Code of Criminal Procedure is devised to sub serve the ends of justice and not to frustrate them by mere technicalities. It regards some of its provisions as vital but others not, and a breach of the latter is a curable irregularity unless the accused is prejudiced thereby.
Supreme Court in Union of India (UOI) Vs. Prafulla Kumar Samal and Another, and Dilawar Balu Kurane Vs. State of Maharashtra, held.. In Prafulla Kumar Samal (supra), the scope of Section 227 […]
Whether at the stage of framing of charge, the accused could seek production of documents to prove his innocence.
Answering the question in the negative Supreme Court held: The law is that at the time of framing charge or taking cognizance the accused has no right to produce any material. No […]
Nitya Dharmananda @ K. Lenin & ANR. Vs. Sri Gopal Sheelum Reddy also known as Nithya Bhaktananda & ANR.[SC 2017 DECEMBER]
KEYWORDS:- FRAMING CHARGE- DEFENCE MATERIAL It is settled law that at the stage of framing of charge, the accused cannot ordinarily invoke Section 91. However, the court being under the obligation to impart […]