When Can An Accused Be Acquitted Under Section 256 CrPC? Bombay HC Answers

The Bombay High Court has ruled that under Section 256 of the Code of Criminal Procedure, if summons have been issued in a complaint and the date appointed for the appearance of accused, the complainant does not appear, the Magistrate shall acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day.Justice KR Shriram was hearing a...

Justice Nariman's Revival Of Doctrine Of "Manifest Arbitrariness" To Strike Down Legislation

Manifest Arbitrariness in a legislation is a ground for a Constitutional Court to strike it down as violative of Article 14 of the Constitution of India. The test to determine "manifest arbitrariness" is to decide whether the enactment is drastically unreasonable and / or capricious, irrational or without adequate determining principle.The latest example of a legislative provision being...

How Is Chief Justice Of India Appointed?

The Constitution of India, 1950 prescribes the "Establishment and Constitution of Supreme Court" under Article 124. According to Article 124(1) the Supreme Court consists of Chief Justice of India and such other judges. Under Article 124(2) the conditions for appointment of the judges of the Supreme Court including the CJI are: "Every Judge of the Supreme Court shall be appointed by...

Explainer : The Law Used To Bypass Cabinet Decision To Revoke President's Rule In Maharashtra

The tussle for power in Maharashtra among BJP, Congress, Shivsena and NCP, continued for weeks post the assembly election result. BJP, which emerged as the single largest party, could not stake a claim for the government owing to disagreement on equal sharing of power with its former ally, Shiv Sena. Since every party had failed to prove the majority, President's rule was imposed on November...

Why An Adult Woman Is Exempt From Punishment For Marrying A Male Child? SC Explains [Read Judgment]

Section 9 of the Prohibition of Child Marriage Act, 2006 provides punishment for male adult marrying a child- It provides that "whoever, being a male adult above eighteen years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both."In a recent judgment, the Supreme Court...

All You Want To Know About Ayodhya Verdict - Issues, Arguments & Findings

The Court was tasked with the resolution of a dispute whose origins are as old as the idea of India itself. The events associated with the dispute have spanned the Mughal empire, colonial rule and the present constitutional regime. The dispute in these appeals arises out of four regular suits which were instituted between 1950 and 1989. Before the Allahabad High Court, voluminous evidence,...

What Is The Law On 'Proxy' Counsel?

Proxy counsels, appearing on behalf of the filing counsel, often find themselves in an identity crisis, as the words "proxy counsel" find no mention in the Advocates Act, 1961. The Advocates Act or any of the Court Rules do not expressly authorize an advocate to represent a party without a duly executed vakaltnama. In 2014, a three-judge bench of the Supreme Court had in clear...

Explainer : Further Investigation, Re-investigation & Re-Trial

The police had the statutory right and duty to 'register' every information relating to the commission of a cognizable offence. The police also had the statutory right and duty to investigate the facts and circumstances of the case where the commission of a cognizable offence was suspected and to submit the report of such investigation to the Magistrate having jurisdiction to take cognizance...

What Are The SC Guidelines On Investigating Police Encounter Killings? [Read Guidelines]

The recent killings of four Maoists in Attappady forest in Kerala have become controversial amidst allegations that they were killed in an encounter staged by police.The relatives of two of the killed persons have moved the Sessions Court Palakkad alleging that the police did not follow the guidelines laid down by Supreme Court to investigate encounter killings.The Sessions Court on...

Is It Mandatory To Stand Up During The Playing Of National Anthem In Movie Halls?

A viral video trending in social media shows a group of persons in a movie hall in Bengaluru shouting at few persons who chose to remain seated during the playing of the national anthem before the movie screening."Not able to spare 52 seconds for the country, but you have the audacity to sit here and watch a three-hour movie? Are you Pakistani terrorists?" a man can be heard saying on video,...

Murder By Poisoning : Is Conviction Possible Even Without Detecting Poison In The Body Of The Deceased?

A discussion on a notable case which shows how conviction for murder by poisoning can be based solely on circumstantial evidence.

When Can A Criminal Court Order Re-trial? Explains Patna HC [Read Judgment]

Stating that the appellate courts were empowered to order re-trial in cases where the original trial had not been satisfactory and met out gross miscarriage of justice, the Patna High Court on Wednesday remitted a case involving death of the Appellant's deceased wife on account of burns, back to the trial court. Justice Aditya Kumar Trivedi said, "A court will set aside a judgment...