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Showing posts with label offence. Show all posts
Showing posts with label offence. Show all posts
Sunday, 11 October 2020

Whether police must register FIR If the offence is about to happen?

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    Learned counsel for the petitioners have placed reliance on the judgment in the case of Lalita Kumari vs Government of Uttar Pradesh a...
Saturday, 10 October 2020

Whether court can prosecute parties for making false pleading as per S 209 of IPC U/S 340 of CRPC?

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15. Conclusions 15.1 Section 209 of the Indian Penal Code, is a salutary provision enacted to preserve the sanctity of the Courts and to saf...
Monday, 28 September 2020

Whether the court can acquit accused in case of circumstantial evidence if the prosecution fails to prove motive for the offence?

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  Now so far as the submission on behalf of the accused that in the present case the prosecution has failed to establish and prove the motiv...
Thursday, 17 September 2020

Whether an act would amount to an offence if general exceptions under IPC cover it?

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  As rightly contended by Mr. Sharath Chandran, it is a misnomer  to say that the "Chapter IV – General exceptions" of the IPC is ...
Tuesday, 15 September 2020

Whether the court can convict accused who was a member of unlawful assembly for Murder read with the third clause of 141 of IPC?

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141. Unlawful assembly An assembly of five or more persons is designated an "unlawful assembly", if the common object of the pe...
Saturday, 5 September 2020

Supreme Court: Police officer can not register offence, arrest accused and investigate the case under the Drugs and Cosmetics Act

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THE CONCLUSIONS/DIRECTIONS 150. Thus, we may cull out our conclusions/directions as follows: I. In regard to cognizable offences u...
Saturday, 18 July 2020

Supreme Court: Court should not reject bail on the ground that offence is grave and serious

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The offence alleged no doubt is grave and serious and there are several criminal cases pending against the Accused. These factors by thems...
Wednesday, 10 June 2020

Whether court should deny anticipatory bail to accused if mobile phone by which offence was committed was registered in his name?

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Once the mobile phone, which has been used in the commission of the offence, is registered in the name of the petitioner and the said ...
Tuesday, 12 November 2019

Whether causing simple hurt can be treated as crime involving moral turpitude for taking disciplinary action against employee??

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There can be no manner of doubt about certain offences which can straightaway be termed as involving moral turpitude e.g. offences un...
Monday, 16 September 2019

Whether demand of bribe without acceptance amounts to offence under Prevention of Corruption Act?

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Section 7 on the other hand, is wider and uses the words "accepts" or "obtains" or "agrees to accept" or ...
Thursday, 18 July 2019

Whether Indian citizen who has committed offence outside India can be tried by Indian courts?

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Section 188 in The Code Of Criminal Procedure, 1973 188. Offence committed outside India. When an offence is committed outside India-...
Sunday, 16 June 2019

Whether police can register offence U/S 31 of Domestic violence Act?

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Sec. 32 of the DV Act reads as follows: “Sec. 32: Cognizance and proof.-- (1)  Notwithstanding anything contained in the Code of Crimi...
Wednesday, 1 May 2019

Whether offence of dishonour of cheque is made out even if drawer of cheque has changed date of cheque to revalidate it?

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  In our view this reasoning is entirely fallacious. There is no provision in the Negotiable Instruments Act or in any other law which sti...
Sunday, 7 April 2019

Whether court has discretion to refuse compounding of compoundable offence?

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 Having heard the learned counsel on both sides we have perused the impugned judgment and also other material placed on record. It was th...
Sunday, 21 October 2018

Whether offence committed due to Premenstrual Stress Syndrome (PMS) qualifies for the defence of insanity?

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It is trite that while the burden of proof for the prosecution to establish the guilt of accused is beyond reasonable doubt, the accused h...
Sunday, 29 July 2018

Whether factors are to be taken in consideration while deciding bail application?

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  It is well settled that the matters to be considered in an application for bail are (i) whether there is any prima facie or reasonable gr...

When second FIR in relation to same offence and against same accused is maintainable?

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From the aforesaid decisions, it is quite luminous that the lodgment of two FIRs is not permissible in respect of one and the same inciden...
Saturday, 25 November 2017

Whether refusal by accused to confess offence amounts to non co-operation by him in investigation?

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It appears, the IO was of the view that the custody of the appellant is required for recording his confessional statement in terms of what...
Sunday, 30 April 2017

Whether prosecution case can be doubted on ground of non recovery of weapon of offence?

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The next line of contention taken by the learned counsel for the respondents is that the recovery evidence was false and fabricated. We f...
Tuesday, 4 April 2017

Whether right of private defence is available even if there is no actual commission of offence?

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 Having regard to the above, we are of the view that the appellant reasonably apprehended a danger to his life when the deceased and his ...