Law Exams
Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-3]
L. Can it be said that certain offences committed by public servants cannot constitute acts done in performance of official duty ? 13. Unfortunately yes, in the light of certain decisions of the Supreme Court. In State of H.P. v. M.P Gupta (2004) 2 SCC 349 = AIR 2004 SC 730 - Doraiswamy Raju, Arijit Pasayat - JJ, it was held by the Apex Court that it was no part of...
Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-2]
F. The inevitable requirements for sanction to prosecute an accused who is a Judge, Magistrate or a Public Servant 7. It is not enough that the Judge, Magistrate or “public servant” concerned is holding such post. It should be further shown that they are not removable from their office except by or with the sanction of the appropriate Government and that the...
Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-I]
A. I N T R O D U C T I O N Section 197 Cr.P.C. has been enacted for affording some protection to “public servants” including Judges and Magistrates. In the case of Judges and Magistrates, they have to function without any fear or favour, affection or ill will. As long as they act bona fide, they need protection for fearlessly administering justice and any...
“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-XII]
Q.56 Supposing, in the above question “police custody” of the accused is wrongly obtained from the Court and while so, a recovery falling under Section 27 of the Evidence Act is effected. Is the recovery evidence admissible? Ans. Yes. Such a confession is not liable to be excluded merely on the ground that it was obtained under an illegal order of remand. (Vide State v....
Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-2
MCQs based on Current SC Judgments- September 2023 21. As far as the comparison between ocular evidence and the opinion of medical experts goes, which statement is correct in this regard?a) Medical expert opinions should always take precedence over eyewitness accounts.b) Ocular evidence should be considered only if it matches the medical expert opinions.c) Ocular evidence holds...
“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-XI]
Q.51 The culprit husband who is subsequently made an accused voluntarily goes to the police station soon after committing brutal murder of his wife and tells the Sub Inspector who is the SHO that he butchered his wife to death and reveals the place where he has concealed the chopper. The Head Constable is sent to the place mentioned by the person. The Head Constable finds the chopper...
Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-1
MCQs based on Current SC Judgments- September 20231. Recently, in Zunaid v. State of UP 2023 LiveLaw (SC) 730, what power did the Supreme Court affirm regarding the Magistrate's authority after receiving the final police report under Section 173 CrPC?a) The Magistrate must accept the final report without any discretion.b) The Magistrate can only order a reinvestigation.c) The Magistrate...
“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-X]
Q.46 A weapon is recovered on the basis of the statement made by the accused during the investigation of another case. Whether it is admissible under Section 27?Ans. Yes. (See – • State of Rajasthan v. Bhup Singh – 1997 (10) SCC 675 - A. S. Anand, K. T. Thomas – JJ ; • Para 37 of Mohan Lal v. State of Rajasthan (2015) 6 SCC 222 = AIR 2015 SC 2098 - Dipak Misra, S. A. Bobde...
“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-IX]
Q.41 The accused in a murder case when arrested by the police makes the following statement:- “That knife is concealed beneath the tiles of the cowshed of my neighbor Antony. If I am taken there I can take out the same and produce before you” Does not the above statement contain the element of criminality tending to connect the accused with the crime ? Ans. No. The...
“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-VIII]
Q.36 Whether an “extra-judicial confession” made by the accused to TV and press reporters in an interview arranged by the police while the accused was in the immediate presence of the police or in police custody, is admissible? Ans. No, such “extra-judicial confession” will be hit by Section 26 of the Evidence Act. If the statement was made to a police officer, it will...
“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-VII]
Q.31 What is the test for making “conduct” admissible under Section 8 of the Evidence Act ? Ans. In order to be admissible under Section 8 of the Evidence Act, the conduct of the accused should have a close nexus with the “fact in issue” or “relevant fact”. Explanation 1 to Section 8 makes the position clear. (Vide paras 205 and 206 of State (NCT of Delhi) v....
“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-VI]
Q.26 Whether a “confession” made while in “police custody” is admissible in evidence and is there any exception ? Ans. No. A mere confession made by an accused person to a police officer cannot be proved against such accused person in view of the bar under Section 25 of the Evidence Act. Likewise, a confession made while in the custody of a police officer also cannot be...