[BAIL] Questions & Answers By Justice V. Ramkumar- Post Sentence Bail [Part-II]

Q.5 Is there any distinction between the words “being on bail” occurring in clause (i) of Section 389 (3) Cr.P.C and the words “he is on bail” occurring in clause (ii) of Section 389 (3) Cr.P.C? Ans. Yes. Clause (i) obviously applies only in the case of trial for a non-bailable offence in which case the accused may be or may not be on bail when the sentence is...

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VIII]

Q.36 Can a statement recorded as a “dying declaration” be treated as a “statement” under Section 164 (5) Cr.P.C. in case the declarant survives ? Ans. Yes. Where a statement is recorded by the Magistrate as a dying declaration and the maker thereof survives, the statement so recorded can be treated as a statement recorded under Section 164 Cr.P.C. and can be used...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-V]

Q.21 What if, an unmarried testator after executing the “Will”, marries ? Ans. If the testator who is not married, marries after making the will, then by operation of law, the will stands revoked. This is, however, applicable only in the case of Indian Christians including Anglo Indians, Parsis, Jews etc. The above provision is not applicable in the case of...

[BAIL] Questions & Answers By Justice V. Ramkumar- Post Sentence Bail [Part-I]

Q.1 The accused is charge sheeted by the police for an offence punishable under Section 326 IPC. He is on bail during the trial of the case. The Magistrate, after trial, convicts the accused and sentences him to rigorous imprisonment for 3 years. The convict satisfies the Magistrate that he intends to file an appeal and applies for bail under Section 389 (3) Cr.P.C. Is the...

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VII]

Q.31 Should a victim or witness be sponsored by the Police for recording his or her “statement” under Section 164 (5) Cr.P.C. ? Ans. Yes. A person who is neither an accused nor sponsored by the Police has no locus standi to apply to the Magistrate to record his statement under Section 164 Cr.P.C. In other words, a witness or a victim cannot barge into a Magistrate’s Court...

Hiba: Gift Under Muslim Law- Questions & Answers By Justice V Ramkumar [Part-IV]

Q.11.4 What is the classical requirement of Muslim Law regarding the handing over of the property gifted ? Ans. The classical requirement is that the donor should physically depart from the premises with all his goods and chattels and the donee should formally enter into possession. (Vide Macnaghten - page 231). The donor must completely divest himself...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-IV]

Q. 16 The Senior Head of a religious endowment (Mutt) by a written deed nominates a Junior Head as his successor. Is it not open to the Senior Head to put an end to his nomination by another act or deed ? Ans. No. With the above nomination the Junior Head attained a “status” in presenti and the Senior Head cannot deal with his nomination as if it is a Will. (Vide...

[BAIL] Questions & Answers By Justice V. Ramkumar- Default Bail -PART-VI

Q.26 Whether it is for the Magistrate or for the Special Court to extend the time for filing the charge-sheet for the period from 90 days to 180 days under Section 43 D (2) (b) of the Unlawful Activities (Prevention) Act, 1967 (“UAPA” for short) ? Ans. The Magistrate does not have the power to extend the time for filing the charge-sheet with regard to a scheduled offence under...

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-VI]

Q.26 What is the relevance of a retracted confession ? Ans. Merely because the confession was retracted later, it does not mean that the confession was not voluntary in nature. The issue as to whether the accused was willing to give confession voluntarily or not is to be determined from his mental state at the time when he gave the confession. (vide paras 13 and 18 of...

Hiba: Gift Under Muslim Law- Questions & Answers By Justice V Ramkumar [Part-III]

Q.10.2 What is the position if in spite of a gift of the “corpus” the donor retains dominion over the “corpus” ? Ans. Where the donor retains possession of the “corpus” in his own right despite the gift and reserves to himself the right to enjoy the same, such a gift would be invalid. (See – K. S. Mahomed Aslam Khan v. Khalilul Rehman Khan and Others,...

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-V]

Q.21 Is it not permissible for the Magistrate to follow the procedure for recording of evidence by administering oath to the accused while recording the confession ? Ans. No. While the procedure for recording of evidence or administration of oath to the accused, can be resorted to while recording a “statement’ under Section 164 (5) Cr.P.C., such a procedure should not be...

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-IV]

Q.16 If the accused expresses his unwillingness to confess, is there any duty on the part of the Magistrate to liberate the accused from Police custody ? Ans. Yes. That is precisely what Section 164 (3) Cr.P.C. enjoins. Q.17 Should the proceedings of the Magistrate recording the confession be in open Court and during Court hours ? Ans. Yes. The Magistrate should...