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Showing posts with label magistrate. Show all posts
Showing posts with label magistrate. Show all posts
Saturday, 30 May 2026

Supreme Court: What are pre-requisite for proving recovery of article from accused and identification of recovered article?

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It is an admitted case as evident from record that the solitary circumstance relied upon by the prosecution to connect the accused-responden...
Friday, 29 May 2026

Supreme Court: Magistrate Doesn't Require Prior Sanction To Direct FIR Registration Under S.156(3) CrPC

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 Part IV Our Conclusions 164. For the foregoing reasons and discussion, our conclusions are summarised as follows: V. The statutory framewor...
Sunday, 29 March 2026

Bombay HC : Sessions Court Cannot Take Cognisance Of Offences Under Drugs & Cosmetics Act Without Committal of case By Magistrate

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 In regard to the action of the learned Special Judge of taking  cognizance of the offence directly, there appears substance in the submissi...
Saturday, 21 March 2026

Supreme Court: Under which circumstances, the high court or Session court should not release the accused on bail only on the ground that offence is triable by JMFC?

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  At this stage, we may note that one of the grounds that weighed with the High Court was that the offences against Respondent No. 1 were tr...

Supreme Court: Under which circumstances, Magistrate Can Commit the case to Sessions court during Course Of Trial even if it is not exclusively triable by Session Court?

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At this stage, we may note that one of the grounds that weighed with the High Court was that the offences against Respondent No. 1 were tria...
Sunday, 15 February 2026

Supreme Court: Magistrate can monitor the investigation to ensure a proper investigation U/S 156 of CRPC

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  If such an application Under Section 156(3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also ca...

Supreme Court: Magistrate can recommend change of the investigating officer under investigation U/S 156 of CRPC so that a proper investigation is done in the matter

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  This Court has held in Sakiri Vasu v. State of U.P., that if a person has a grievance that his FIR has not been registered by the police, ...
Monday, 9 February 2026

Important provisions of BNSS regarding information to police, investigation U/S 175 of BNSS, and cognizance of offence by Magistrate

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  173. Information in cognizable cases .—(1) Every information relating to the commission of a cognizable offence, irrespective of the area ...
Wednesday, 4 February 2026

Supreme Court: Magistrate cannot direct Police to include accused in charge sheet, instead issue summons to person proposed to be added.

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 Having considered the matter, we find some technical merit in the contention of the learned counsel for the petitioner.  The Court  has the...
Sunday, 14 September 2025

Non-Examination Of Magistrate Who Conducted Test Identification Parade Strikes Severe Blow On Prosecution And Cause Of Justice; Orissa HC Sets Aside Conviction

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Above all, the prosecution has not offered any explanation as to why the Magistrate, who conducted T.I. parade was not examined to prove the...
Monday, 28 July 2025

To what extent the Session Judge or Magistrate can permit accused to put his defence at pre-cognizance stage as per S 223 of BNSS?

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  The transition from the Criminal Procedure Code, 1973 (CrPC) to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) ushers in significant ...
Sunday, 27 July 2025

Supreme Court: Magistrate's Order U/S. 156(3) CrPC For registration of FIR is Not Vitiated Merely Because Complainant Didn't Avail Remedy Under S.154(3)

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In the facts and circumstances of the case, as the informant had directly moved the Magistrate under Section 156(3) of the CrPC without exha...
Saturday, 19 July 2025

Talengana HC: Whether Magistrate can take cognizance of the offence punishable under Pocso Act?

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 As the statutory positions in the Cr.P.C. and the POCSO Act are not mutually exclusive, it shall be construed that the Special Court in the...
Sunday, 13 July 2025

Kerala HC: Police Cannot Attach Bank Account Under S.107 BNSS Without Magistrate's Approval

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  IRAC Analysis of Kerala High Court Judgment (Crl.M.C.No.3740/2025, Order dated 02.06.2025) With Emphasis on the Concept of "Proceed...
Thursday, 3 July 2025

Kerala HC: As per S.349 of BNSS, Magistrate Can Direct Any Person To Provide Voice Sample For Purpose Of Investigation

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Similarly, no legal requirement can be read into the declaration of law made in Ritesh Sinha (supra), or for that matter Section 349 of the...
Saturday, 14 June 2025

What is difference between Confession and extra judicial confession and It's value?

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  Understanding Confession A confession is "the direct admission of matter or facts of the cases either in the form of a written or or...
Friday, 6 June 2025

Constitutional Compliance Checklist for Magistrate Courts and Session Courts when Accused is Brought before them for Remand

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MANDATORY CONSTITUTIONAL VERIFICATION CHECKLIST IMMEDIATE ACTIONS (Before Considering Remand) 1. Article 22(1) Compliance Verification - [ ]...

Illegal Arrest and Violation of Personal Liberty: Bombay High Court Orders Compensation and Inquiry, Upholding Individual Rights Against Arbitrary Police Actions"

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  Thus, it is clearly evident that the police failed to comply with the provisions of the Cr. PC as well as the directions of the Apex Court...
Tuesday, 25 March 2025

Supreme Court: What precautions the Magistrate should take before ordering investigation U/S 156(3) of CRPC{S 175 of BNSS}?

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 Thus, there are prerequisites to be followed by the complainant before approaching the Magistrate Under Section 156(3) of the Code of Crimi...
Monday, 24 March 2025

Supreme Court: Magistrate Cannot Direct Police To Include Accused In Charge Sheet; Instead may Issue Summons To Person Proposed To Be Added

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The Court has the power to differ from the Final Form  submitted by the Police and take cognizance of a crime and also against persons who m...