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If There Are Lapses By Prosecutors, Trial Judges Should Play Active Role In Evidence Process : Supreme Court
The Supreme Court said that trial judges should take a proactive role instead of acting as "mere tape recorders" recording witness statements. If there is any lapse by the prosecutor, then the judge should intervene and ask necessary questions to the witness to elicit relevant information."It is the duty of the court to arrive at the truth and subserve the ends of justice. The courts have to...
Essential To Address Socio-Economic Factors Leading To Juvenile Delinquency; Need Focus On Reformation : CJI DY Chandrachud
Chief Justice of India DY Chandrachud on Saturday (May 4) delivered a lecture on juvenile justice at a symposium organized by the Supreme Court of Nepal in association with UNICEF. In his lecture, CJI Chandrachud made a comparative analysis of the juvenile justice systems in Nepal and India.He also spoke about the challenges facing India's juvenile justice system. A major challenge is...
S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial : Supreme Court
The Supreme Court held that to summon a person as an additional accused invoking powers under Section 319 of the Code of Criminal Procedure, the degree of satisfaction is much stricter. The evidence should be such that it should lead to the conviction of the accused if it is unrebutted.Section 319(1) of Cr.P.C. states that “where, in the course of any inquiry into, or trial of, an offence,...
The Complete Supreme Court Annual Digest- 2023 [Part-XIII]
Labour Law EPF Act can be applied even to factories not engaged in schedule 1 industries: Supreme Court rejects plea of umbrella making unit. Thankamma Baby v. Regional Provident Fund Commissioner, 2023 LiveLaw (SC) 972 Provident fund - when can two establishments be clubbed together for epf act coverage? the supreme court explains. Mathosri Manikbai Kothari College of Visual Arts...
Challenge To Surrogacy Law : Supreme Court To Consider Prohibition On Commercial Surrogacy, Etc., Hearing In July 2024
The Supreme Court on May 3 broadly indicated the issues it would be considering in a batch of pleas challenging provisions of the Surrogacy (Regulation) Act, 2021 and the Surrogacy (Regulation) Rules, 2022.After taking into account the submissions made at the Bar, the bench comprising Justices BV Nagarathna and AG Masih called for written submissions on the issues (proposed by the Union),...
Prosecutors Must Effectively Cross-Examine Hostile Witnesses To Show They're Lying; Merely Marking Contradictions Not Sufficient: Supreme Court
The Supreme Court has noted a lack of thorough cross-examination by Public Prosecutors in criminal appeals, specifically with hostile witnesses.The prosecutors often only confront them with their police statement, aiming to highlight contradictions but not fully explore the witness's testimony, the Court said. The Court emphasized that the purpose of cross-examination is to challenge the...
Trial Of Summons Cases Explained By Justice V Ramkumar [Part-I]
TRIAL OF “SUMMONS CASES” – Ch. XX Cr.P.C. - It has already been seen that a “summons case” is one relating to an offence punishable with imprisonment for 2 years and below in view of Section 2 (w) read with Section 2 (x) Cr.P.C. A “summons case” can be instituted either on a “Police Report” or on a “complaint”. Let us first examine the procedure for trial of...
Section 106 Evidence Act Can't Be Applied Until Prosecution Establishes A Prima Facie Case : Supreme Court
In a notable judgment, the Supreme Court has elucidated the principles relating to the application of Section 106 of the Indian Evidence Act, 1872.Section 106 of the Evidence Act is an exception to the general rule( Section 101 of the Evidence Act) that the burden of proof is on the person who is asserting the existence of a fact. As per Section 106 of the Evidence Act, if any fact is within...
'Independence Of Bar Impinged' : SCBA Executive Committee Raises Concerns About Supreme Court Direction For Women's Reservation In SCBA
The Supreme Court Bar Association (SCBA) has called for an 'Emergent General Meeting' in view of the Supreme Court's recent order reserving a minimum of one-third of the seats for women in the SCBA's executive committee. As per the direction, this order will also be applied in the coming elections, which are to be held on May 16, 2024. The resolution, dated May 03, passed by the...
If AAP Is The Main Accused, Can Kejriwal Be Prosecuted Without Adjudication Proceedings Against AAP? Supreme Court Asks ED
While hearing Delhi Chief Minister Arvind Kejriwal's plea challenging his arrest by the Enforcement Directorate in the Delhi Liquor Policy case, the Supreme Court on Friday (May 3) asked ED counsel Additional Solicitor General SV Raju whether the agency can prosecute Kejriwal when there are no adjudication proceedings going on against the Aam Aadmi Party(AAP).The bench of Justices Sanjiv...
Misuse Of 498A IPC : Supreme Court Requests Parliament To Amend Corresponding Section In Bharatiya Nyaya Sanhita
Raising serious concerns about the misuse of Section 498A of the Indian Penal Code proceedings against the husband and in-laws by the wife, the Supreme Court on Friday (May 3) requested the Parliament to bring out necessary changes to the new IPC i.e., Bhartiya Nyay Sanhita, 2023 (“BNS”) which contained provisions such Section 85 and 86 akin to Section 498A of IPC. “We request...