Criminal Law

  • Custody in Section 170 CrPC – Interpretation

    Explanation and Correct interpretation of the word Custody in Section 170 CrPC 1. Introduction Section 170 CrPC reads – Section 170 in The Code of Criminal Procedure, 1973 170. Cases to be sent to Magistrate when evidence is sufficient. (1) If, upon an investigation under this Chapter, it appears to the officer-in-charge of the police…

  • Human Liberty and Section 482 CrPC

    “67. Human liberty is a precious constitutional value, which is undoubtedly subject to regulation by validly enacted legislation. As such, the citizen is subject to the edicts of criminal law and procedure. Section 482 recognises the inherent power of the High Court to make such orders as are necessary to give effect to the provisions…

  • Grant of Bail – Supreme Court Guidelines

    Bail is the rule and Jail is the exception. 1. Need for Supreme Court guidelines for grant of bail The Hon’ble Supreme Court noted that the Courts in India were receiving a continuous stream of cases seeking bail after filing of the Charge sheet / Final Report. It was happening primarily due to wrong interpretation…

  • Investigation is Statutory Duty of Police

    It is the statutory duty of Police to investigate into a complaint of cognizable offence. Police investigation is not only a statutory duty but also a constitutional obligation of the Police. “24. In the criminal justice system the investigation of an offence is the domain of the police. The power to investigate into the cognizable…

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