Code of Criminal Procedure 1973
24th Sep, 2015
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
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
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
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 […]
1st Aug, 2015
Amendment in Criminal Complaint is permissible where Court is yet to take cognizance of the offence(s) complained. A Magistrate takes cognizance of an offence when he decides to proceed against the person accused of having […]
3rd May, 2015
The legal position settled provides that a conviction can be based solely on the testimony of official witnesses subject to a condition that the evidence of such official witnesses must inspire confidence.
30th Apr, 2015
The protection given under Section 197 Cr P C is to protect responsible public servants against the institution of possibly vexatious criminal proceedings for offences alleged to have been committed by them while they are […]
10th Apr, 2015
It is the duty of the Court to award just sentence to a convict against whom charge is proved. While every mitigating or aggravating circumstance may be given due weight, mechanical reduction of sentence to […]
10th Apr, 2015
It can never be forgotten that the inherent and fundamental principle behind Section 125 CrPC is for amelioration of the financial state of affairs as well as mental agony and anguish that woman suffers when […]
29th Mar, 2015
The duty cast on the Magistrate while exercising power Under Section 156(3) Code cannot be marginalized. The Magistrate has to remain vigilant with regard to the allegations made and the nature of allegations and not […]
15th Mar, 2015
Criminal cases having overwhelmingly and pre-dominatingly civil favour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising […]
24th Sep, 2014
Delhi High Court has laid down guidlines for handing over of seized properties on Supardari