Tag: Criminal Procedure Code

Witness Protection vs. Bail Cancellation: Supreme Court Explains the Crucial Difference
7Oct By The Legal ChamberNo Comments
Supreme Court

Witness Protection vs. Bail Cancellation: Supreme Court Explains the Crucial Difference

This Supreme Court judgment clarifies the distinct legal roles of bail cancellation and the Witness Protection Scheme, 2018. The Supreme Court held that the Scheme is a curative measure to protect witnesses, while bail cancellation is a judicial remedy for violations of bail conditions. The existence of the Scheme cannot be a ground to deny cancellation of bail when an accused intimidates witnesses, as these are separate legal avenues serving different purposes. Facts Of The Case: The case originated from an FIR (No. 137 of 2022) lodged by the appellant, Phireram, for offences including murder and conspiracy under the IPC. The accused were arrested and subsequently granted bail by the High Court, subject to specific conditions prohibiting them from threatening witnesses or tampering with...
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Supreme Court Rules :Procedural Lapses Can’t Be A Safe Haven For Rapists
6Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules :Procedural Lapses Can’t Be A Safe Haven For Rapists

The Supreme Court held that procedural irregularities, such as defective charge framing or improper joint trial under Section 223 CrPC, do not automatically vitiate the proceedings unless a failure of justice is proven. The Court emphasized that minor inconsistencies and procedural lapses should not be elevated to the level of reasonable doubt to acquit an accused, especially in heinous offences, if the core prosecution evidence remains credible and consistent. The conviction was restored as no prejudice was established. Facts Of The Case: In 2016, a few months after the Holi festival, the appellant's minor daughter began experiencing health issues. Her deteriorating condition led her mother to take her to a hospital in Ballia, Uttar Pradesh, for treatment. On July 1, 2016, a medic...
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Justice Delayed is Justice Denied: Supreme Court Orders Strict Timelines for Pronouncing Judgments
29Sep By The Legal ChamberNo Comments
Supreme Court

Justice Delayed is Justice Denied: Supreme Court Orders Strict Timelines for Pronouncing Judgments

This Supreme Court judgment reiterates the legal imperative for timely pronouncement of reserved judgments to uphold the right to speedy justice. The Supreme Court directed all High Courts to strictly adhere to the guidelines established in Anil Rai v. State of Bihar, mandating a monitoring mechanism by the Registrar General and the Chief Justice to ensure judgments are delivered within three months of being reserved. Facts Of The Case: The appellant, the de-facto complainant in the case, challenged interim orders from the High Court of Judicature at Allahabad concerning a long-pending criminal appeal filed by respondent no. 2 in 2008. The core grievance was the inordinate delay in the High Court's disposal of this criminal appeal. The appeal had initially been heard at length by a Div...
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Supreme Court’s Balancing Act in UAPA Bail Appeals :Trial Delay vs. Terror Charges
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Balancing Act in UAPA Bail Appeals :Trial Delay vs. Terror Charges

The Supreme Court, while dismissing appeals against bail grant and refusal under the UAPA, emphasized the prima facie test for bail under the stringent Act. It declined to interfere with the High Court's reasoned analysis of the chargesheet evidence, distinguishing the roles of the accused. The Court underscored the right to a speedy trial, directing the conclusion of proceedings within two years due to the accused's prolonged incarceration. Facts Of The Case: The case originated from an FIR registered in January 2020 against 17 individuals, including Saleem Khan (Accused No. 11) and Mohd. Zaid (Accused No. 20), for alleged conspiracy under the IPC and various offences under the UAPA and Arms Act. The allegations involved connections with terrorist activities and organisations. The inves...
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Supreme Court’s Landmark Ruling :The Problem with Extra-Judicial Confessions
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Landmark Ruling :The Problem with Extra-Judicial Confessions

