Right of Accused Archives

Rajasthan High Court permits accused to travel abroad to attend daughter’s engagement ceremony; upholds Right to personal liberty

“Virtual presence cannot substitute the physical presence of a father at his daughter’s engagement, which is a once-in-a-lifetime event for both father and daughter.”

Case Briefs High Courts

“Accused’s right to lead defense evidence cannot be curtailed”; J&K High Court sets aside conviction; remands Acid Attack case to Trial Court

“Right to fair trial, presumption of innocence unless proven guilty and proof by the prosecution of its case beyond any reasonable doubt are the fundamentals of our criminal jurisprudence.”

Case Briefs High Courts

Allahabad High Court explains scope of Sections 311 and 233 CrPC concerning production of defence witness during trial

“Under Section 311 CrPC, the power lies in the Courts only and under Section 233 CrPC, the right lies with the accused and the court’s interference is limited”

Case Briefs High Courts

Appellate Courts should choose acquittal over remand to safeguard rights of accused: Calcutta High Court

The prosecution failed to establish the misbranding of the “Red Label Natural Care Tea” beyond a reasonable doubt as the report of the public analyst, was not adequately proven.

Case Briefs Supreme Court

Supreme Court’s Split verdict on Settlement Commission’s jurisdiction in case of seized goods mentioned under Section 123 of the Customs Act 1962

Supreme Court was called upon to decide whether a settlement remedy under Section 127B of the Customs Act, 1962, would be available for the seized goods, which are specified under Section 123 of the said Act, the bench of Krishna Murari and Sanjay Karol, JJ gave a spilt verdict and referred the matter to a larger bench.