Supreme Court Half Yearly Digest 2022 - Code of Criminal Procedure 1973

Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the fact that the written complaint was indeed filed by the appellant on 10.07.2012, well within the period of limitation of 3 years with reference to the date of commission of offence i.e., 04.10.2009 - Rejected the contention that Sarah Mathew's case requires reconsideration on the ground that some of the factors related with Chapter XXXVI CrPC have not been considered. Amritlal v. Shantilal Soni, 2022 LiveLaw (SC) 248 : 2022 (4) SCALE 500 Code of Criminal Procedure, 1973; Chapter VIII - Powers of the Executive Magistrate to take bond for maintaining security and for keeping the peace and good behaviour by the citizens - Procedure explained. (Para 7) Devadassan v. Second Class Executive Magistrate, 2022 LiveLaw (SC) 260 Code of Criminal Procedure, 1973; Part II of First Schedule - Copyright Act, 1957 - Section 63 of the Copyright Act is a cognizable and nonbailable offence. (Para 7) Knit Pro International v. State of NCT of Delhi, 2022 LiveLaw (SC) 505 : 2022 (8) SCALE 647 Code of Criminal Procedure, 1973; Part II of First Schedule - If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence. Only in a case where the offence is punishable for imprisonment for less than three years or with fine only the offence can be said to be noncognizable. (Para 5.3) Knit Pro International v. State of NCT of Delhi, 2022 LiveLaw (SC) 505 : 2022 (8) SCALE 647 Code of Criminal Procedure, 1973; Section 2 (wa) - 'Victim' and 'complainant / informant' - It is not always necessary that the complainant / informant is also a 'victim', for even a stranger to the act of crime can be an 'informant', and similarly, a 'victim' need not be the complainant or informant of a felony. (Para 24) Jagjeet Singh v. Ashish Mishra @ Monu, 2022 LiveLaw (SC) 376 : AIR 2022 SC 1918 Code of Criminal Procedure, 1973; Section 2 (wa) - Victim's right to be heard - A 'victim' within the meaning of Cr.P.C. cannot be asked to await the commencement of trial for asserting his/her right to participate in the proceedings. He / She has a legally vested right to be heard at every step post the occurrence of an offence. Such a 'victim' has unbridled participatory rights from the stage of investigation till the culmination of the proceedings in an appeal or revision - Where the victims themselves have come forward to participate in a criminal proceeding, they must be accorded with an opportunity of a fair and effective hearing. (Para 24, 25) Jagjeet Singh v. Ashish Mishra @ Monu, 2022 LiveLaw (SC) 376 : AIR 2022 SC 1918 Code of Criminal Procedure, 1973; Section 24 - Public Prosecutor - A public prosecutor occupies a statutory office of high regard. Rather than a part of the investigating agency, they are instead, an independent statutory authority who serve as officers to the court. The role of the public prosecutor is intrinsically dedicated to conducting a fair trial, and not for a "thirst to reach the case in conviction". (Para 171 - 177) Manoj v. State of Madhya Pradesh, 2022 LiveLaw (SC) 510 : 2022 (9) SCALE 67 Code of Criminal Procedure, 1973- Section 25A - Role of Director of Prosecution in the administration of Justice - The post of Director of Prosecution is a very important post in so far as the administration of justice in criminal matters is concerned. It is the duty of the Director of Prosecution to take prompt decision. Given that crimes are treated as a wrong against the society as a whole, the role of the Director of Prosecution in the administration of justice is crucial. He is appointed by the State Government in exercise of powers under Section 25A of the Code of Criminal Procedure. That his is a crucial role is evident from conditions such as in Section 25A (2) of the Code, which stipulates a minimum legal experience of not less than ten years for a person to be eligible to be Directorate of Prosecution and that such an appointment shall be made with the concurrence of the Chief Justice of the High Court. (Para 11) Jayaben v. Tejas Kanubhai Zala, 2022 LiveLaw (SC) 29 : AIR 2022 SC 358 : (2022) 3 SCC 230 Code of Criminal Procedure, 1973; Section 53A - The lapse or omission (purposeful or otherwise) to carry out DNA profiling, by itself, cannot be permitted to decide the fate of a trial for the offence of rape especially, when it is combined with the commission of the offence of murder - Even if such a flaw had occurred in the investigation in a given case, the Court has still a duty to consider whether the materials and evidence...

Supreme Court Half Yearly Digest 2022 - Code of Criminal Procedure 1973

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