Accused must explain if Crime happens in the Privacy of Home

3 November 2024Posted inCriminal law
When the offence of murder was committed in the presence of the accused in the privacy of their house, then he has the duty to give an explanation and a failure to offer an explanation can be treated as an adverse circumstance against the accused, as per Section 106 of the Indian Evidence Act, 1872 (IEA), says the Supreme Court (SC) in Uma & Another v The State Represented by the DySP [2024 INSC 809 ].

Registering Officer cannot Cancel a Registered Document

31 October 2024Posted inProperty & Succession
A conjoint reading of Sections 17, 18, 32, 34 and 35 enjoins to the clear inference that upon a document, which is compulsorily registerable as provided u/s 17, the registering authority, upon satisfying himself that the document is presented by the proper person and being satisfied with the same as per the provision provided u/s 34 is bound to admit the document for registration, unless contrary to the aforesaid provisions unfolds, which alone could cause the registering authority to deny execution of the document, says the Supreme Court (SC) in Satya Pal Anand v State of Madhya Pradesh & Others.

Charge of Abetment of Suicide only if Incitement is Direct

11 October 2024Posted inCriminal law
The ingredients to constitute an offence, the abetment of suicide, under Section 306 of the Indian Penal Code ( IPC) () is attracted if the suicide is committed by the deceased due to direct and alarming encouragement or incitement by the accused leaving no option but to commit suicide, reiterates the Supreme Court (SC) in Nipun Aneja And Ors v State of Uttar Pradesh [2024 INSC 767].