Code of Criminal Procedures (CrPC) Archives - Page 10 of 19 - Lawwatch : Legal Resources for Advocates

Joinder of Charges under CrPC

By K Rajasekharan 23 April 2024Code of Criminal Procedures (CrPC)

The Section 218 of the Code of Criminal Procedure (CrPC) insists that there would be separate trial for separate charges and that every distinct offence a person is accused of shall be charged separately, says the High court of Kerala in Santosh @ Chandu v State [2024 (1) KLD 714] .

SC’s Principles for Condonation of Delay in Appeals

By K Rajasekharan 9 April 2024Code of Criminal Procedures (CrPC)

In Pathapathi Subba Reddy (Died) By Legal Heirs & Others v Special Deputy Collector (LA), the Supreme Court (SC) laid down eight principles to be followed while seeking condonation of delay in filing appeals, by providing harmonious construction to Sections 3 and 5 of the Limitation Act, 1963.

Evidence must be Construed in favour of the Accused

By K Rajasekharan 5 April 2024Code of Criminal Procedures (CrPC)

On the basis of evidence on record in a court proceeding, if two equally sustainable views - one in favourable to the accused and the other against him - are equally possible, the court should take the one that is favourable to the accused, but not the other, says the Supreme Court (SC) in Chandrappa & Others v State of Karnataka

Stay Orders will not Expire in Six months: SC

By K Rajasekharan 5 April 2024Civil Cases & Proceedures, Code of Criminal Procedures (CrPC)

In High Court Bar Association Allahabad v State Of Uttar Pradesh & Ors, a Constitutional Bench of the Supreme Court (SC) on 29th February 2024 overturned its 2018 Asian Resurfacing judgment which mandated that the interim orders passed by High Courts staying trials in civil and criminal cases will automatically expire after six months from the date of the order, unless expressly extended by the High Courts.

Conviction based on Testimony of Sole Witness

By K Rajasekharan 31 March 2024Code of Criminal Procedures (CrPC)

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].

Police Officer not to Register FIR on Offences under Drugs Act

By K Rajasekharan 28 March 2024Code of Criminal Procedures (CrPC)

Cognizance Of offence under Drugs & Cosmetics Act 1940 can't be taken based on Police Officer's complaint, says the Supreme Court (SC) in Rakesh Kumar v State of Bihar & Another.

A Magistrate has Five Options on Receipt of a Private Complaint

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

Five options available to a competent Judicial Magistrate on receipt of a written complaint, as elaborated in Biju Purushothaman v State of Kerala & Others, and reaffirmed in Manimekhala S v State of Kerala, are outlined in this write-up.

No Need to Register Corruption Case in all Cases of Malfeasance

By K Rajasekharan 2 March 2024Code of Criminal Procedures (CrPC), Prevention of Corruption Act

A prosecution under the Prevention of Corruption Act, 1988 (PCA) need not be initiated In all cases of malfeasance or misfeasance, or wrong administration, or in all cases of loss caused to the government while discharging duty by public servants, says the High court of Kerala in Manimekhala S v State of Kerala.

VACB can Investigate Cases against Central Employees

By K Rajasekharan 29 February 2024Code of Criminal Procedures (CrPC), Prevention of Corruption Act

The Vigilance and Anti-Corruption Bureau (VACB) of Kerala State, has authority to investigate offences involving corruption that take place within the State, committed by a Central Government employee or a State Government employee, says the High Court of Kerala (HCK) in State of Kerala v Navaneeth Krishnan

Child Witnesses : Reliability of their Evidence

By K Rajasekharan 22 February 2024Code of Criminal Procedures (CrPC), Indian Evidence Act

All persons are competent to testify as a witness under Section 118 of the Indian Evidence Act. But a person who is unable to understand the question put to him or to give relational answer to the question owning to tender age, extreme old age, disease of mind or body or any other cause is not a competent witness. In criminal case, the basic test of competence is whether the person is able to understand questions put to him as a witness and give answers to them which can be understood.