News Updates
Power To Take Additional Evidence- "CrPC S. 391 Akin To Order XLI Rule 27 CPC; Appellate Court Should Use Power Sparingly": Allahabad HC
Underscoring that powers under Section of 391 of the Code of Criminal the procedure is akin to those of Order XLI Rule 27 of the Code of Civil Procedure, the Allahabad High Court recently held that such powers to take additional evidence by the appellate court must be exercised sparingly.The Bench of Justice Dr. Yogendra Kumar Srivastava emphasized that the power so exercised is of...
'Victim' Has No Right To File Appeal Under CrPC On Ground Of Inadequate Sentence Awarded To Accused: Patna High Court
The Patna High Court last week observed that there is no provision under the Code of Criminal Procedure which provides for a right to appeal by the 'victim' seeking enhancement of sentence awarded to accused on the ground that an inadequate sentence of order has been passed. Against an inadequate sentence, the only provision prescribed under Chapter XXIX is Section 377 which provides...
SCAOR Welfare Trust Extends Deadline For Group Medical Insurance Scheme For Advocates & Clerks To 31st August
The Supreme Court Advocates On Record Welfare Trust has on Sunday extended its deadline for the Group Medical Insurance Scheme for Advocates and Clerks to 5.00 PM of 31st August 2021.The Advocates who are regularly practising in the Supreme Court, i.e. whose names appear in the Voters List for the year 2020 can apply for the same, provided their income is less than 8 lakhs gross.It has...
"Painful To Note That Standard Of Investigation Is Very Poor In Large Number Of Riots Cases": Delhi Court Pulls Up Police, Calls For Remedial Action
A Delhi Court has pulled up the Delhi Police for the manner of investigating cases concerning the North East Delhi riots including half baked filing of chargesheets and non appearance of Investigating Officers before Court. Additional Sessions Judge Vinod Yadav also called for immediate remedial action and asked the DCP of North East District and other senior officials to take notice of...
Allahabad HC Directs UP DGP To Train Officers On Manner Of Conducting Investigations In View Of SC's Prakash Singh Ruling
The Allahabad High Court recently directed the Director General of Police, U.P. to issue a circular/order informing all the investigating Officers through respective Superintendents of Police, the manner in which investigations to be carried out. The Bench of Justice Vivek Agarwal also directed him to ensure that all the Investigating officers are given periodic training and that the...
Rape Victim's Examination- "Direct Medical Officers To Strictly Comply With S. 164 A (2), (3) CrPC": Allahabad High Court To Govt
The Allahabad High Court last week directed the UP Government to issue a circular to all the Chief Medical Officers of the State to further direct the medical officers to strictly comply with the provisions of CrPC. and particularly Section 164 A (2) and (3) Cr.PC while submitting the medical report and their provisional/primary opinion.The Bench of Justice Manish Kumar also directed that...
Touching Cheeks Without Sexual Intent Wouldn't Attract Offence Of 'Sexual Assault' Under POCSO: Bombay High Court
Touching the cheeks without sexual intent would not attract the offence of 'sexual assault', as defined under Section 7 of the POCSO Act, the Bombay High Court has observed on Friday, while granting bail to a man booked under various offences under POCSO.Granting bail to a 46-year-old man, the Bench of Justice Sandeep K. Shinde observed that primary evaluation of the material on record does...
COVID- Plea Before Bombay High Court Challenges State's Decision To Allow Only Fully-Vaccinated Persons To Use Local Trains
A petition has been filed before the Bombay High Court challenging the Maharashtra Government's decision to permit only 'fully vaccinated persons against Covid-19' to use local trains and visit malls and workplaces. The pleas seek all people within the Mumbai Metropolitan Region be allowed to use trains, irrespective of their vaccination status. The SOP issued on August 10 and 11 by...
Physical or Hybrid? The Technology Divides The Gujarat High Court Bar
The Gujarat High Court is one of the first High Courts in the country to start functioning virtually. In the beginning of Covid, only a few benches were functioning, but with the passage of time and a slight reduction in the number of Covid cases, almost all the benches became virtual. The Chief Justice's Court took one step further by starting live streaming of proceedings on YouTube....
Deportation Of Illegal Migrants Is Of Paramount Importance, In National Interest: Patna High Court Directs Govt To Sensitize People Of Bihar
Emphasizing that deportation of illegal migrants is of paramount importance and in the national interest, the Patna High Court recently directed the Bihar State Government to specify steps taken to sensitize people of Bihar for identification and deportation of the persons suspected to be illegal migrants.The Bench of Chief Justice Sanjay Karol and Justice S. Kumar was dealing with a case...
Orissa High Court Bats For Using Best Practices Adopted Worldwide To Tackle Issue Of Overcrowding Of Jails
Taking into account the issue of overcrowding of prisons in the state, the Orissa High Court has emphasized that best practices adopted elsewhere in the world be used to address the issue of overcrowding of jails and examine how far they can be adopted for implementation in Odisha.The Bench of Chief Justice Dr. S. Muralidhar and Justice B. P. Routray also asked the state prison authorities...
Why Sentence Review Board Not Informed About Trial Court Modifying Man's Conviction From Gang Rape To Rape?: Delhi HC Asks Prison Authorities
The Delhi High Court has asked the prison authorities as to why it did not provide complete details of a man to the Sentence Review Board whose conviction was modified by the Trial Court from gang rape to the offence of rape while putting his case before the Board.Justice Mukta Gupta directed the Director General of Prisons to file an affidavit indicating why such a crucial detail was not...