Category: Criminal

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

Criminal Procedure Law: China

The aim of the Criminal Procedure Law of the People’s Republic of China is: to ensure accurate and timely ascertainment of facts about crimes, correct application of law, punishment of criminals and protection of the innocent against being investigated for criminal responsibility; to enhance the citizens’ awareness of the need to abide by law and to fight vigorously against criminal acts in order to safeguard the socialist legal system, to protect the citizens’ personal rights; their property rights, democratic rights and other rights; and to guarantee smooth progress of the cause of socialist development.

Criminal Procedure Law: People’s Republic of China

The aim of the Criminal Procedure Law of the People’s Republic of China is: to ensure accurate and timely ascertainment of facts about crimes, correct application of law, punishment of criminals and protection of the innocent against being investigated for criminal responsibility; to enhance the citizens’ awareness of the need to abide by law and to fight vigorously against criminal acts in order to safeguard the socialist legal system, to protect the citizens’ personal rights; their property rights, democratic rights and other rights; and to guarantee smooth progress of the cause of socialist development.

Vijay Mallya -v- Government of India- High Court Of Justice QB- 20/04/2020

The GoI made an extradition request in respect of the Appellant, submitted on 9 February 2017, which was certified by the Secretary of State on 16 February 2017. We consider that while the scope of the prima facie case found by the SDJ is in some respects wider than that alleged by the Respondent in India, there is a prima facie case which, in seven important respects, coincides with the allegations in India.

Committing case to Court of Session on Private complaint

Kewal Krishan Vs Suraj-Section 209 of the Code of 1973- Bhan and another-Both these cases exclusively triable by the Court of Session, one instituted on a police report under Section 173, Criminal Procedure Code and the other initiated on a criminal complaint, arose out of the same transaction. There was thus a risk of two courts coming to conflicting findings. To obviate such a risk, it is ordinarily desirable that the two cases should be tried separately but by the same Court.

Can a “special Court” under SC/ST Act, take direct cognizance without committal proceeding

Gangula Ashok and another  Vs State of ANDHRA PRADESH-28/01/2000.-we have no doubt that a Special Court under this Act is essentially a Court of Session and it can take cognizance of the offence when the case is committed to it by the magistrate in accordance with the provisions of the Code. In other words, a complaint or a charge-sheet cannot straightway be laid before the Special Court under the Act.

Court`s Power to issue warrant against an accused on his failure to attend on the date of hearing

In complaint cases, at the first instance, the court should direct serving of the summons along with the copy of the complaint. If the accused seem to be avoiding the summons, the court, in the second instance should issue bailable warrant. In the third instance, when the court is fully satisfied that the accused is avoiding the court’s proceeding intentionally, the process of issuance of the non-bailable warrant should be resorted to.

General Rules applicable to Criminal Trials

Affidavits intended for use in Judicial Proceedings may be sworn or affirmed before any Court or Magistrate (or an Advocate other than the Advocate who has been engaged in such proceedings) or a Member of Panchayat or a Sub-Registrar, Nazir or Deputy Nazir or a Member of the Legislative Council or of the Legislative Assembly of the State or a Member of the Zilla Parishad or a Municipal Councillor or a Retired Gazetted Officer receiving pension from the Government or any other Gazetted Officer in the service of the State Government or the Central Government or a Notary as defined in the Notaries Act, 1952, or any Commissioner or other person appointed by the High Court for the purpose of taking affidavits or affirmations or any Judge or any Commissioner for taking affidavit in any Court of record in India.

CHARGE SHEET OF MUMBAI TERROR ATTACK CASES 26TH NOVEMBER 2008

This Fidayeen Mission was part of a larger criminal conspiracy planned in Pakistan for attacking the commercial capital of India with intent to wage war, to weaken India economically and to create terror and dread amongst the citizens of the Mumbai metropolis in particular and India in general and, thereby, through the said unlawful activities its perpetrators committed terrorist acts.

F.I.R of Mahatma Gandhi Assassination case – 30/01/1948

He had barely covered six or seven steps when a person whose name I learnt later as Narayan Vinayak Godse, resident of Poona, stepped closer and fired three shots from a pistol at the Mahatma from barely 2 / 3 feet distance which hit the Mahatma in his stomach and chest and blood started flowing. Mahatma ji fell backwards, uttering “Raam – Raam”. The assailant was apprehended on the spot with the weapon.