Category: Criminal

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

State of Orissa Vs. Mamata Sahoo & Ors-16/07/19

It was found that the respondents had violated the provisions under Sections 3(2), 5 and 29 of the PC and PNDT Act which is punishable under Sections 23 and 25 of the said Act. For violation of PC and PNDT Act and Rule, the authorized officer of the Collector-cum-District Appropriate Authority, Dhenkanal, seized the ultrasound machine and other equipments from the said clinic. For such violation, the registration of ultrasound clinic of the respondents has been suspended vide order of the Collector dated 18.06.2014. A complaint was filed against the accused-respondent under Section 28(2) of the PC and PNDT Act. The Trial Court took cognizance of offences punishable under Sections 3(2), 5, 29, 23 and 25 of the PC and PNDT Act and issued summons to the respondents.

Regina vs Albert William Granon- 2 July 2019

United Kingdom

Sheffield Crown Court-No sentence I impose can bring Stanley back. No sentence I impose can undo what you have done and heal the rifts in your family. All I can do is impose what the law considers to be the appropriate sentence for a case of this nature. I do that by following the guidelines for sentencing in cases of manslaughter.

When the Order  of the Magistrate issuing process against the accused can be quashed or set aside

Online Law Library

The Magistrate has been given an undoubted discretion in the matter and the discretion has to be judicially exercised by him. Once the Magistrate has exercised his discretion it is not for the High Court or even the Supreme Court, to substitute its own discretion for that of the Magistrate or to examine the case on merits with a view to find out whether or not the allegations in the complaint, if proved, would ultimately end in conviction of the accused. These considerations are totally foreign to the scope and ambit of an inquiry u/s 202 which culminates into an order u/s 204.

Magistrates should not call police officers to their Courts if not required, only to show their power: DHC

03-10-2007 -COMMISSIONER OF POLICE AND OTHERS Vs. MANOJ SHARMA AND ANOTHER – An unlawful assembly is unlawful assembly irrespective of the fact whether the people have assembled for a good cause or a bad cause. Neither there is a golden scale of quantum of force to be used, nor such a yardstick can be laid down by the Courts. The quantum of force to be used has to be determined by the officer concerned, the Court cannot substitute its own opinion or decision about the quantum of force which should have been used – DHC