Criminal Law

The present petition was originally filed with a complaint that arising from the self-same FIR, bail applications were filed separately by two accused persons and the one which was filed later was listed before the High Court of Patna and post-arrest bail was granted to him, but the petitioner who had filed the bail application […]

Principles clarified regarding permissibility and limitations on direction for further investigation or reinvestigation, by High Court by invoking its inherent powers under S. 482. Held, we can reasonably cull out the principles for application to the present case as follows: The scheme of the Code of Criminal Procedure, 1973 is to ensure a fair trial and that

Considering S. 390 CrPC, the appellate court in an appeal against acquittal may/can even suspend the order of acquittal/discharge passed by the appellate court and, therefore, Supreme Court can suspend the judgment and order passed by High Court acquitting/discharging the accused. Section 45 in The Unlawful Activities (Prevention) Act, 1967 states –“No court shall take

During the course of the investigation, statement of eye­witness – Narender   has   been   recorded.   In   his   statement   under Section 161 Cr.P.C., a specific role has been attributed to respondent No. 1 that he caught hold of the deceased and the co­accused Shekhar caused the injury on the neck of the deceased. In the FIR, the

When a claim for juvenility is raised, the burden is on the person raising the claim to satisfy the court to discharge the initial burden. However, the documents mentioned in Rules 12(3)(a)(i), (ii) and (iii) of the JJ Rules, 2007 made under the JJ Act, 2000, or, the documents mentioned in S. 94(2) of the

Based on the principles on discharge under Section 227 of the   Cr.P.C, in Dipakbhai   Jagdishchandra   Patel v.  State   of Gujarat (2019) 16 SCC 547, this Court recapitulated “…23. … All that   is required is, the court must be satisfied that with the materials available, a case is made out for the accused to stand trial… Strong suspicion must be the  

The investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41A of the Code and the directions issued in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 – Any dereliction on their part has to be brought to the notice of the higher authorities by the

Expressions “touches” or “touch” in first part of S. 7, and, “physical contact” in second part of S. 7, cannot be construed as “skin-to-skin” contact. The most important ingredient for constituting offence of “sexual assault” under S. 7 is “sexual intent” and not “skin-to-skin” contact. Crucially, neither S. 7 nor any other provision of the

Recognizes protection of victim’s right — Right of victim or their near and dear ones to seek enhancement of sentence: Victim’s right (including that of victim’s relations, heir or guardian), is a facet of human rights, a substantive and enforceable right and deserves equal regard. Criminal cannot be treated leniently solely on the ground of discretion

The High Court has not assigned reasons for the grant of bail to the respondents ­accused and has granted bail by a cryptic order de hors any reasoning. However, the Court deciding a bail application cannot completely divorce its decision from material aspects of the case such as the allegations made against the accused; severity