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Showing posts with label criminal law. Show all posts
Showing posts with label criminal law. Show all posts
Thursday, 23 January 2025

LLM Notes: The Interrelation Between Criminology, Criminal Law, and Penology in Indian Law

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The criminal justice system in India is a complex framework that integrates criminology, criminal law, and penology to address crime effecti...

The Influence of Criminology, Criminal Law, and Penology on the Enactment of New Criminal Laws BNS, BNSS and BSA

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 The enactment of the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) marks ...
Monday, 26 April 2021

Whether concept of cause of action is applicable to criminal law?

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  The crucial question is whether any part of the cause of action arose within the jurisdiction of the concerned Court. In terms of   Sectio...
Wednesday, 21 April 2021

Supreme court guidelines modifying practice of recording of evidence as mandated in the case of Bipin Shantilal Panchal

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   It was pointed out by learned amici that the practice adopted predominantly in all trials is guided by the decision of this court in Bipi...

Leading Supreme court judgment laying down procedure for expeditious trial of Criminal cases

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 The court is of the opinion that the Draft Rules of Criminal Practice, 2021,  (which are annexed to the present order, and shall be read as...
Monday, 22 February 2021

Whether court in whose jurisdiction accused is apprehending arrest may apply for transit bail even if the offence is committed in another court's jurisdiction?

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According to my view, the law laid down by the Division Bench of this Court in N.K. Nayar’s case (supra) would then be applicable, wherein  ...
Sunday, 24 January 2021

Whether trial Judges have absolute discretion to prune or reject the list of witnesses submitted by the accused?

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The above being the position, the decisions in Arivazhagan or Santhosh Kumar cannot be understood to have held that the trial  Judges have a...

Whether the court can direct concurrent running of default sentences in cheque dishonour case?

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Having considered the facts and circumstances of the present case, offence involved, sentences awarded, period of detention of the petitione...
Wednesday, 21 October 2020

Supreme Court: Court Hearing First Appeal In Criminal Matter is Required To Form Its Own Opinion

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We would like to say that the First Appeal in criminal matter requires the court to form his opinion on the basis of the evidence on record ...
Saturday, 10 October 2020

What is the difference between the jurisdiction of the court under civil law and criminal law?

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  While the question of territorial jurisdiction in civil cases, revolves mainly around (i) cause of action; or (ii) location of the subject...
Monday, 3 August 2020

Whether Appellate Court and the Revisional Court may pass a direction, that sentence granted to accused to run concurrently?

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 It is settled position of the law that the direction to run the sentence concurrently may be passed by the Trial Court, Appellate Court a...
Sunday, 16 February 2020

Whether date of birth mentioned in ADHAR CARD is conclusive?

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The learned A.G.A. has submitted that the date of birth entered in an Aadhar Card has not been conferred any conclusive status by law an...
Monday, 21 October 2019

Whether prosecution evidence can be disbelieved if there is no recovery of weapon of offence?

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As there is clear eyewitness account of the incident and none of the two eyewitnesses could be shaken during crossexamination and th...
Friday, 9 August 2019

Whether revision is maintainable if FIR is registered on basis of order passed by Magistrate U/S 156 of CRPC?

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 We may make now a reference to Section 397 and Section 401 of the Code. The power of revision under Section 397 will have to be read with...
Friday, 19 July 2019

Basic concept of issue estoppel in criminal law

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The principle of issue-estoppel is entirely a creature of judicial decisions, and has not been embodied in the Code of Criminal Procedure....
Saturday, 18 May 2019

Supreme Court: Magistrate should not act as post office while issuing process against accused U/S 202 of CRPC

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 Considering the scope of amendment to Section 202 Cr.P.C., in Vijay Dhanuka and Others v. Najima Mamtaj and Others (2014) 14 SCC 638, it...
Sunday, 17 March 2019

Whether S 164 of Evidence Act is applicable to criminal proceeding?

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 However his failure to do so, is, it appears to the learned Magistrate, a ground to deprive him of the right to use these documents as ma...
Sunday, 20 January 2019

Landmark Judgment of Supreme court on Re-examination of witness

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 The very purpose of re-examination is to explain matters which have been brought down in cross-examination. Section 138 of the Evidence A...
Thursday, 27 December 2018

When right to file appeal accrues to victim of crime?

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The question is whether the right of appeal conferred on the victim by the proviso to Section 372 of the Code, has to be determined with r...
Tuesday, 20 November 2018

Constitutional bench judgment of Supreme Court on summoning of additional accused as per S 319 of CRPC

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110. We accordingly sum up our conclusions as follows: Question Nos. 1 & III Q.1 What is the stage at which power under Sectio...