Delhi High Court upholds extradition of Indian National accused of murder, to Oman
“The standard of proof in an inquiry in an extradition case is not of the same level as that required in a trial.”
Penal Code
Fake Passport and Visa Stickers | Gujarat HC denies bail to person accused of making 79 fake passports
The Court said that there are chances that “if the accused is enlarged on bail, he may utilize his international contacts all over the world for himself and may fly away”.
Never Reported Judgment | Liability for dishonestly receiving stolen property extends even to those merely acting as sales brokers: SC [(1952) 2 SCC 140]
“This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on dishonestly receiving stolen property.”
‘False promises made, huge scam committed’; Gujarat HC refuses to quash criminal proceedings against Mehul Choksi and Gitanjali Group Director
“Mehul Choksi left the country long ago and he did not cooperate with any prosecution, though various complaints are filed against Gitanjali Gems as well as in his individual capacity. He has no respect towards the process of law”.
2023 SCC Vol. 8 Part 4
Criminal Law — Criminal Trial — Proof — Burden and Onus of proof — Recourse to S. 106 of the Evidence Act
‘Murder of wife and 3 daughters including an infant is barbaric’; Orissa HC upholds life imprisonment
“Murder was committed in the convict’s house, and he attempted to burn the entire house along with the dead bodies in the dead of night which pointed fingers towards the convict alone and the same was strengthened by his post occurrence conduct”.
Book Review| Bindal’s latest book offers insight into the contours of obscenity in law and practice, writes Vishavjeet Chaudhary
Latest addition to the landscape of jurisprudence around obscenity laws in India is Saurabh Bindal’s convincing read titled Obscenity: Prevention, Law and
[Law Commission Report 283] Law Commission recommends amending POCSO Act, JJ Act and Penal Code
However, the Commission was of the view that it is not advisable to tinker with the existing age of consent under the POCSO Act.
2023 SCC Vol. 8 Part 2
Applicability of judgment in N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd., (2023) 7 SCC 1: In this article the
Delhi High Court exempts 75-year-old accused of sexual assault from physical appearance; Directs counsel to appear physically
The courts should strive to strike a balance between the rights of accused and the practicalities of the legal process. In cases, if the trial can proceed effectively with the accused remaining present before the court through alternative means, the court should be flexible in considering prayers made to this effect by the accused.
[S. 376 IPC] ‘Status of applicant is merely of a suspect being innocent till proven guilty’; Delhi HC grants bail
The applicant behind bars will be violative of Article 21 as the status of the applicant is merely that of a suspect till the outcome of the proceedings emanating therefrom as the applicant is innocent till proven guilty.
“Solemn duty to protect innocent persons”; Madhya Pradesh High Court issues directions to prevent criminalization of civil disputes
The Court took note of the growing tendency amongst the people to convert civil disputes into criminal prosecution so that accused may succumb to the wrath of procedure involved in the criminal cases and settle the matter which otherwise is the domain of Civil Courts.
2023 SCC Vol. 6 Part 3
Civil Procedure Code, 1908 — Or. 21 Rr. 84, 85 and 90 — Auction-sale whether vitiated — Non-compliance with mandatory provisions of
‘Courts cannot lose sight of serious accusations against an accused while granting bail’; SC sets aside cryptic and casual bail order
The Supreme Court said that due consideration must be given to the facts which are suggestive of the nature of crime, the criminal antecedents of the accused and the nature of punishment that would follow a conviction vis-à-vis the offences alleged against an accused.
Major Discrepancies in Deposition of Victim; Gujarat HC upholds Acquittal of Rape Accused
The Court stated that if at all an offence is committed at a particular time, there cannot be inconsistency in the time of offence in the deposition and the FIR registered by the informant herself.
Rape versus ‘Aggravated sexual assault’ under POCSO: Why Orissa HC set aside Trial Court order convicting Man for Rape
The Court found that none of the acts of the convict would come within the definition of ‘rape’ under Section 375 of the IPC or ‘penetrative sexual assault’ under Section 3 of the POCSO Act.
Setback for Former Hockey Player Birendra Lakra; Orissa HC orders fresh Probe into Friend’s Death
The Court said that proper and fair investigation is sine qua non of criminal jurisprudence and directed the CID-Crime Branch to reinvestigate the case.
2023 SCC Vol. 6 Part 1
Administrative Law — Natural Justice — Generally — Nature, Scope and Applicability: Meaning and Constituents of principles of natural justice in general,
Section 180 IPC applies only if the person making a statement refuses to sign it when legally required to do so by a competent public servant: SC
The Court reprimanded the DSP and said that a DSP, ought to know that in terms of Section 162 of Cr.PC, no statement made by a person to a police officer in the course of any investigation, which is reduced to writing, is required to be signed by the person making the statement.