Criminal Laws & Procedures Archives - Page 11 of 19 - Lawwatch : Legal Resources for Aspiring Advocates

Names of the Accused & Victim not to be Disclosed

By K Rajasekharan 26 January 2024Criminal Laws & Procedures

The names and addresses of the victim and the accused should not be printed or published in relation to the inquiry or trial of rape or any offence under Section 376, 376A, 376C, 376D or 376E of Indian Penal Code (IPC) without the previous permission of the court, says the High Court of Kerala in Saleel Raveendran v Union of India.

President Gives Assent to three Criminal Law Bills

By K Rajasekharan 25 January 2024Criminal Laws & Procedures

President gives assent to the following three criminal law bills on 25th December 2023.. The Bharatiya Nyaya Sanhita 2023 which proposes to replace the Indian Penal Code (IPC), The Bharatiya Nagarik Suraksha Sanhita 2023 which proposes to replace the Code of Criminal Procedure (CrPC), and The Bharatiya Sakshya Sanhita 2023 which seeks to replace the Indian Evidence Act.

Recovery of Material Object u/s 27 of the IEA

By K Rajasekharan 17 January 2024Criminal Laws & Procedures, Indian Evidence Act

he Section 27 the Indian Evidence Act (IEA) states that so much of information obtained from the accused when he/she is in police custody leading to the recovery of any fact alone, is admissible. The statement under this Section made to the police when the accused was not in custody or its equivalent, is also inadmissible.

A Note on Section 3 to 5 of Indian Evidence Act

By K Rajasekharan 17 January 2024Criminal Laws & Procedures

The evidence act, in its Section 5, states that evidence may be given of existence or non-existence of any fact in issue and other relevant facts (declared to be relevant by the act) and of no other matter.

Contradictions in Cross Examination u/s 145 IEA

By K Rajasekharan 30 October 2023Criminal Laws & Procedures, Indian Evidence Act

The term contradiction, in criminal law, refers to the same witness making two contradicting statements in two different stages in a judicial proceeding. Such contradictions are of two kinds: direct contradictions and contradictions by omissions. Making some sort of alterations or improvements in the prior statement and subsequent statement by a witness can also be termed as contradiction by omission.

Filing a Complaint Case: Its Procedures

By K Rajasekharan 15 October 2023Criminal Laws & Procedures

A complaint case is a case filed before a Magistrate, orally or in writing, by a complainant alleging commission of an offence by a known or unknown person, with a view to taking an action by him, under Section 190 (1) (a) of the Criminal Procedure Code, 1973 (CrPC). A complaint is a statement of facts which constitutes an offence.

Accused should Get Copies of All Documents

By K Rajasekharan 15 October 2023Criminal Laws & Procedures

When a criminal case is instituted against a person on a police report the accused has the right to get a copy each of the First Information Report (FIR), statements of witnesses recorded by the police, the police report and other records filed along with the police report. This is an obligation of the Magistrate under Section 207 of the Criminal Procedure Code, 1973 (CrPC).

Police Report u/s 173 CrPC not a Public Document

By K Rajasekharan 13 September 2023Criminal Laws & Procedures

Challans or Charge Sheets filed by police under Section 173 of the Code of Criminal Procedure (CrPC) cannot be put on public domain or website, says the Supreme Court in Sarav Das v Union of India [2023 (1) KHC 451 (SC)].

Accused has the right to get Un-Relied Documents

By K Rajasekharan 11 September 2023Criminal Laws & Procedures

An accused has the right to get copies of (or examine) the unmarked and unexhibited documents, which are not being relied on by the prosecution, in a criminal proceeding, as per the Supreme Court ( SC) judgement in V K Sasikala v State Rep. By Superintendent Of Police and some other related judgements.

Accused cannot File Documents at Discharge Stage

By K Rajasekharan 11 September 2023Criminal Laws & Procedures

The trial judge usually cannot examine any material produced by the accused at the time of charge framing or discharge of the accused, says the Supreme Court (SC) in State of Orissa v Debendra Nath Padhi.