“Investigation cannot continue endlessly”: Supreme Court issues directions
“The accused cannot be made to suffer endlessly with this threat of continuing investigation and eventual trial proceedings bearing over their everyday existence.”
Rights of Accused
MP High Court imposes Rs 5 lakh fine on Bhopal DIG for suppressing evidence in murder probe
“The then SP Datia has no regards for the law of land, and he is in habit of functioning as a Police Officer according to his own whims and wishes, thereby giving a complete go-by to the law of the land.”
SC directs State of Haryana to issue guidelines to ensure that accused persons aren’t handcuffed and chained to hospital beds
Once a person is arrested, his right to liberty under Article 21 is curtailed. When such an important fundamental right is curtailed, it is necessary that the person concerned must understand on what grounds he has been arrested.
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 Information| Chargesheets and final reports not equivalent to FIRs; can’t be published on State Websites for public access: Supreme Court
The prayer seeking free public access to chargesheets and final reports was made relying on ruling in Youth Bar Association of India v. Union of India, (2016) 9 SCC 473, wherein the Supreme Court had directed copies of FIRs to be published within 24 hours of their registration on the police websites or on the websites of the State Governments.
SCC Snippets| Exclusion of Audi Alteram Partem rule at the stage of investigation
In Union of India v. W.N. Chadha,1993 Supp (4) SCC 260, the bench of S. Ratnavel Pandian and K. Jayachandra Reddy, JJ explained the exclusion of the application of the principle of audi alteram partem in relation to an accused at the stage of investigation.
Failure to produce accused before Special Court while considering extension application under Section 167 CrPC a gross illegality: SC
Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that under Section 167 of the Code of
[Custodial Torture] Patna HC | “Sorry state of affair”; HC slams police for using third degree torture to extract confession
Patna High Court: A. M. Badar, J., granted bail to the person arrested on the basis of forcefully extracted confession made during
P&H HC | Merely informing accused he has a right without specifying the same is not enough to meet requirements of S. 50(1) of NDPS Act
Punjab and Haryana High Court: B.S. Walia, J., held that merely informing that accused has rights under the NDPS Act, without specifying