Supreme court
If There Are Lapses By Prosecutors, Trial Judges Should Play Active Role In Evidence Process : Supreme Court
The Supreme Court said that trial judges should take a proactive role instead of acting as "mere tape recorders" recording witness statements. If there is any lapse by the prosecutor, then the judge should intervene and ask necessary questions to the witness to elicit relevant information."It is the duty of the court to arrive at the truth and subserve the ends of justice. The courts have to take a participatory role in the trial and not act as mere tape recorders to record whatever is being...
S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court
The Supreme Court held that to summon a person as an additional accused invoking powers under Section 319 of the Code of Criminal Procedure, the degree of satisfaction is much stricter. The evidence should be such that it should lead to the conviction of the accused if it is unrebutted.Section 319(1) of Cr.P.C. states that “where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such...
The Complete Supreme Court Annual Digest- 2023 [Part-XIII]
Labour Law EPF Act can be applied even to factories not engaged in schedule 1 industries: Supreme Court rejects plea of umbrella making unit. Thankamma Baby v. Regional Provident Fund Commissioner, 2023 LiveLaw (SC) 972 Provident fund - when can two establishments be clubbed together for epf act coverage? the supreme court explains. Mathosri Manikbai Kothari College of Visual Arts v. Assistant Provident Fund Commissioner, 2023 LiveLaw (SC) 905 Electronics shop repairing &...
Prosecutors Must Effectively Cross-Examine Hostile Witnesses To Show They're Lying; Merely Marking Contradictions Not Sufficient: Supreme Court
The Supreme Court has noted a lack of thorough cross-examination by Public Prosecutors in criminal appeals, specifically with hostile witnesses.The prosecutors often only confront them with their police statement, aiming to highlight contradictions but not fully explore the witness's testimony, the Court said. The Court emphasized that the purpose of cross-examination is to challenge the accuracy and credibility of the witness's statement, uncover hidden facts, and establish if the witness is...
Section 106 Evidence Act Can't Be Applied Until Prosecution Establishes A Prima Facie Case : Supreme Court
In a notable judgment, the Supreme Court has elucidated the principles relating to the application of Section 106 of the Indian Evidence Act, 1872.Section 106 of the Evidence Act is an exception to the general rule( Section 101 of the Evidence Act) that the burden of proof is on the person who is asserting the existence of a fact. As per Section 106 of the Evidence Act, if any fact is within the special knowledge of a person, the burden of proving that fact is on him.While deciding a criminal...
Misuse Of 498A IPC : Supreme Court Requests Parliament To Amend Corresponding Section In Bharatiya Nyaya Sanhita
Raising serious concerns about the misuse of Section 498A of the Indian Penal Code proceedings against the husband and in-laws by the wife, the Supreme Court on Friday (May 3) requested the Parliament to bring out necessary changes to the new IPC i.e., Bhartiya Nyay Sanhita, 2023 (“BNS”) which contained provisions such Section 85 and 86 akin to Section 498A of IPC. “We request the Legislature to look into the issue as highlighted above taking into consideration the pragmatic realities and...
Meritorious Candidates Of Reserved Category Not Availing Reservation Benefits Should Be Treated As General Category : Supreme Court
In a recent decision, the Supreme Court observed that if the meritorious candidates from the reserved category had not availed any reservation benefit/relaxation, then such reserved category candidates would be treated at par with unreserved/general category candidates on the strength of their marks. Affirming the decision of the M.P. High Court, the bench comprising Justices C.T. Ravikumar and Sanjay Kumar observed that despite not availing the reservation, if the meritorious candidates of the...
JJ Act | Plea Of Juvenility Can Be Raised At Any Stage Even After Disposal Of Case : Supreme Court
Observing that the plea of juvenility of the accused may be raised before any court at any stage, even after final disposal of the case, the Supreme Court held that such a plea of juvenility couldn't be rejected without conducting a proper inquiry. Unconvinced with the approach of the High Court for not adverting to the prayer of the appellant/accused to consider his plea of juvenility as...
Supreme Court Directs Minimum 1/3rd Women's Reservation In Supreme Court Bar Association Posts From 2024 Elections
In a major development, the Supreme Court on Thursday (May 2) directed the implementation of a minimum 1/3rd women's reservation in the posts of the Supreme Court Bar Association "henceforth", including the ensuing elections (2024-2025).The Court further directed that in the ensuing elections for 2024-25, the post of Treasurer of SCBA shall be reserved for a woman candidate. "In the...
S.205 CrPC | Court Can Exempt Accused From Personal Appearance Before Grant Of Bail : Supreme Court
The Supreme Court on Wednesday (May 1) observed that even before the grant of bail, the accused can be exempted from showing his personal appearance before the court. “The observation (of the High Court) that there is no provision for granting exemption from personal appearance prior to obtaining bail, is not correct, as the power to grant exemption from personal appearance under the...
S.138 NI Act | Supreme Court Sets Aside HC Decision Allowing Amendment Of Cheque Date Mentioned In Complaint
The Supreme Court recently set aside a judgment of the High Court which allowed a complainant in a cheque dishonour case to amend the date of the cheque mentioned in the complaint.The Supreme Court noted that the amendment application was moved after the evidence stage was over. Here, the date of the cheque was mentioned as 22.07.2010 in the complaint. The same date was mentioned in the...