Supreme Court Weekly Round Up May 24 - May 30, 2021

JUDGMENTS THIS WEEK1. Section 313 CrPC Examination Not A Mere Procedural Formality; Trial Court Has To Question Accused Fairly With Care And Caution: Supreme CourtCase: Satbir Singh Vs. State Of Haryana [CRA 1735-1736 OF 2010] Citation: LL 2021 SC 260The bench comprising CJI NV Ramana and Justice Aniruddha Bose expressed its concern over recording of statements under Section 313 of Code of Criminal Procedure in a very casual and cursory manner. The bench observed that the examination of an accused under Section 313, CrPC cannot be treated as a mere procedural formality, as it based on the fundamental principle of fairness.The court observed thus while dismissing the appeal filed by accused who were convicted under Section 304B IPC. The appellants were convicted by the Trial Court for the offences under Sections 304B and 306, IPC and were sentenced to undergo rigorous imprisonment for seven years for the offence punishable under Section 304B, IPC and to undergo rigorous imprisonment for five years for the offence punishable under Section 306, IPC. The High Court had upheld the Trial Court judgment. The court also referred to Section 232, CrPC which provides that, "If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal". 2. High Courts Can Grant Protection To Accused While Dismissing Anticipatory Bail Plea In Exceptional Circumstances: Supreme CourtCase: Nathu Singh vs. State of Uttar Pradesh [CRA 522 OF 2021] Citation: LL 2021 SC 261The bench comprising of CJI Ramana, Justice Surya Kant and Justice Aniruddha Bose observed that a High Court, while dismissing anticipatory bail applications, can issue protective orders only when there are exceptional circumstances."Even when the Court is not inclined to grant anticipatory bail to an accused, there may be circumstances where the High Court is of the opinion that it is necessary to protect the person apprehending arrest for some time, due to exceptional circumstances, until they surrender before the Trial Court. For example, the applicant may plead protection for some time as he/she is the primary caregiver or breadwinner of his/her family members, and needs to make arrangements for them. In such extraordinary circumstances, when a strict case for grant of anticipatory bail is not made out, and rather the investigating authority has made out a case for custodial investigation, it cannot be stated that the High Court has no power to ensure justice. It needs no mentioning, but this Court may also exercise its powers under Article 142 of the Constitution to pass such an order.", the bench observed. 3. Phrase "Soon Before" Section 304B IPC Cannot Mean 'Immediately Before': Supreme Court Issues Guidelines For Trial In Dowry Death CasesCase: Satbir Singh Vs. State Of Haryana [CRA 1735-1736 OF 2010] Citation: LL 2021 SC 260The Supreme Court bench comprising CJI NV Ramana and Aniruddha Bose observed that the phrase "soon before" as appearing in Section 304-B of the Indian Penal Code cannot be construed to mean 'immediately before'. The Court observed that prosecution must establish existence of "proximate and live link" between the dowry death and cruelty or harassment for dowry demand by the husband or his relatives.The court also observed that Section 304B, IPC does not take a pigeonhole approach in categorizing death as homicidal or suicidal or accidental.The bench observed thus while dismissing the appeal filed by accused who were convicted under Section 304B IPC. Section 304B (1) provides that 'dowry death' is where death of a woman is caused by burning or bodily injuries or occurs otherwise than under normal circumstances, within seven years of marriage, and it is shown that soon before her death, she was subjected to cruelty or harassment by her husband or any relative of her husband, in connection with demand for dowry. The court also observed that Section 304B, IPC does not take a pigeonhole approach in categorizing death as homicidal or suicidal or accidental, as was done earlier. IMPORTANT APEX COURT UPDATES 1. Upload Information Of Children Orphaned In Pandemic In National Portal : Supreme Court Directs AuthoritiesThe Supreme Court this week directed the district authorities under the Juvenile Justice Act to immediately upload information of children who have become orphans after March 2020, and immediately take charge of such children and attend to their basic needs without waiting for any further orders of this court.A division Bench of Justice Nageswara Rao and Justice Aniruddha Bose issued the direction while hearing its suo moto case 'In Re: Contagion of Covid in Children protection Homes'. The Bench was hearing an application filed by the Amicus Curiae Mr Gaurav Agrawal seeking directions in respect of children who are adversely...

Supreme Court Weekly Round Up May 24 - May 30, 2021

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Supreme Court Weekly Round Up May 24 - May 30, 2021

Nupur Thapliyal

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Nupur Thapliyal

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