Code of Criminal Procedure 1973

14th Apr, 2018

Defamatory allegations against office of Chief Minister to constitute an offence should have reasonable connection with the discharge of public duties of Chief Minister.

In a landmark judgment on law relating to Defamation, the Supreme Court, closed criminal proceedings against chief spokesperson of Indian National Congress for having made defamatory allegations against the Chief Minister. The reason for closure […]
2nd May, 2017

Magistrates have to be vigilant before issuing summons or taking cognizance of an offence

Supreme Court in the matter of Mahender Singh Dhoni Vs. Yerraguntla Shyamsundar; Transfer Petition (Criminal) no. 23 of 2016 cautioned the magistrates who have been conferred with the power of taking cognizance and issuing summons […]
18th Feb, 2017

Judicially Separated Wife Is Also Entitled To Maintenance

The Supreme Court opined on the question of maintenance to a judicially separated wife that “The Court is required to look into the question whether the petitioner is entitled to maintenance or not and, if […]
6th Jun, 2016

Order of the Magistrate refusing to take cognizance revisable by Sessions Court #indianlaws

The order of the Magistrate refusing to take cognizance is revisable. This power of revision can be exercised by the superior Court, which in this case, will be the Court of Sessions itself, either on […]
9th May, 2016

For quashing of proceedings against a Director u/s 138/141 of the Act it must be shown that no offence is made out against him and quashing is not to be granted merely on asking #indianlaws

When in view of the basic averment process is issued, the complaint must proceed against the Directors. But, if any Director of a company wants the process to be quashed by filing a petition under […]
20th Mar, 2016

Magistrate can change or alter the charge u/s 216 Cr.PC if there is defect or something is left out #indianlaws

Magistrate has power under Section 216 Code of Criminal Procedure to alter or modify the charge on the basis of an application filed by the informant and further the trial court can alter the charge […]
10th Feb, 2016

Public Prosecutor when asking for withdrawal of prosecution U/s 321 of CrPC to act independently with application of mind #indianlaws

The Supreme Court, in this case has held that while filing an application u/s 321 of CrPC, the Public Prosecutor is required to apply his own mind and the effect thereof on the society in […]
31st Jan, 2016

Giving of dowry and traditional presents does not always raise a presumption that it’s custody is with in-laws #indianlaws

The Court clarified that giving of dowry and the traditional presents at or about the time of wedding does not in any way raise a presumption that such a property was thereby entrusted and put […]
24th Sep, 2015

Bail granted cannot be generally cancelled as it would amount to review/recall of bail order

The parameters for grant of bail and cancellation of bail are entirely different. Bail granted under Section 439(1) of the CrPC can be cancelled where the accused: Misuses his liberty by indulging in similar criminal […]
14th Sep, 2015

Principles to be followed by Courts while granting/ rejecting Anticipatory Bails #indianlaws

The expression “may, if it thinks fit” occurring in Section 438(1) of the Code of Criminal Procedure (Code), gives discretion to the Court to exercise the power in a particular case or not, and once […]
6th Sep, 2015

In economic offences, power u/s 482 CrPC should be used sparingly#indianlaws

The Supreme Court has held in the inherent power of the High Court under Section 482 CrPC should be sparingly used. In economic offences Court must not only keep in view that money has been […]
1st Aug, 2015

Complaint alleging breach of trust and cheating must convincingly prove entrustment and deception #indianlaws

To constitute an offence punishable under Section 406 IPC, the essential ingredient is the “entrustment” of the property.  It is only after entrustment is shown, it can be said that there was criminal breach of […]