Code of Criminal Procedure – CrPC
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Anticipatory Bail in Matrimonial Cases (Sec 438 CrPC): Supreme Court Judgments
1. Introduction Resolution of matrimonial disputes calls for extra care and empathy on part of authorities including courts in order to prevent any further escalation of acrimony between parties in dispute. At times, matrimonial disputes resolve when both parties are willing to give up their allegations to make a fresh start in life. Whereas sometimes…
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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…
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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…
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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…
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Sole Eye Witness should be Reliable & Trustworthy
The Supreme Court rulings stress the necessity for reliable testimony in convicting based on an eyewitness account. If credibility is questionable, independent corroboration is required. Factors like unnatural witness behavior or unexplained circumstances can undermine credibility. Each case demands examining witness conduct and corroborating evidence critically before conviction. “8. It is a settled principle of…
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Object and Purpose of Lodging FIR – Section 154 CrPC
The criminal justice system hinges on FIR lodging, prosecution, investigation, trial facilitation, and speed. Significant court rulings underscore the FIR’s critical role in ensuring early, reliable information on crimes, emphasizing the risks of delays leading to distorted accounts. The FIR initiates legal proceedings and guides investigators. In fact, lodging of FIR, launching of criminal prosecution,…
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Maker of Dying Declaration Survives
The Supreme Court has held that a statement recorded as a dying declaration cannot be treated as evidence under Section 32 of the Evidence Act if the declarant survives. Instead, it’s considered a statement under Section 164 of the Code, usable for corroboration or contradiction. Confessions must be voluntary, truthful, and corroborated, and a statement…
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- Anticipatory Bail in Matrimonial Cases (Sec 438 CrPC): Supreme Court Judgments
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