November 2024 - Page 3 of 3 - Lawwatch : Legal Resources for Advocates

Accused must explain if Crime happens in the Privacy of Home

By K Rajasekharan 3 November 2024Code of Criminal Procedures (CrPC)

When the offence of murder was committed in the presence of the accused in the privacy of their house, then he has the duty to give an explanation and a failure to offer an explanation can be treated as an adverse circumstance against the accused, as per Section 106 of the Indian Evidence Act, 1872 (IEA), says the Supreme Court (SC) in Uma & Another v The State Represented by the DySP [2024 INSC 809 ].

A Spouse not to do Surveillance on the Other

By K Rajasekharan 3 November 2024Family, Marriage & Divorce

Law cannot permit or encourage snooping by one spouse on the other. Right to privacy is a fundamental right and it includes spousal privacy. Evidence obtained by invading the fundamental right to privacy of the spouse is inadmissible in the court, says Madras High Court in the judgement in R v B.

In Cheque Case, Presence of the Accused not to be Insisted

By K Rajasekharan 2 November 2024Code of Criminal Procedures (CrPC)

Presence of the accused, particularly in cheque bouncing cases–which are semi-criminal/civil in nature, should not be ordinarily insisted upon, unless the trial court needs to either examine the accused or their statement is to be recorded, says the Rajasthan High Court.

Shouting & Threatening does not amount to Assault

By K Rajasekharan 2 November 2024Code of Criminal Procedures (CrPC)

Shouting and threatening someone doesn't amount to committing an offence of assault, says the Supreme Court (SC) in K Dhananjay v Cabinet Secretary & Others.