OF OFFENCES AFFECTING THE HUMAN BODY Of Offences Affecting Life 299. Definitions: In this Chapter, unless there is anything repugnant in the subject or context: (a) “adult” means a person who has […]
375. Rape:- A man is said to commit rape who has sexual intercourse with a woman under circumstances falling under any of the five following descriptions, (i) against her will. (ii) without […]
Section 53. Punishments: The punishments to which offenders are liable under the provisions of this Code are: Firstly, Qisas; Secondly, Diyat; Thirdly, Arsh; Fourthly, Daman; Fifthly, Ta’zir; Sixthly, Death; Seventhly, Imprisonment for […]
Supreme Court redefined and explained the role of Public and Private prosecutors in case of Sessions Trial
Where public prosecutor finds material indicating that the accused legitimately deserves a benefit during the trial, he must not conceal it.
An International Criminal Court (“the Court”) is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions.
THE EXIT FROM PAKISTAN (CONTROL) ORDINANCE, 1981 (XLVI OF 1981) [21st December, 1981] An Ordinance to provide for the control of exit of certain persons from Pakistan. Whereas it is expedient to provide for […]
The writ petition has only added substance to the requirement of an in-depth investigation. The Court is therefore in requirement of a verifiable independent expert opinion on the results of the investigation collected so far.
It will be seen that the Code, as such does not use the expression ‘charge-sheet’ or ‘final report’. But is understood in the Police Manual containing Rules and Regulations, that a report by the police, filed under Section 170 of the Code, is referred to as a ‘charge-sheet’. But in respect of the reports sent under Section 169 i. e., when there is no sufficient evidence to justify the forwarding of the accused to a Magistrate, it is termed variously, in different States, as either ‘referred charge’, ‘final report’, or ‘Summary’.
Calcutta High Court ordered for verifiable independent expert opinion on Police Investigation Report-15/11/2019
Jyotsna Roy -VS- State of West Bengal & Ors.-Considering the nature of duties and in the jurisdiction exercised by the deceased and considering the death of the deceased at the age of 52 years while in service, such an event cannot be taken lightly, irrespective of whether a writ petition had been filed or not. The writ petition has only added substance to the requirement of an in-depth investigation. The Court is therefore in requirement of a verifiable independent expert
opinion on the results of the investigation collected so far.
The basic requirements for invoking Section 319 Cr.P.C. is that it should appear to the Court from the evidence collected during trial or in the inquiry that some other person, who is not arraigned as an accused in that case, had committed an offence for which that person could be tried together with the accused already arraigned.
Section 301 of Cr.P.C 301. Appearance by Public Prosecutors:- (1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any […]
The right to file an application under Section 311 in a case where the Court grants permission under Section 301(1) of the Cr. P.C. is available only to the Assistant Public Prosecutor and not to the counsel who is allowed to assist the Assistant Public Prosecutor.
The review petitions are allowed to the extent that the sentence of death awarded to the Petitioner is commuted to imprisonment for the remainder of his life sans any right to remission.
ASSAM PRISONS ACT, 2013The Good Conduct Prisoners’ Probational Release Act, 1938 (Assam Act II of 1938)The Prisoners (Attendance in Court) Act, 1955 (Central Act XXIX of 1955)The Transfer of Prisoners Act, 1950 […]
This Chapter shall apply in respect of an accused against whom the report has been forwarded by the officer in charge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years
Offences affect socio-economic condition in India for the purposes of sub-section (1) of section 265A of Cr.P.C Central Government Notification by S.O. 1042(E), dated 11th July, 2006. PLEA BARGAINING The list of […]
PREVENTION OF CORRUPTION-The absence of sanction no doubt can be agitated at the threshold but the invalidity of the sanction is to be raised during the trial. In the instant facts, admittedly there is a sanction though the accused seek to pick holes in the manner the sanction has been granted and to claim that the same is defective which is a matter to be considered in the trial.
the bank account of the accused or any of his relations is “property” within the meaning of Section 102 of the Criminal Procedure Code and a police officer in course of investigation can seize or prohibit the operation of the said account if such assets have direct links with the commission of the offence for which the police officer is investigating into.
In the Penal Code different expressions have been used in different places, which indicate that a distinction between being in possession” and “becoming possessed” was intended. Sections 239 and 241 may be referred to in this connection.