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Showing posts with label police custody. Show all posts
Showing posts with label police custody. Show all posts
Sunday, 1 March 2026

Supreme Court: Disclosure Statements Made U/S 27 Evidence Act outside Police Custody Not Admissible

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 Now we come to the recovery allegedly made Under Section 27, which is also fraught with inconsistencies as we would presently indicate. The...
Thursday, 3 July 2025

Karnataka HC: As per S.187 of BNSS ,Police Custody Must Be Within First Forty Days For Offences Punishable Upto 10 Years Imprisonment

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SUMMARY OF FINDINGS: (i) A slight tweak in the new regime qua 187(3) of BNSS in juxtaposition to Section 167(2) of the earlier regime - the ...
Friday, 14 February 2025

LLM Notes: Custodial violence & torture in Police Custody

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  Custodial torture is the infliction of physical or mental pain or suffering on a person who is in the custody of the police or other autho...
Tuesday, 28 January 2025

Supreme Court: Statement To ED By Accused Under PMLA Custody Incriminating Oneself In Another PMLA Case Inadmissible

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 The question that arises is when a person is in judicial custody/custody in another case investigated by the same Investigating Agency, whe...
Tuesday, 21 January 2025

Supreme Court upheld Karnataka High court judgment on police custody remand under S 187 of BNSS(Old S 167 of CRPC)

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  The concerned Court itself  came to the conclusion that police custody is not required and has  dismissed the application(s) of the prosec...

Karnataka HC laid down the principles for grant of police custody under S 187 of BNSS(Old S 167 of CRPC)

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  SUMMARY OF FINDINGS: (i) A slight tweak in the new regime qua 187(3) of BNSS in juxtaposition to Section 167(2) of the earlier regime - th...
Saturday, 10 August 2024

Supreme Court: Investigating Officers can not seek police custody remand of accused after competent Court has granted anticipatory bail

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 The arguments advanced by learned senior counsel appearing  for the Additional Chief Secretary, Government of Gujarat as well  as the High ...
Sunday, 19 May 2024

Bombay HC: Order rejecting police custody remand is not interlocutory and revision is maintainable against said order

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The learned Judge of this Court in R. Shakuntala, finally came to conclusion that an order rejecting application for remand of the accused t...
Monday, 2 October 2023

Whether the court can rely on call details of mobile used in crime if prosecution fails to prove connection between owner of that Sim and custody of accused of that SIM?

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    As regards the call data and the ransom calls, we may note that Santosh Jadhav, Assistant Nodal Officer, Reliance Communication, was exa...

Supreme court lays down requirements of valid panchnama as per S 100 of CRPC

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   In Yakub Abdul Razak Memon v. State of Maharashtra through CBI, Bombay MANU/SC/0268/2013 : (2013) 13 SCC 1, this Court noted that the pri...

Whether Panchnama is admissible In Court Where Witnesses Merely Acted As Attestors And Did Not Disclose How Objects Were Discovered?

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   Witnesses to the panchnamas and the seizures acted as mere attestors to the documents and did not disclose in their own words as to how t...

Whether the court can rely on discovery at the instance of accused if it was done when he was not accused of any offence and he was not in police custody?

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 In the case on hand, though Rajesh Yadav was taken to the police station, be it on 29.03.2013 or even earlier, he could not be said to be i...
Sunday, 15 August 2021

Should the court send the accused to police custody remand in the same crime after completion of fifteen days if subsequently a serious offence is made out against him?

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    A question may then arise whether a person arrested in respect of an offence alleged to have been committed by him during an occurrence ...
Wednesday, 27 May 2020

Whether Magistrate can seek production of accused who is in prison for another offence for investigation of crime?

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However, in State of Maharashtra v. Yadav Kohachade (supra), the learned Single Judge of this Court dealt with the relevant provisions o...

Delhi HC: First 15 days of PCR has to be counted from the date of first remand and not from the date of arrest.

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The point is really quite simple. Sub-section (1) of S. 167 of the Cr.P.C. 1973 requires that a person arrested must be produced before Ma...

Supreme Court: Accused can be remanded to police custody from Judicial custody within 15 days from the date of first remand on sufficient ground

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We have considered the submissions of learned Counsel on both sides.  That a person held in judicial custody could, if circumstances justi...
Monday, 21 October 2019

FIR For Facebook post : Karnataka HC Orders enquiry Against Magistrate Who Remanded Accused In Violation Of SC Guidelines

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There is yet another important aspect which requires consideration namely, the order passed by the learned Magistrate granting police ...
Sunday, 9 September 2018

Whether writ of habeas corpus can be issued if the magistrate has given police custody of accused?

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  The question as to whether a writ of habeas corpus could be maintained in respect of a person who is in police custody pursuant to a re...
Saturday, 27 May 2017

Leading Supreme Court judgment on issue of production warrant by magistrate

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A question may then arise whether a person arrested in respect of an offence alleged to have been committed by him during an occurrence c...

Whether accused can be remanded to police custody from judicial custody within fifteen days of his arrest?

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 Whenever any person is arrested under Section 57 Cr. PC he should be produced before the nearest Magistrate  within 24 hours  as mentio...