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Showing posts with label
convict
.
Show all posts
Showing posts with label
convict
.
Show all posts
Wednesday, 15 April 2026
Supreme Court: Convicts Sentenced To Only Fine Also Entitled To Benefit Of Probation Of Offender Act
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In light of the discussion in the preceding paragraphs, the expression 'release' has to be read accordingly. In this context, we a...
Sunday, 7 December 2025
LLM Notes: “Any torture or third-degree methods negate the basic human rights of human dignity and freedom of personal liberty. Discuss the notion of human rights and judicial attitude vis-à-vis these concepts as per Indian law.”
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INTRODUCTION (2-3 marks) Torture and third-degree methods represent the antithesis of constitutional democracy and civilised governance....
Monday, 1 September 2025
Supreme Court: Appellate court can not enhance sentence in appeal filed by accused against conviction in absence of counter appeal by complainant or state
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In this regard, it must be noted that for exercise of powers of the appellate court for enhancement of sentence in an appeal filed either b...
Saturday, 16 August 2025
Bombay High Court Rejects Convict's Plea For Transfer To 'Open Prison' Citing Discipline Issue
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Here, in the present case, though it appears that petitioner was transferred to the close prison on 03.12.2024, the matter was put before ...
Friday, 15 August 2025
Bombay HC: What precaution the convicting court should take after suspending sentence of convict?
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Thus, the Cr.P.C. and BNSS have exhaustive provisions for ensuring the presence of the accused including the convicted accused so that the...
Thursday, 3 July 2025
Kerala HC: Benefit Of First Proviso To Section 479 BNSS Cannot Be Applied Retrospectively To Convicted Prisoners
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Therefore, the benefit of the first proviso to sub section (1) has only been given to the under-trial prisoners with retrospective effect an...
Sunday, 22 December 2024
Supreme Court: Under which circumstance the court can release convict on personal bond after acquittal in appeal?
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It would be a travesty of justice if the petitioner is unable to secure the benefit of bail order for his inability to furnish local surety...
Saturday, 2 November 2024
Supreme Court directs all courts to append a coversheet to judgment informing the convict about availability of free legal aid facilities for pursuing higher remedies while furnishing copy of judgment of conviction/dismissal/reversal of acquittal/dismissal of bail applications
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xvi. We direct the Registry to forward a copy of this judgment to all the High Courts in the country. The High Courts may consider the feasi...
Monday, 2 September 2024
Gujarat HC: Factor to be considered by the Appellate court before suspending sentence of convict
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Before adverting to the submissions and to ascertain, whether the applicant has made out a case for suspension of sentence, it is necessary...
Wednesday, 17 July 2024
Supreme Court: Appellate court should impose reasonable conditions while suspending sentence of convict
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It is also of some significance to note that whereas under Section 357(1) of the Code of Criminal Procedure a fine of Rs. 5000/- can be imp...
Tuesday, 2 July 2024
Important Supreme Court and Bombay HC judgments on Remission of convict
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1) Supreme court guidelines for releasing convict prematurely on remission This Court also issued certain guidelines as to the basis on wh...
Wednesday, 26 June 2024
Supreme court guidelines for releasing convict prematurely on remission
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This Court also issued certain guidelines as to the basis on which a convict can be released prematurely and they are as under: 1. Whether t...
Supreme Court: What factors are to be considered while deciding application for remission of convict?
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To consider the prayer for premature release of the "life convicts" , police report was called for on the following points: (i) ...
Wednesday, 29 May 2024
Bombay HC: Factors which Session Judge should consider while giving his opinion regarding remission of convict
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It is thus apparent that except the prisoners of these categories the rest of the prisoners are entitled to the benefit of remission under t...
Tuesday, 28 May 2024
What is the duty of Session Judge after receipt of application of convict for remission through Superintendent of Prison?
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Similarly, it was incumbent upon the learned Addition Sessions Judge, Akot either to call for required information in the context of the f...
When the convict is not entitled to get benefit of Govt GR regarding special remission on account of 125th Birth Anniversary of Dr. Babasaheb Ambedkar?
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The petitioner has applied for special remission on account of 125th Birth Anniversary of Dr. Babasaheb Ambedkar which fell on 14.04.2016...
Wednesday, 24 January 2024
Basic concept of remission and commutation of sentence of convict and distinction between them
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In the context of the Criminal Procedure Code (CRPC) in India, the concepts of remission and commutation of a sentence pertain to the modi...
Friday, 5 May 2023
Should the court suspend the sentence of a convict in the criminal appeal if he has no fair chance of acquittal?
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Bearing in mind the aforesaid principles of law, the endeavour on the part of the Court, therefore, should be to see as to whether the cas...
Tuesday, 4 April 2023
Under which circumstances the court can convict the accused based on the suggestion given by his Advocate to prosecution witnesses?
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Thus, from the above it is evident that the suggestion made by the defence counsel to a witness in the cross-examination if found to be inc...
Sunday, 19 February 2023
Supreme Court issues seven directions to avoid delay in release of prisoners after getting bail
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With a view to ameliorate the problems a number of directions are sought. We have examined the directions which we reproduce hereinafter wit...
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