Know the Law
What Are The Remedies Available When Police Refuse To Register FIR
Section 154 of The Code of Criminal Procedure Code deals with registration of First Information Report (though the Section does not use the word 'First Information Report or FIR). Section 154(1) says every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his...
Section 304A IPC : Rash, Negligent, Or Reckless
Section 304-A was not part of the Indian Penal Code [IPC] as it was enacted in 1860. It was included by an amendment passed in 1870. But, interestingly, the original 1838 Draft of the Penal Code did carry an offence of Causing Death due to Negligence, in the form of Section 304. We will never know whether the 1870 amendment was merely an exercise in adding what was inadvertently excised...
Scope Of Article 226 Of The Constitution Of India: Important Judgments [Part-2]
SURYA CONSTRUCTIONS V/s STATE OF UTTAR PRADESH &ORS., CIVIL APPEAL NO. 2610 OF 2019, SUPREME COURT OFINDIA, DATE OF DECISION: 08.03.2019, CORAM: R.F. NARIMAN & VINEET SARAN,JJ. "Mandate contained in the report: ABL International Ltd & Anr V/s Export Credit Guarantee Corporation of India Ltd. & Ors., (2004) 3 SCC 553 reiterated." It was held that: Where the State...
Scope Of Article 226 Of The Constitution Of India: Important Judgments [Part-1]
SARVEPALLI RAMAIAH (D) THR. LRS. & ORS. V/s DISTRICTCOLLECTOR CHITTOOR DIST. & ORS., CIVIL APPEAL NO. 7461 OF 2009, SUPREME COURT OF INDIA,DATE OF DECISION: 14.03.2019, CORAM: R. BANUMATHI & INDIRA BANERJEE, JJ. "Judicial review under Article 226 of the Constitution of India, 1950 is directed, not against the decision, but the decision-making process." It was...
UAPA: What Are The Requirements To Extend Remand Beyond 90 Days?: SC Explains
The Supreme Court recently refused to cancel the default bail granted to an accused under Unlawful Activities(Prevention) Act, 1967. While considering the appeal filed by Union of India, the bench comprising Justice AM Khanwilkar and Justice Ajay Rastogi explained the requirements of extension of remand of the accused beyond 90 days in cases registered under UAPA. The bench referred to...
Attempt Under Indian Penal Code
Try and try, till you succeed. Everyone has heard that one before, in multiple contexts. The thing is, in the criminal law we may need to alter that old cliche: try and try, but it doesn't always matter if you succeed. Consider any set of actions by persons as an attempt to do/not do something. When these attempts fit the criteria of an offence as prescribed by law, it becomes punishable as...
All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-IV]
Read the first part HereRead the Second Part HereRead the third part HereEVIDENTIARY VALUE OF CONFESSION A Confession is ordinarily admissible in evidence. It is a relevant fact. It can be acted upon. Under certain circumstances, it can form the basis for a conviction. (vide Aloke Nath Dutta v. State of W.B. (2007) 12 SCC 230.) A confession, judicial or extra-judicial...
All You Want To Know About Protest Petitions In Criminal Trial
The Criminal Procedure Code 1973 [Cr.P.C.] was amended in 2009 to introduce certain statutory rights for victims of crime. This included the introduction of a Victim's Compensation Scheme [Section 357-A Cr.P.C.] and conferring a right upon victims to appeal against judgments [By way of inserting a Proviso to Section 372 Cr.P.C.]. During my first few months of practising, though, I found that...