Code of Criminal Procedures (CrPC)

The prosecution of the offence of perjury or forgery coming under Section 195 Indian Penal Code, 1860 (IPC) as the part of judicial proceedings can be done by a special procedure provided under 340 of the Criminal Procedure code, 1973 (CrPC).

The Supreme Court, in Arjun s/o Ratan Gaikwad v The State of Maharashtra & Another [2024 INSC 968], says preventive detention is a harsh measure, which cannot be invoked against every alleged breach of peace. The power can be invoked only when the act of the proposed detainee had a tendency of disturbing "public order”.

The Supreme Court (SC) Issued detailed procedural guidelines to be followed by the executive as well as the judiciary for handling mercy petitions and execution of death sentences so as to prevent delays in the process, in its judgement in State of Maharashtra and Others v Pradeep Yashwant Kokade and Another with Connected Case [ 2024 INSC 947].

While considering discharge of an accused, the documents which form part of the charge sheet alone can be used, but not the ones which were never part of it, says the Supreme Court (SC) in Rajnish Kumar Biswakarma v State of NCT of Delhi & Another.

Two different versions of the same incident resulting into two criminal cases are described as “case and counter case” by some High Courts or just “cross cases” by some others, says the High Court of Kerala in Faizal v State of Kerala [2024 (3) KHC 322].

The accused right to access documents, including digital documents excluding those which affect the privacy of the victim, says the High Court of Kerala in Aji v State of Kerala [2024:KER:83377].

If there arises a conflict between the right of a media to freedom of speech and expression under Article 19(1)(a) of the Constitution, and the right of an individual to his/ her dignity/ reputation that is traceable to Article 21 of the Constitution, the former has to be seen as controlled by the latter, says Kerala High Court in Dejo Kappan V Deccan Herald & Connected Cases [2024:KER:82715].

Cheating is different from breach of trust: There is a distinction between cheating and criminal breach of trust, says the Supreme Court in Delhi Race Club (1940) Ltd. & Others v State of Uttar Pradesh & Another [2024 INSC 626].

Kerala High Court, in Ajith Pillai v State of Kerala [2024:KER:78155], says taking a woman's photos while she was standing in front of her house without any secrecy will not attract the offence of voyeurism and the offence is attracted only upon watching or capturing images of a woman engaging in a 'private act' as mentioned under Section 354C of Indian Penal Code (IPC).