Scope Of Enquiry Under Section 202 CrPC: SC Explains

"The purpose of the enquiry under Section 202 Cr.P.C. is to determine whether a prima facie case is made out and whether there is sufficient ground for proceeding against the accused. "

Attempt Under Indian Penal Code

Try and try, till you succeed. Everyone has heard that one before, in multiple contexts. The thing is, in the criminal law we may need to alter that old cliche: try and try, but it doesn't always matter if you succeed. Consider any set of actions by persons as an attempt to do/not do something. When these attempts fit the criteria of an offence as prescribed by law, it becomes punishable as...

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-IV]

Read the first part HereRead the Second Part HereRead the third part HereEVIDENTIARY VALUE OF CONFESSION A Confession is ordinarily admissible in evidence. It is a relevant fact. It can be acted upon. Under certain circumstances, it can form the basis for a conviction. (vide Aloke Nath Dutta v. State of W.B. (2007) 12 SCC 230.) A confession, judicial or extra-judicial...

All You Want To Know About Protest Petitions In Criminal Trial

The Criminal Procedure Code 1973 [Cr.P.C.] was amended in 2009 to introduce certain statutory rights for victims of crime. This included the introduction of a Victim's Compensation Scheme [Section 357-A Cr.P.C.] and conferring a right upon victims to appeal against judgments [By way of inserting a Proviso to Section 372 Cr.P.C.]. During my first few months of practising, though, I found that...

Explained : Procedure To Challenge Election Result

"Eternal vigilance is the price of liberty"

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-III]

Read the First Part HereRead the Second Part HerePROCEDURE FOR RECORDING "CONFESSION" UNDER SECTION 164 Cr.P.C. If what is sought to be recorded is a "confession", then the Magistrate has to abide by the following rules:- ACCUSED ON HIS OWN ACCORD CAN MAKE A CONFESSION TO A JUDICIAL MAGISTRATE An accused himself can appear before a Judicial Magistrate for recording...

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-II]

Read the First Part Here [Part-1 - Introduction] PART-IISTAGE AT WHICH A "CONFESSION" OR "STATEMENT" CAN BE RECORDED 7. Such "confession" or "statement" can be recorded either during the course of an investigation or at any time thereafter but before the commencement of inquiry or trial. The investigation referred to under Section 164(1) can either be under Chapter...

All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-1 - Introduction]

P R O L O G U EWhat prompted me to write this Article is an observation made in a recent judgment dated 25-02-2019 rendered by a Division Bench of the Kerala High Court in Criminal Appeal No. 794 of 2014 (Ali K.B. v. State of Kerala 2019 (1) KHC 898). 2. The case before the High Court was a murder case. The learned Judges were considering the testimony of PW2 the sole eye witness in the...

Can Courts Admit Evidence Which Has Been Obtained Illegally Or Improperly?

The admissibility of evidence in Courts in India is dependent on its relevancy as per the provisions of Indian Evidence Act.Illegality or impropriety in obtaining the evidence will not affect its admissibility, if it is otherwise relevant.Test of admissibility of evidence lies in its relevancy and not on how it was obtained.In Kuruma v The Queen [1955] AC 197 the Privy Council laid down that...

SC Reiterates Basic Principles Of Judicial Review Of Administrative Decisions [Read Judgment]

"Judicial review under Article 226 is directed, not against the decision, but the decision making process."

Plaint Can Be Rejected If Suit Is Clearly Barred By Limitation: SC [Read Judgment]

"Considering the averments in the plaint if it is found that the suit is clearly barred by law of limitation, the same can be rejected in exercise of powers under Order 7 Rule 11(d) of the CPC."

When Can Transposition Of Defendants As Plaintiffs Be Permitted? SC Answers [Read Judgment]

"The powers of the Court to grant such a prayer for transposition are very wide and could be exercised for effectual and comprehensive adjudication of all the matters in controversy in the suit."