Conviction based on Testimony of Sole Witness

31 March 2024Posted inCriminal law
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].

Child Witnesses : Reliability of their Evidence

22 February 2024Posted inCriminal law, Evidence law
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.

Names of the Accused & Victim not to be Disclosed

26 January 2024Posted inCriminal 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.

President Gives Assent to three Criminal Law Bills

25 January 2024Posted inCriminal 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.