Criminal law Archives - Page 8 of 17 - Lawwatch : Legal Resources for Learners

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.

A Note on Section 3 to 5 of Indian Evidence Act

By K Rajasekharan 17 January 2024Criminal 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 in Cross Examination u/s 145 IEA

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).

Plea for Default Bail can be made Orally

By K Rajasekharan 19 September 2023Criminal law

Default bail under Section 167(2) of the Criminal Procedures Code, 1973 (CrPC) can be granted to an accused based on an oral application alone, and no physical copy or written application is needed for seeking default bail, says High court of Kerala in a judgement in Akshay v State of Kerala [ 2023(1) KLT SN 44 (C No 38)].

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.

Subsequent Anticipatory Bail Plea in HC only

By K Rajasekharan 14 September 2023Criminal law

After the dismissal of anticipatory bail application by the High Court (HC), a petitioner cannot file a subsequent anticipatory bail application, pointing out changes in circumstances, before the Sessions Court (SC). This is what the High Court of Kerala directs in Bipin Sunny v State of Kerala [ 2023 (5) KHC 125].

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)].

Accused has the right to get Un-Relied Documents

By K Rajasekharan 11 September 2023Criminal law

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 law

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.

Factors to be considered while Granting Bail

By K Rajasekharan 7 September 2023Criminal law

The Supreme Court in Teesta Atul Setalvad v State of Gujarat states that the factors, which are essentially considered at the stage of granting of bail under Sections 437 and…