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."

When Can A 'Cheque Bounce' Complaint Against Director Of Company Be Quashed? SC Answers [Read Judgment]

"The law requires that the complaint must contain a specific averment that the Director was in charge of, and responsible for, the conduct of the company’s business at the time when the offence was committed."

Sale Of Minor's Property By Guardian Can Be Avoided Only By Filing Suit To Set Aside Deed Within Period Under Art.60 Limitation Act : SC [Read Judgment]

Sale of minor's property without Court's leave voidable and not void; so deed has to be set aside