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Showing posts with label public servant. Show all posts
Showing posts with label public servant. Show all posts
Sunday, 26 July 2026

Supreme Court: Section 195 of CRPC Bar Cannot Be Evaded by Splitting Offences

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In this regard, the Court laid down the following principles to be followed while dealing with a category of offences that fall within the p...
Tuesday, 28 April 2026

Questions and answers on law (Part 86)

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Q :-  Whether Sanction for all offences  under corruption  act is required , for which offences  sanction is not required? How sanction for ...
Monday, 27 April 2026

Culpable Homicide and Murder under IPC: Law, Exceptions and Landmark Judgments

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 Under the IPC, every murder is culpable homicide, but every culpable homicide is not murder. The easiest interview formula is: first see wh...
Sunday, 4 January 2026

Karnataka HC: How to appreciate prosecution evidence U/S 353 of IPC regarding performance of official duty by public servant?

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 As per Rule 7 of SC/ST (Prevention of Atrocities) Act, 1989, an offence committed under the Act shall be investigated by a Police officer n...
Sunday, 8 June 2025

Kerala HC: Special courts shall not order an investigation U/S 156(3) CrPC against public servant in absence of prior sanction under Section 19 of PC Act.

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  Section 19(1) of the PC Act says that no court shall take cognizance of an offence punishable under sections 7, 11, 13 and 15 alleged to h...
Monday, 26 May 2025

Anticipatory Bail, Public Interest, and Corruption: Supreme Court’s New Threshold in P Krishna Mohan Reddy v. State of Andhra Pradesh

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  Introduction The Supreme Court’s recent judgment in P Krishna Mohan Reddy v. State of Andhra Pradesh (SLP (Crl.) Nos. 7532-34 of 2025) m...
Sunday, 22 December 2024

Karnataka HC: Sending Voice Sample In Graft Case For Analysis To Private Lab Instead Of Govt Forensic Science Lab Affects Rights Of Accused

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 It is pertinent to note that without exhausting the remedy before the Forensic Laboratory of Karnataka, sending the voice sample to the Tru...
Sunday, 22 September 2024

What facts are to be proved for convicting an accused for an offence U/S 353 of IPC?

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 To convict an accused under Section 353 of the Indian Penal Code (IPC), which pertains to assault or criminal force against a public servan...

Bombay HC: Accused intimidating public servant by threatening to defame him on social media site as well as engineering artificial protest falls with scope of criminal force as used in S 353 of IPC.

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Mr. Thobde contends that, the allegations in the F.I.R. do not make out any case for trial and that they are inherently improbable. He submi...

Whether the court can convict an accused for an offence U/S 353 and S 332 of IPC if prosecution fails to prove that assault has link with discharge of duty by public servant?

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In the present case also it is seen that the complainant was questioned with regards to some complaint lodged by him against the accused.  T...
Tuesday, 17 September 2024

Bombay HC: Officers Appointed To Assess Electricity Theft Are 'Public Servants', Court Can't Issue Process Against Them Without Sanction U/S 197 CrPC

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 Section 169 of the Electricity Act, 2003 which defines the  term public servants in pursuance to Section 21 of the Indian Penal  Code inclu...
Sunday, 16 June 2024

Supreme Court: Cognizance of offence Against Public Servant under S 4 of SC & ST (Atrocities Act) For Offence Of Neglect Of Duty Cannot Be Taken Without Administrative Enquiry Report

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 The argument of the learned Counsel for the complainant is that the word "charges" occurring in proviso to  Section 4(2) of the S...

Bombay HC: Bar contained in S. 197, CrPC cannot be read into the provisions of a special legislation like SC/ST Atrocities Act

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 The net result would be that when by virtue of explanation  to Sub-Section 1 of Section 197 of the Code of Criminal Procedure, no  previous...
Thursday, 25 April 2024

When prosecution U/ S 353 of IPC is liable to be quashed?

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A plain reading of this provision indicates that first and foremost requirement for attracting rigour of this provision is that the public s...
Saturday, 10 February 2024

Important provisions of CRPC 1973(Part 2)(S 105-A to S 176 of CRPC)

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  Chapter XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE 154. Information in cognizable cases . (3) Any person aggrieved by a...
Sunday, 19 November 2023

Whether disciplinary inquiry can be initiated against any public servant for committing the offence of adultery after joseph shine Judgment?

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 In fact, this Court posed the following question.  In a given case, the authority is presented with the following set of facts. An officer ...
Tuesday, 15 August 2023

Whether Nationalised Bank Employee is Entitled to get protection of S 197 CrPC ?

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   The Appellant was serving as an Assistant General Manager, State Bank of India, Overseas Bank at Hyderabad. State Bank of India is a Nati...

Whether the court can try accused for offences under IPC if sanction for prosecution U/S 19 of Prevention of Corruption is not granted against accused?

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 It was vociferously argued by the learned Counsel appearing for the Appellant that as sanction Under Section 19 of the PC Act, 1988 has not...
Saturday, 24 June 2023

Does the Mention of the Expression 'Benefit of Doubt' in a Judgment of Acquittal Indicate that the Acquittal Was Not Honourable?

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  However, the fact remains that mere use of the expression  ‘benefit of doubt’ in the judgment of criminal court, by itself, would not depr...
Saturday, 25 March 2023

Can the appointing authority dismiss a public servant from service by invoking the doctrine of pleasure or is the authority bound by the rule of law?

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The law on “the Doctrine of Pleasure” and the scope of judicial review, is no longer res integra; it has been settled by the Apex Court and ...