sensitive and understanding by the judicial system.”
Asharam Bapu Case| Supreme Court sets aside Rajasthan High Court Judgment directing summoning and recording of evidence of IPS Ajay Pal Lamba
The Supreme Court said that the power to take additional evidence in an appeal is to be exercised to prevent injustice and failure of justice, and thus, it must be exercised for good and valid reasons necessitating the acceptance of the prayer.
Explained | Why Supreme Court transferred former Andhra Pradesh Minister Y.S. Vivekananda Reddy’s murder trial to CBI Special Court at Hyderabad
Supreme Court observed that the principles of Administration of Justice states that justice should not only be done but it should be seen to be done and free and fair trial is sine qua non of Article 21 of the Constitution.
Cancellation of bail without issuing notice to the applicants and without affording them a reasonable and sufficient opportunity of hearing is patently illegal; Allahabad High Court reiterates
Allahabad High Court: In a bail application filed by the applicants for quashing the proceedings and setting aside the bail
Canada SC| Record screening process in sexual offence cases does not violate accused’s Charter-protected rights
[6:3 verdict] Canada Supreme Court: In the recent matter, the Canada Supreme Court, deliberated upon the matter of expanded rape
Fair trial is the hallmark of criminal procedure, it entails not only rights of victims but also interest of accused: Delhi HC
Delhi High Court: Manoj Kumar Ohri, J., while discussing the scope of Section 311 of the Criminal Procedure Code, 1973 with regard
Conviction and Death Sentence on the same Day for kidnapping, rape and murder of an 11 Year Old: SC commutes sentence from death to life
Supreme Court: In a case where the order of conviction and sentence was passed on the same day, the 3-judge bench of
Victims of human trafficking working as gardeners in cannabis factory. Can they be prosecuted for such criminal offence? ECHR’s momentous ruling
European Court of Human Rights (ECHR): Chamber composed of Yonko Grozev, President, Tim Eicke, Faris Vehabović, Iulia Antoanella Motoc, Armen Harutyunyan, Pere