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Criminal Law Judiciary

Prosecution Under UP Gangsters Act Permissible Even In Case Of A Single FIR/Charge-sheet for Anti-Social Activities: Supreme Court

 28 April 2022

Apex Court has made it indubitably clear that the prosecution under the UP Gangsters Act is permissible even in case of single FIR/charge-sheet for anti-social activities. It thus merits no reiteration that the Apex Court has very rightly refused to ..

Posted in Criminal Law |   689 hits

Compromise Deed Must State Reasons For Settlement For Quashing Of FIR And Criminal Proceedings

 07 February 2022

While leaving not even an iota of doubt, the Punjab and Haryana High Court in a learned, laudable, landmark and latest judgment titled Narinder Singh and another Vs State of Punjab and another in CRM-M No. 22725 of 2021 delivered recently on February..

Posted in Criminal Law |   788 hits

Section 427 CrPC: Concurrent Running Of Sentences Shall Not Be Allowed In Drug Trafficking Cases: SC

 14 December 2021

Apex Court makes it absolutely clear in this cogent, commendable, composed and convincing judgment that concurrent running of sentences shall not be allowed in drug trafficking cases! It must be mentioned here that the Bench was considering a special..

Posted in Criminal Law |   782 hits

In Heinous Offence Of Rape, Proceedings Cannot Be Quashed Even If Parties Have Reached Settlement

 29 November 2021

In an extremely exemplary observation, the Karnataka High Court has in a learned, laudable, landmark and latest judgment titled Anil S/o Venkappa Kushalkar v. The State of Karnataka in Criminal Petition No. 201199/2021 delivered recently on October 2..

Posted in Criminal Law |   857 hits

Maheshwar Tigga v. State of Jharkhand (2020) - Misconception of Fact Arising out of Promise to Marry

 31 October 2020

In a well-reasoned, well-analysed and well worded judgment titled Maheshwar Tigga vs State of Jharkhand in Criminal Appeal No. 635 of 2020 (Arising out of SLP (Crl.) No. 393 of 2020) delivered just recently on September 28, 2020, a three Judge Benc..

Posted in Criminal Law 1 comments |   2078 hits

Purushottam Dashrath Borate & Anr v. State of Maharashtra (2013) - Death Sentence for Gang Rape

 28 October 2020

The Supreme Court dismissed the appeal & upheld the decision of the HC and held that “the heinous offence of gang-rape of an innocent and helpless young woman by those in whom she had reposed trust, followed by a cold-blooded murder and calculated at..

Posted in Criminal Law |   1292 hits

R v. Prince (1875) - Mistake of Fact

 21 October 2020

The Court held that Mistake of fact does not stand as a defense to a crime where the statute making the act a crime contains no requirement of knowledge of that fact to begin with. In this case the forbidden act is wrong in itself and the legislature..

Posted in Criminal Law |   20482 hits

R v. M'Naghten (1843) - Defense of Insanity

 21 October 2020

The jury reached a verdict of not guilty by reason of insanity. Also, itheld that “every man is presumed sane and to possess a sufficient degree of reason to be responsible for his crimes. Therefore, in order to establish an insanity defense, it must..

Posted in Criminal Law |   3167 hits

Dr. Mrs. Nupur Talwar v. State of UP & Anr (2017) - Aarushi Talwar Murder Case

 07 October 2020

The court acquitted the parents of Aarushi Talwar, calling the evidence against them unsatisfactory and severely criticizing the police, CBI and the media for not having investigated the murder properly...

Posted in Criminal Law |   5907 hits

SC laid down guidelines for compensation and rehabilitation of rape victims

 30 September 2020

The Hon’ble Supreme Court held that rape transgressed the fundamental right to live with dignity under Article 21 of the Constitution. The court mandated the National Commission of Women to prepare a scheme for the rehabilitation of the rape victims ..

Posted in Criminal Law 1 comments |   5641 hits

Merely Because DNA Report Does Not Establish Paternity Is No Ground For Release On Bail

 05 September 2020

In a well-balanced, well-analysed, well-worded and well-reasoned judgment delivered by a woman Judge named Justice Bharati Dangre of the Bombay High Court in a latest, landmark and laudable judgment titled Vaibhav Bhanudas Ubale Vs The State of Mah..

Posted in Criminal Law |   718 hits

Transfer of criminal case from Bombay to Delhi

 27 August 2020

The court observed that normally the complainant has the right to choose any court having jurisdiction and the accused cannot dictate where the case against him should be tried...

Posted in Criminal Law |   644 hits

Indian Evidence Act, 1872- Section 27- Shri Silash Singh Kurid v. The State

 20 July 2020

The Trial Court on the examination of the evidence and materials on record held that the circumstantial evidence surrounding the commission of the offence clearly connected the accused persons with the offence and it further ordered conviction under ..

Posted in Criminal Law |   1670 hits

Where in a case of murder, the FIR given by the accused contained confession as well as incriminating facts, it was held to be not admissible in evidence

 17 July 2020

Upon hearing the parties to the case, the Court held that the accused was guilty of the offence under Section 302 IPC. However, the capital punishment awarded by the Sessions Court was set aside and life imprisonment was awarded. The Court further ..

Posted in Criminal Law |   1010 hits

Social evil of sex-selective abortion and the grave need to undertake measures to resolve the same

 11 July 2020

The Court finally held that, when a female foetus is destroyed through artificial means which is legally impermissible, the dignity of life of a woman to be born is extinguished. It corrodes the human values. The Legislature has brought a complete co..

Posted in Criminal Law |   627 hits

Honour Killing and the need to issue guidelines governing it

 24 June 2020

Honour killing is a social evil that undermines the development of a society. Judicial pronouncements as in the present case and penal laws acts as a tool to evict such evils from the society. ..

Posted in Criminal Law |   582 hits

Whether evidence can be recorded by video conferencing in a criminal trial

 23 June 2020

The Court held that evidence can be recorded by way of video conferencing relying on Section 273 with a different view, stating that where a witness is willing to give evidence an official of the Court can be deported to record evidence on commission..

Posted in Criminal Law |   1036 hits

The judgment of a Criminal Court is not binding on a Civil Court in a subsequent proceeding for succession

 13 June 2020

The Civil Court has the power and jurisdiction to decide the question upon taking appropriate evidence as would be required for passing a declaration in terms of Section 25 of the Hindu Succession Act, 1956 to disqualify the husband defendant to inhe..

Posted in Criminal Law |   491 hits

Genesis and history of criminal procedure in India

 11 June 2020


Posted in Criminal Law |   696 hits

Nithari Killings

 20 May 2020

Two Nithari residents claimed in December 2006 that they knew where the remains of children who had gone missing in the previous two years were located: the municipal water tank behind the building. Both had missing daughters and they suspected Surin..

Posted in Criminal Law |   1865 hits

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