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Showing posts with label criminal trial. Show all posts
Showing posts with label criminal trial. Show all posts
Monday, 27 April 2026

Landmark Supreme Court Judgments on Criminal law

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  1)   D.K. Basu v. State of West Bengal (1997) Laid down mandatory guidelines on arrest, rights of the arrested person, and protections aga...
Sunday, 19 April 2026

What are recent developments in DNA test from perspective of Criminal trial?

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 Recent judicial developments show that courts now accept DNA evidence as highly probative, but they insist much more strongly on chain of c...
Thursday, 16 April 2026

What is the use of statement under Section 162 of CRPC in criminal trial?

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 A statement under Section 162 CrPC is not substantive evidence and cannot be used generally in trial; it can be used mainly to contradict a...
Friday, 21 November 2025

Crime Scene Panchnama vs. Demonstration Panchnama: The Game-Changing Ruling That Every Judge and Advocate Must Know

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  When a Panchnama Becomes Your Enemy in Court: Understanding the Critical Difference The evidentiary value of panchnamas in criminal tria...

Bombay HC: Whether Demonstration panchnama proved by prosecution is admissible in evidence in criminal trial?

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  A similar situation also arose before the Gujarat High  Court in the case of Ramkishore Bharatsinh Yadav Vs. State of  Gujarat and another...
Monday, 17 November 2025

Inquiry vs Trial in Indian Criminal Law: Understanding When the Trial Truly Begins

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In criminal jurisprudence under Indian law, "inquiry" and "trial" represent two distinct stages, each with a different p...
Sunday, 19 January 2025

Bombay HC: The Session Judge must record evidence of Chemical analyser in NDPS Case to Prove CA Report

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The next important flaw which can be seen is the failure of the prosecution to examine the CA. It is noticed that in the Vidarbha region, in...

Bombay HC: What procedure the court should adopt while recording evidence of CD or pen drive or any other electronic gadget in criminal trial?

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  It is to be noted that the video recording of the entire process was the best evidence in the possession of the prosecution. The question ...
Sunday, 22 December 2024

SUPREME COURT JUDGMENT" IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS" FOR SPEEDY TRIAL OF CRIMINAL CASES

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  1) Leading Supreme court judgment laying down procedure for expeditious trial of Criminal cases. REPORTABLE IN THE SUPREME COURT OF INDIA ...
Tuesday, 25 June 2024

How rule of Audi alteram partem is applicable to criminal trial as per indian law?

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 The principle of "Audi alteram partem," which means "hear the other side," is a fundamental aspect of natural justice a...
Tuesday, 14 November 2023

Article on Jurisdictional issues in criminal trials

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https://drive.google.com/file/d/1xvSNABewf7TYaUmKp2WkdXaKrg9ssPge/view?usp=sharing  
Tuesday, 13 June 2023

What is the distinction between the territorial jurisdiction of the court in civil and criminal cases?

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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 ...
Saturday, 24 December 2022

To what extent general provision of criminal law are applicable to prosecution under National Investigation Agency Act?

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  What is held by the Division Bench of Delhi High Court in Farhan Sheikh‟s case (supra) is condensed in para (89) of the judgment which rea...

Whether a criminal court can refuse to issue production warrant U/S 267 CrPC when no case is pending trial or enquiry before it?

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 In view of what we have discussed herein above we answer the question referred to us as under:- "The Police can seek permission to rem...

Supreme Court Expands Definition Of Vulnerable Witnesses

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5. The directions are enumerated below: (i) The definition of “vulnerable witness” contained in Clause 3(a) of the ‘Guidelines for recording...
Wednesday, 21 April 2021

Supreme court mandates a preliminary case management hearing in all criminal trial

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   This court is of the opinion that the courts in all criminal trials should, at the  beginning of the trial, i.e. after summoning of the a...

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...
Friday, 30 October 2020

Whether disciplinary authority can dismiss an employee after departmental enquiry even after his acquittal in a criminal case?

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In the present case, the respondent was acquitted of the charge of murder. The circumstances in which the trial led to an acquittal have bee...
Wednesday, 5 August 2020

Whether criminal trial will be vitiated if there is a misjoinder of charges?

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MISJOINDER OF CHARGES: 45. Mr. Ram Jethmalani, learned senior counsel, contended that Section 218 Cr.P.C. prescribes that for every di...
Thursday, 16 July 2020

Whether substituted service of summons to accused is permissible in a criminal case?

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Section 65 of Cr.P.C. prescribes that if service cannot by the exercise of due diligence be effected as provided in Sections 62, 63 or 64, ...