Category: Criminal

This category collects the criminal laws of India and abroad. Multiple statutes have been analysed and several laws have ben explained.

Personal consumption of drug or psychotropic substance in India

where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetylmorphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government by notification in the Official Gazette, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees; or with both

Westminister Magistrate rejects Ex-HC Judge Abhay Thipsay’s evidence in Nirav Modi`s case

The Westminister Magistrate Court has ruled that Abhay Thipsay ‘s evidence need not be in private. Abhay Thipsay had joined the Congress party and stated that he was aware of high profile cases. Abhay Thipsay was a retired judge who served in the Bombay and Allahabad High Court had told the London Court via video link that the charges leveled by the CBI against fraud Nirav Modi that includes criminal conspiracy, cheating, dishonesty inducing delivery of property would not stand up under the Indian law.

Whether a convict who has challenged his conviction u/s 374 is entitled to benefit of Sec 436A of CrPC 1973 for Bail?

The words ‘during the period of investigation, inquiry or trial’ used in Section 436-A and the insertion of the said section in Chapter XXXIII, without insertion of a like provision in Chapter XXIX, clearly restricts its operation to the matter of grant of bail at the trial stage and not at the appellate stage. Further, Section 436-A refers to the maximum period of imprisonment specified for the offence in question, and not to the period of imprisonment actually imposed.

Gravity of offence is not relevant consideration for refusing bail to the juvenile- Allahabad HC-07/08/2020

Juvenile Justice (Care and Protection of Children) Act, 2015-This Court has carefully considered the rival submissions of the parties and perused the impugned orders. The juvenile is clearly below 16 years of age and does not fall into that special category of a juvenile between the age of 16 and 18 years whose case may be viewed differently, in case, they are found to be of a mature mind and persons well understanding the consequences of their actions.

Discuss the power of Police to arrest under Cr.P.C

Last it be remembered that the arrest of a person involves an encroachment on his/her personal liberty. Article 21 of the Constitution of India declares that no person shall be deprived of his personal liberty and life except in accordance with procedure established by law. There can be no doubt that the power to arrest any person therefore must be premised on a law which authorizes the same. Police has  a statutory duty to inform the arrestee of the grounds for such arrest as contemplated under Article 22(1) of the Constitution and Section 50 of the Code. If police failed to dischurge its statutory duty the Magistrate must Perform it before remanding the arrested person.

Analyse whether the police has Powers to initiate preliminary Inquiry before Investigation.

Section 157 appears to contemplate information received under Section 154 or knowledge gained otherwise about the commission of a cognizance offence clothing the police officer with the power to investigate leading to the sending of the report to the Magistrate being confined to cases where officer intends to send the police report which has been defined as the report under Section 173 of the CrPC.

Prashant Bhushan Contempt Case: SC ordered, either deposit fine or face 3 months SI plus 3 yrs expulsion from practice-31/8/2020

The Supreme Court on Monday imposed a fine of Re 1 on activist-lawyer Prashant Bhushan for criminal contempt of court for his tweets against the Apex court and Chief Justice of India (CJI). The Supreme court Said said that if Bhushan fails to deposit the amount by September 15, he will have to undergo simple imprisonment for three months and will be barred from practising for three years.

Negation of bail is the rule and its grant an exception u/s 37(1)of NDPS Act- Explain

Very recently, in the matter of State of Kerala Etc. v. Rajesh Etc.[AIR 2020 SC 721], their Lordships of the Supreme Court followed the principles of law laid down in Ram Samujh’s case (supra) and clearly held that Section 37 of the NDPS Act commences with non-obstante clause and the conditions enumerated in Section 37(1)(b) have to be complied before admitting the accused on bail of the aforesaid offence under the Act in case of commercial quantity.

Explain the result of non-production of material evidence by using Sec 465 Cr.P.C in NDPS case?

Narcotic Drugs and Psychotropic Substances Act, 1985—Section 8/21(b)—Recovery of smack powde- the alleged narcotic powder seized from the possession of the accused, including the Appellant was never produced before the trial court as a material exhibit and once again there is no explanation for its nonproduction. There is, thus, no evidence to connect the forensic report with the substance that was seized from the possession of the Appellant or the other accused.

Explain the concept of “small quantity” and ‘commercial quantity’ under the NDPS Act

Amarsingh Ramjibhai Barot Versus State of Gujarat-NDPS- Narcotic Drugs and Psychotropic Substances Act, 1985—Section 21(a)(b)(c), Section 2(vii a) and 2(xxiii a)—Manufactured drug—”Small quantity” and “commercial quantity”—By notification dated 19.10.2001 Central Government categorized manufactured drug weighing 5 gms as “small quantity” and 250 gms as “commercial quantity”

Whether Sections 52, 55 and 57 of the NDPS Act is mandatory or directory?

NDPS-This Court in Gurbax Singh vs. State of Haryana (2001) 3 SCC 28 held that these provisions are not mandatory provisions and they are only directory. In the present case, we do not find any serious violation of these provisions. The prosecution adduced evidence to prove that these provisions have been substantially complied with and the Sessions Judge discussed these matters in detail and accepted the prosecution case.