Know the Law
All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-III]
Read the First Part HereRead the Second Part HerePROCEDURE FOR RECORDING "CONFESSION" UNDER SECTION 164 Cr.P.C. If what is sought to be recorded is a "confession", then the Magistrate has to abide by the following rules:- ACCUSED ON HIS OWN ACCORD CAN MAKE A CONFESSION TO A JUDICIAL MAGISTRATE An accused himself can appear before a Judicial Magistrate for recording...
All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-II]
Read the First Part Here [Part-1 - Introduction] PART-IISTAGE AT WHICH A "CONFESSION" OR "STATEMENT" CAN BE RECORDED 7. Such "confession" or "statement" can be recorded either during the course of an investigation or at any time thereafter but before the commencement of inquiry or trial. The investigation referred to under Section 164(1) can either be under Chapter...
All You Want To Know About Recording Of Confessions (Section 164 CrPC) [Part-1 - Introduction]
P R O L O G U EWhat prompted me to write this Article is an observation made in a recent judgment dated 25-02-2019 rendered by a Division Bench of the Kerala High Court in Criminal Appeal No. 794 of 2014 (Ali K.B. v. State of Kerala 2019 (1) KHC 898). 2. The case before the High Court was a murder case. The learned Judges were considering the testimony of PW2 the sole eye witness in the...
Can Courts Admit Evidence Which Has Been Obtained Illegally Or Improperly?
The admissibility of evidence in Courts in India is dependent on its relevancy as per the provisions of Indian Evidence Act.Illegality or impropriety in obtaining the evidence will not affect its admissibility, if it is otherwise relevant.Test of admissibility of evidence lies in its relevancy and not on how it was obtained.In Kuruma v The Queen [1955] AC 197 the Privy Council laid down that...
When Can A 'Cheque Bounce' Complaint Against Director Of Company Be Quashed? SC Answers [Read Judgment]
"The law requires that the complaint must contain a specific averment that the Director was in charge of, and responsible for, the conduct of the company’s business at the time when the offence was committed."
Mere Inability To Repay Loan Does Not Constitute 'Cheating': SC [Read Judgment]
“The mere inability of the appellant to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, as it is this mens rea which is the crux of the offence.”