Conviction based on Testimony of Sole Witness

31 March 2024Posted inCriminal law
A conviction of an accused can be recorded based on the testimony of the single witness. While doing so the court must be satisfied that the testimony of the sole witness is of sterling quality, free from any blemish or suspicion to connect solely on the testimony of single witness [Bhimappa Chandrappa Hosamani v State of Karnataka : 2006 AIR SC 5043].

Sanction Needed to order Investigation u/s 19 of PCA

28 March 2024Posted inCriminal law
The government sanction, under section 19 of the Prevention of Corruption Act (PCA), is a prerequisite for a court in ordering an investigation under Section 156(3) of the Code of Criminal Procedure (CrPC) on a private complaint, against a public servant, the High Court of Kerala states in  C.V. Balan & Ors. v. State of Kerala & Ors.

Suicide due to Dowry Harassment u/s 498A & 304B IPC

23 March 2024Posted inCriminal law
Minor quarrels between spouses due to differences of opinion or sporadic instances of ill-treatment would not establish an offence of cruelty under Section 498A of the Indian Penal Code (IPC), says the High Court of Kerala in Sreekumar s/o Chellappan Chettiyar v State of Kerala [2024 (1) KLT 382] delivered on 4th January 2024.

Inquiry by Magistrate u/s 202(1) CrPC in Cheque Cases

21 March 2024Posted inNegotiable Instruments
In cheque cases filed under Section 138 of the Negotiable Instruments Act (NI Act), when the accused resides beyond the territorial jurisdiction of the court, an inquiry is to be conducted by the Magistrate under Section 202(1) of the Code of Criminal Procedure (CrPC), to arrive at sufficient grounds to proceed against the accused and the Magistrate can dispense with the Section 202 (1) inquiry if the complainant files an affidavit in lieu of the inquiry, as per the Constitutional Bench judgement: In re: Expeditious Trial of Cases Under Section 138 NI Act).

Use of Documents under RTI as Evidence in Courts

17 March 2024Posted inEvidence law
The Section 65 (f) of the IEA allows certified copies permitted under the IEA or by any other law in force in India to be treated as secondary evidence. The RTI Act falls within the ambit of "any other law in force in India.” Therefore the certified copies obtained through the RTI Act can be treated as secondary evidence and can be admitted in court and they can be presumed to be true, unlike a private document.

Proving a Will when Attesting Witness is not Found

10 March 2024Posted inEvidence law
An instrument, such as a Will, mortgage deed, or gift deed, which needs to be compulsory attested as per law, shall not be used in evidence, unless one attesting witness has been called to the court for proving its execution, if the attesting witness is alive, living with in the sphere of the process of the court, and can give evidence, under Section 68 of the Indian Evidence Act, 1872 (IEA).