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: Criminal Law
Draconian bail provision under Prevention of Money Laundering Act (“PMLA”) struck down by the Supreme Court as arbitrary, unjust, violative of constitutional guarantee of ‘equality’ and ‘due process’ and, therefore, UNCONSTITUTIONAL….
The decision under discussion is the latest ruling of the Hon’ble Supreme Court in Nikesh Tarachand Shah v. State (2017 SC) (accessible at : http://sci.gov.in/supremecourt/2017/13393/13393_2017_Judgement_23-Nov-2017.pdf). To start at… Read more “Draconian bail provision under Prevention of Money Laundering Act (“PMLA”) struck down by the Supreme Court as arbitrary, unjust, violative of constitutional guarantee of ‘equality’ and ‘due process’ and, therefore, UNCONSTITUTIONAL….”
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”
Latest Supreme Court order in relation to inadequacies and deficiencies in Criminal trials with special reference to recording of evidence and judgment writing.
Latest Supreme Court order in relation to inadequacies and deficiencies in Criminal trials with special reference to recording of evidence and judgment writing. The Supreme Court recently… Read more “Latest Supreme Court order in relation to inadequacies and deficiencies in Criminal trials with special reference to recording of evidence and judgment writing.”
Self incrimination and Voice Samples. Can an accused be directed to give voice samples for evidentiary purposes…read on
The two short questions that this post purports to answer is : Whether directing an accused to give voice samples (voice spectography test) amounts to compelling him to be… Read more “Self incrimination and Voice Samples. Can an accused be directed to give voice samples for evidentiary purposes…read on”
Obscenity over the Internet ? Section 292 IPC not attracted, rules the Supreme Court.
The Supreme Court recently in Sharat Babu Digumarti v. Govt. of NCT of Delhi – 2016 SCC OnLine SC 1464, has ruled that in a case if no charge… Read more “Obscenity over the Internet ? Section 292 IPC not attracted, rules the Supreme Court.”
On Principles relating to Corporate Criminal Liability : A note on the recent judgment in Sunil Bharti Mittal v. CBI (2015)
The Hon’ble Supreme Court recently in Sunil Bharti Mittal v. Central Bureau of Investigation (2015) 3 judges bench has clarified the principles of corporate criminal liability. Now… Read more “On Principles relating to Corporate Criminal Liability : A note on the recent judgment in Sunil Bharti Mittal v. CBI (2015)”
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 ? “
Artistic Freedom Versus Law of Obscenity.
In a huge boost to ‘Freedom of Speech and Expression and Artistic Liberty’, the Hon’ble High Court of Madras in Perumal Murugan v. Government of Tamil Nadu, 2016… Read more ” Artistic Freedom Versus Law of Obscenity.”
Corporations and the Law of Defamation : On whether a company can be an ‘accused’ or a ‘complainant’ in a criminal action for defamation ?
The Law of Defamation has been a topic of intense legal debate in the recent times. Apart from a recent challenge as to its very constitutionality (which… Read more “Corporations and the Law of Defamation : On whether a company can be an ‘accused’ or a ‘complainant’ in a criminal action for defamation ?”
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