Criminal law Archives - Lawwatch : Legal Resources for Learners

A Woman Subjected to Domestic Violence alone Can Seek Remedies under PWDV Act

By K Rajasekharan 19 May 2025Criminal law, UncategorizedNo Comments

The Protection of Women against Domestic Violence Act (PWDV Act), particularly its Section 12, makes it very clear that an application for the reliefs provided under Sections 18 to 22 can be made only by an aggrieved person or on her behalf, says the High Court of Kerala in Shynil & Others v State of Kerala & Others [2024:KER:89997].

Appellate Court Cannot Enhance Sentence in an Appeal by the Convict

By K Rajasekharan 18 May 2025Criminal lawNo Comments

An appellate court cannot enhance the sentence in an appeal filed by the convict, as it violates the principle of fairness and the statutory scheme under Section 386(b)(iii) Code of Criminal Procedure (CrPC), which prohibits enhancement in such appeals, says the Supreme Court ( SC) in Sachin v State Of Maharashtra [2025 INSC 518].

SC Warns Against Cruel Misuse of 498A Cases by Wife

By K Rajasekharan 17 May 2025Criminal lawNo Comments

The Supreme Court (SC), in Rajesh Chaddha v State of Uttar Pradesh [2025 INSC 671] warns against the cruel misuse of Section 498A of the Indian Penal Code (IPC) and such other provisions of law against husband and in-laws by the wife and her relatives, without concrete evidence.

No Prior Govt Sanction Required for Inquiry or Investigation in Some Circumstances

By K Rajasekharan 16 May 2025Corruption & Bribery cases, Criminal lawNo Comments

The prior sanction of the Government, as mandated under Section 17A of Prevention of Corruption Act (PC Act) in regard to recommendations made or decisions taken, would not be necessary when the act of the public servant is ex-facie criminal or constitutes an offence. This is what the Supreme Court (SC) states in the judgement in Shankara Bhat and Others v. State of Kerala and Others [2021(5) KHC 248].

Sanction Required to Prosecute a Public Servant if the Alleged Act is Connected to Official Duties

By K Rajasekharan 14 May 2025Corruption & Bribery cases, Criminal lawNo Comments

The Section 197 of the Code of Criminal Procedure (CrPC) protects the public servants from frivolous or vexatious prosecution by requiring prior sanction from the Government before they can be prosecuted for acts allegedly committed in the discharge of their official duties and such protection extends even to acts carried out in excess of official duties, as long as there is a reasonable nexus between the alleged act and the discharge of official functions, says the Supreme Court (SC) in G.C. Manjunath v Seetaram [2025 INSC 439].

Criminal Law Cannot be Set in Motion Suppressing Material Facts

By K Rajasekharan 7 May 2025Criminal lawNo Comments

The Supreme Court (SC) addressed the issue of whether the complaint filed by a complainant under Section 138 of the Negotiable Instruments Act, suppressing material facts, is valid in Rekha Sharad Ushir v Saptashrungi Mahila Nagari Sahkari Patsansta Ltd [ 2025 INSC 399].

Additional Witness can be Examined u/s 311 CrPC, if Court Permits

By K Rajasekharan 1 May 2025Criminal law

An additional witness summoned as per Section 311 of the Code of Criminal Procedure (CrPC) can be examined as a Prosecution Witness if the court finds that such a person ought to have been examined as a prosecution witness, but was omitted due to oversight, mistake or for any other reason.

Demand of Bribe to be Proved in Bribery Case : SC Constitutional bench

By K Rajasekharan 30 April 2025Corruption & Bribery cases, Criminal law

A Constitutional Bench of the Supreme Court (SC) declares, in Neeraj Dutta v State ( Govt of NCT, New Delhi) [2023(1) KLD 1 (SC), that the proof of demand and acceptance of illegal gratification by a Public Servant is a sine qua non to establish the guilt under Section 7 & 13 (1) (d) (i) of the Prevention of Corruption Act, 1988 (PCA).

What a Magistrate can do When he Receives a Complaint?

By K Rajasekharan 29 April 2025Criminal law1 Comment

On receipt of a written complaint, under Section 2(d) CrPC, a Judicial Magistrate or Special Judge, who is competent to take cognizance of the case, have five options to take, says the High Court of Kerala in Dr. Mathew A. Kuzhalnadan v Pinarayi Vijayan & Others [2025:KER:26809].

Ordering CBI Investigation cannot be Challenged by Prospective Accused

By K Rajasekharan 25 April 2025Criminal law

A direction for an investigation by the CBI issued by a constitutional court is not open to challenge by the prospective suspect or accused, and the matter for entrusting investigation to a particular agency is basically the discretion of the court, says the Supreme Court (SC) in Ramachandraiah & Another v M Manjula & Others [2025 INSC 556].

Investigation by CBI may be Ordered in Exceptional Cases, But not as a Routine Manner

By K Rajasekharan 21 April 2025Criminal law

The Supreme Court (SC), in a catena of cases, has set some broad guidelines for transferring cases to the CBI. Kerala High Court also says involvement of CBI should be exercised sparingly and only in exceptional circumstances.

Granting Anticipatory Bail : SC Guidelines

By K Rajasekharan 13 April 2025Criminal law

A great ignominy, humiliation and disgrace is attached to arrest. Arrest leads to many serious consequences not only for the accused but for the entire family and at times for the entire community, says the Supreme Court (SC) in Bhadresh Bipinbhai Sheth v State of Gujarat & Another [ AIR 2015 SC 3090].