Criminal Law
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Cross Cases / FIR – Supreme Court Guidelines
1. What are Cross Cases or Cross FIRs? Cross cases or Cross FIRs refer to situations where two parties file separate First Information Reports (FIRs) in response to an incident, each accusing the other of a crime. This typically happens when both parties involved in an altercation or dispute accuse each other of wrongdoing, leading […]
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Magistrate’s Power under Section 156(3) CrPC
“11. In this connection we would like to state that if a person has a grievance that the police station is not registering his FIR under Section 154 CrPC, then he can approach the Superintendent of Police under Section 154(3) CrPC by an application in writing. Even if that does not yield any satisfactory result […]
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Supreme Court on Honourable Acquittal in Criminal Cases
The phrase Honourable Acquittal is neither defined in Criminal Procedure Code (CrPC) nor defined in Indian Penal Code (IPC). However, the Hon’ble Supreme Court in a plethora of cases has deliberated on the issue (of honourable acquittal) to clarify the concept and its wide ramifications 1. Introduction Acquittals play a crucial role in the criminal […]
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When the Court may Intervene during Investigation by Police
The Supreme Court of India in Manohar Lal Sharma vs. Principal Secretary and ors., (2014) 2 SCC 532 held- 29. In the criminal justice system the investigation of an offence is the domain of the police. The power to investigate into the cognizable offences by the police officer is ordinarily not impinged by any fetters. […]
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Copy of FIR to Accused – Supreme Court Guidelines
The Supreme Court of India has emphasized that providing a copy of the FIR to the accused is an essential step for ensuring fairness in the criminal justice system. It allows for a well-informed defense and promotes justice in criminal trials. In Youth Bar Association vs Union of India, WP(Crl.) 68/2016, the Supreme Court issued […]
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Duty of Applicant to Disclose all Material Facts
The underlying object has been succinctly stated by Scrutton, L.J., in the leading case of R. v. Kensington Income Tax Commrs.– (1917) 1 KB 486 : 86 LJKB 257 : 116 LT 136 (CA) in the following words: (KB p. 514) “… it has been for many years the rule of the court, and one […]
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Section 239 CrPC – Discharge and Probative Value of Material on Record
11.2. In the recent decision of this Court in State of Karnataka v. M.R. Hiremath, (2019) 7 SCC 515, one of us (D.Y. Chandrachud, J.) speaking for the Bench has observed and held in para 25 as under: “25. The High Court [M.R. Hiremath v. State, 2017 SCC OnLine Kar 4970] ought to have been cognizant of the fact that the […]