The Supreme Court acquitted the accused, holding that the prosecution failed to prove guilt beyond reasonable doubt. The conviction, based on extra-judicial confession and circumstantial evidence, was unsustainable as the confessions were unreliable and the circumstantial chain was incomplete, violating the principles established in Sharad Birdhichand Sarda. The benefit of doubt was accorded to the appellant. Facts Of The Case: Neelam Kumari, the appellant, was convicted under Section 302 of the Indian Penal Code for the murder of her infant son. The prosecution's case was that on December 8, 2006, after returning with her husband, Nikku Ram, from his ancestral village, she was left alone with the child at their home in village Nand. When Nikku Ram returned later that evening, both the a...
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Supreme Court Explains When a Criminal Court Cannot Change Its Own Order :”Functus Officio”
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Explains When a Criminal Court Cannot Change Its Own Order :”Functus Officio”

The Supreme Court held that proceedings under Section 340 CrPC are criminal in nature and thus governed by the CrPC. Consequently, a review petition filed under Order XLVII of the CPC is not maintainable. The Court reiterated that Section 362 CrPC bars criminal courts from altering or reviewing their own judgments, except for correcting clerical errors, and the High Court's recall order constituted an impermissible substantive review. Facts Of The Case: The dispute originated between two groups, the Khosla Group and the Bakshi Group, regarding a joint venture to develop a resort in Kasauli. A key point of contention was the validity of the Annual General Meeting (AGM) of their joint venture company, Montreaux Resorts Private Limited (MRPL), held on 30.09.2006. The Bakshi Group relied on ...
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Supreme Court Hostile Witness & Unproven Demand Lead to Acquittal in Landmark Corruption Appeal
17Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Hostile Witness & Unproven Demand Lead to Acquittal in Landmark Corruption Appeal

The Supreme Court acquitted the accused, ruling that the mere recovery of tainted money is not conclusive proof of guilt under the Prevention of Corruption Act. The prosecution failed to prove the crucial element of demand beyond a reasonable doubt. The accused's plausible explanation under Section 313 CrPC was entitled to the benefit of doubt. Facts Of The Case: The case involved an appeal against the conviction of a Lower Division Clerk at the Passport Office, Thiruvananthapuram, under the Prevention of Corruption Act, 1988. The prosecution's case was that the accused demanded an additional ₹500 as a bribe from the complainant to expedite his passport application. After negotiation, an initial gratification of ₹200 was to be paid along with the official ₹1000 fee. The Cen...
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Complete Justice: Supreme Court Uses Special Powers to End Family Dispute, Quashes FIR After Settlement
16Sep By The Legal ChamberNo Comments
Supreme Court

Complete Justice: Supreme Court Uses Special Powers to End Family Dispute, Quashes FIR After Settlement

The Supreme Court, invoking its powers under Article 142 of the Constitution, quashed the criminal proceedings. It held that continuing prosecution after a mutual divorce and full settlement serves no legitimate purpose and amounts to an abuse of the process of law, especially in the absence of specific allegations. Facts Of The Case: The case originated from an FIR (No.67 of 2019) registered by the second respondent against her husband (appellant No.1) and in-laws (appellant Nos. 2 & 3) under Sections 323, 406, 498-A, and 506 of the IPC, alleging cruelty, criminal breach of trust, and criminal intimidation. The marriage, solemnized in March 2018, lasted approximately ten months before the wife left the matrimonial home. Subsequently, a chargesheet was filed in November 2019. However...
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Supreme Court: Father’s Hearsay Statement Cannot Overturn a Dying Declaration
14Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Father’s Hearsay Statement Cannot Overturn a Dying Declaration

The Supreme Court held that a High Court, in its revisional jurisdiction, cannot re-appreciate evidence to overturn an acquittal. It can only correct glaring errors. Finding no such error and that the dying declaration did not establish the charges, the Court restored the Trial Court's order of acquittal. Facts Of The Case: The case originated from an incident on June 14, 2005, in which a woman sustained fatal burn injuries in a fire at her marital home. Her husband (Appellant 1) and another accused (Appellant 2) were charged under Sections 498A (cruelty) and 306 (abetment of suicide) of the Indian Penal Code. The prosecution alleged that the appellants harassed the deceased and that the fire was a result of a deliberate act. The core of the prosecution's case was a dying declara...
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