Criminal law Archives - Page 2 of 12 - Lawwatch : Resources for Learners

No Need to Register Corruption Case in all cases of Malfeasance

By K Rajasekharan 2 March 2024Criminal law

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 2024Criminal law

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

A Woman can file a Case against a Female under DV Act

By K Rajasekharan 14 February 2024Criminal law, Family, Marriage & Divorce

A complaint, under the Protection of Women from Domestic Violence Act 2005 (DV Act), can be filed by an aggrieved woman, who has been in domestic relationship with her and the case can be against a female member of the family as well.

Names of the Accused & Victim not to be Disclosed

By K Rajasekharan 26 January 2024Criminal law

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.

Recovery of Material Object u/s 27 of the IEA

By K Rajasekharan 17 January 2024Criminal law, Evidence law

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.

President Gives Assent to three Criminal Law Bills

By K Rajasekharan 25 December 2023Criminal law

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.

A Note on Section 3 to 5 of Indian Evidence Act

By K Rajasekharan 17 December 2023Criminal law

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 & Omissions in Cross Examination

By K Rajasekharan 30 October 2023Criminal law, Evidence law

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 law

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 law

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).

Arrest & Bail: SC reiterates its Directions

By K Rajasekharan 14 September 2023Criminal law

In a recent judgement in Md. Asfak Alam v The State of Jharkhand, the Supreme Court (SC) re-issues directions to all courts in the country reiterating the directions already issued in Arnesh Kumar v State of Bihar and Another.

Police Report u/s 173 CrPC not a Public Document

By K Rajasekharan 13 September 2023Criminal law

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)].