The answer to the above question has always been ‘No’. The settled law in this regard is that the court cannot look at defence material at the… Read more “Whether the accused can rely on material beyond the chargesheet to seek a discharge?”
Category: Cr.P.C
Complaint w.r.t offence u/s 182 of the IPC not maintainable without compliance with Section 195 of the CrPC rules the Supreme Court
The Supreme Court recently in Saloni Arora v. State (NCT of Delhi), (2017) 3 SCC 286 has held that a case for an offence u/s 182 of the IPC… Read more “Complaint w.r.t offence u/s 182 of the IPC not maintainable without compliance with Section 195 of the CrPC rules the Supreme Court”
Whether amendment in a criminal complaint case is permissible or not ?
The Hon’ble Supreme Court in S.R.Sukumar vs. S.Sunaad Raghuram. (2015) 9 SCC 609, answers in the affirmative. The Court held :- “What is discernible from the U.P. Pollution Control… Read more “Whether amendment in a criminal complaint case is permissible or not ? “
Whether an accused additionally summoned u/s 319 of the CrPC, is entitled to a hearing on point of discharge, or not?
The short but important question that this post seeks to answer is : “Whether an accused additionally summoned u/s 319 of the CrPC, is entitled to a hearing… Read more “Whether an accused additionally summoned u/s 319 of the CrPC, is entitled to a hearing on point of discharge, or not?”
Running of Sentence – Concurrent or Consecutive ?
A Note on SC judgment in V.K.Bansal v. State of Haryana, (2013) 7 SCC 211. General Rule – Sentences should run consecutively (that is, one after the… Read more “Running of Sentence – Concurrent or Consecutive ? “
A Note on Further Investigation/Section 173(8) of the CrPC
* In this note we try to demystify the provisions relating to ‘Further Investigation, post filing of police report’ Magisterial vigil does not terminate on the filing… Read more “A Note on Further Investigation/Section 173(8) of the CrPC”
A note on ‘Monitoring of Investigation’
Archaic notions of a passive magistrate have taken a thorough beating over the last couple of years and the definitive shift towards a more inquisitorial and participative… Read more “A note on ‘Monitoring of Investigation’”
Who is a ‘Wife’ for the purposes of Section 125 of the CrPC ?
The Hon’ble Supreme Court recently In Badshah v. Urmila Badshah, (2014) 1 SCC 188, has held that ‘wife’ for the purpose of Section 125 means legally wedded… Read more “Who is a ‘Wife’ for the purposes of Section 125 of the CrPC ? “
The Procedural Aspects of Issue of Process; Understanding Summons, Warrants and Proclamation.
Summons, Warrants and Proclamation are the measures by which court seeks to ensure appearance of parties/accused/witnesses, before itself, ranging from commutative to compulsive and usually in that… Read more “The Procedural Aspects of Issue of Process; Understanding Summons, Warrants and Proclamation.”
Rahul's IAS - The Official Blog 