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Showing posts with label S 106 of evidence Act. Show all posts
Showing posts with label S 106 of evidence Act. Show all posts
Sunday, 30 August 2026

Supreme Court: Under which circumstances S 106 of Evidence Act will operate against either a husband or wife staying under the same roof and were last seen together?

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 It will also be relevant to refer to the following observations of this Court in the case of Gargi (supra): 33.1. Insofar as the "last...
Friday, 29 May 2026

When the Body Speaks Louder Than the Defence: Supreme Court on Circumstantial Evidence in Matrimonial Murder

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 The Supreme Court’s decision of  Chetan Dashrath Gade Vs. The State of Maharashtra  delivered on 21 May 2026, 2026 INSC 522,  is an importa...

Supreme Court: What will be effect of husband failing to give reasonable explanation for death of his wife in his statement under S 313 of CRPC?

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The learned Trial Court also considered the statement of the Accused Under Section 313 of Code of Criminal Procedure which needless to state...
Sunday, 24 May 2026

Criminal Intimidation, Digital Sexual Threats and Evolving Notions of Chastity: A Critical Analysis of the Supreme Court’s 2026 Decision on Section 506 IPC

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  I. Introduction The Supreme Court’s judgment  VIJAYAKUMAR Vs STATE OF TAMIL NADU   2026 INSC 525   dated 22 May 2026, affirming the conv...

Supreme Court Expands Meaning Of 'Unchastity', Says Threat To Leak Woman's Bathing Video Punishable Under S.506 IPC

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The Court made the observation while upholding the conviction of a man under Part II of Section 506 of the Indian Penal Code for threatening...
Saturday, 18 April 2026

Supreme Court explains the law relating to last seen theory

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  Circumstance Two: Last Seen Theory 15. The next circumstance that is to consider is the last seen theory. It is well established that this...
Saturday, 23 August 2025

Bombay HC: Non-Examination Of Sexual Assault Victim Or Officer Who Recorded Her Statement Amounts To Denial Of Fair Trial To Accused

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In the above context, it would be pertinent to note herein that the prosecution has placed heavy reliance on the version of the victim as br...
Monday, 2 June 2025

Supreme Court: Basic concept of last seen theory in criminal case

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  It is not necessary to multiply with authorities. The principle is well settled. The provisions of  Section 106  of the Evidence Act itsel...
Saturday, 25 May 2024

Supreme Court: Even if disclosure statement made by Accused is not admissible U/S 27 of Evidence Act but it is relevant U/S 8 of evidence Act as his conduct

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  e) The conduct of the Appellant in leading the Investigating Officer and others to a drain nearby his house and the discovery of the knife...

What are exceptions to the rule that burden of proof is on the prosecution to prove the guilt of the Accused ?

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i. Principles of law governing the applicability of Section 106 of the Evidence Act 35. Section 106 of the Evidence Act reads as follows: 10...
Saturday, 10 June 2023

How to appreciate evidence if suicide letter written by accused was recovered from body of deceased?

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   The underlying principle deducible from the observations extracted above is that though it is not impermissible to base a finding with re...

Under which circumstances the court should not rely on recovery of knife recovered as per S 27 of Evidence Act?

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  Circumstances (f), (g) (h) and (i) - Re: Disclosure statements, consequential discoveries and their connect with crime. 71. With regard to...

Whether landlord should prove as per S 106 of the Evidence Act that who has murdered his tenant if he owned premises where the murder was committed?

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  Circumstance (a) - Re: Apartment from where the dead body was found stood in the tenancy and possession of Santosh. 29. Insofar as tenancy...

Determining the Court's Perspective in a Case Involving Circumstantial Evidence with Two Possible Views: One Pointing to the Guilt and the Other to the Innocence of the Accused

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Adding on to the aforesaid legal principles, in Devi Lal v. State of Rajasthan MANU/SC/0034/2019 : (2019) 19 SCC 447, a three-judge Bench of...
Saturday, 31 December 2022

Bombay HC: Husband Can't Be Asked To Explain Wife's Death In his House Unless Prosecution Establishes Prima Facie Case

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Per contra, the learned APP has submitted that it is incumbent upon the accused to offer an explanation as contemplated under section 106 of...
Wednesday, 15 September 2021

Can the court convict the accused based on the falsity of his defense if the prosecution does not prove its case based on circumstantial evidence?

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   Thus, Section 106 of the Evidence Act will apply to those cases  where the prosecution has succeeded in establishing the facts from which...
Saturday, 11 September 2021

Can the court hold the husband guilty of the murder of his wife if he fails to explain how she received the injury in his statement U/S 313 of CRPC?

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   It is evident from the record and even not disputed by the accused that incident took place in his house. Even though the accused has att...

How to appreciate evidence if there are Oral and written multiple dying declarations?

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Following are the principles laid down by the Hon’ble Supreme Court  in case of Purushottam Chopra and another Vs. State (Government of NCT ...
Tuesday, 24 December 2019

Whether society can challenge lease deed signed by its president?

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If it is the plaintiff's case that the President in fact did not have such authority because the subject was one which was prescribed ...
Saturday, 26 October 2019

Supreme Court: Statement of accused U/S 313 of CRPC can be used to lend credence to evidence led by prosecution

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 A  statement made by an accused under Section 313, Cr.P.C. can  be used as an aid to lend credence to the evidence led by the prosecuti...