Showing : 11-20 of 14725 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charge - Veracity of depositions made by witnesses is a question of trial and need not be determined at the time of framing of charge...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 216-- Alteration/addition of charge - Alteration or addition of charge may be done if in opinion of Court there was an omission in framing of charge or if upon prima facie examination of material brought on record, it leads Court to form a presumptive opinion as to existence of factual ingredients..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 394-- Appeal - On death of accused appeal does not abate when there is composite sentence of imprisonment and fine - Appeal has to be treated as appeal against fine - An opportunity should be given to legal heirs of accused to make their submissions against the sentence of fine, which fine could be..........
PATNA HIGH COURT
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 167-- Remand - Judicial Officers are mandatorily required to examine the record, whereafter to record their satisfaction with regard to the need and requirement of accused to be detained and kept in custody - In the instant case remand order passed in a very casual and a perfunctory manner - Petitioner..........
BOMBAY HIGH COURT
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8-- Bail - Kidnapping and rape - Victim left home of her parents secretly with her belongings by her own will and she had surrendered to physical desires of accused out of her love and affection for him - It is not the case of prosecution that accused had promised to marry her - Though victim was..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - If Court granting bail ignores relevant material indicating prima facie involvement of accused or takes into account irrelevant material, which has no relevance to question of grant of bail to accused, High Court or Sessions Court would be justified in cancelling bail...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 148, 149, 120B-- Cancellation of bail - Murder - Entire material was perused before grant of bail - It is not the case of either complainant or State that irrelevant considerations have been taken into account by Sessions Court while granting bail to accused - Order granting bail by Sessions Court cannot be termed..........
ALLAHABAD HIGH COURT
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 401-- Revision - Revisional jurisdiction of High Court u/s 401 Cr.P.C operates within narrow limits and can be exercised only in exceptional cases where interests of public justice require interference for correction of gross miscarriage of justice - It cannot be exercised because lower Court has taken..........
KARNATAKA HIGH COURT
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 357A, 357-- Victim compensation scheme - Where compensation awarded u/s 357 Cr.P.C is not adequate, then Court has power to recommend for additional compensation to victim - However, Trial Court/Special Court has to recommend State or District Legal Services Authority to decide and award compensation in..........
KARNATAKA HIGH COURT
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 357A, 357, Indian Penal Code, 1860, Section 354A-- Additional compensation u/s 357-A Cr.P.C - Offence u/s 354-A IPC - There is no physical injury or bruises on body of victim as per medical record - Charge framed only u/s 354-A IPC - Accused already discharged for offence punishable under POCSO Act - Therefore, question of awarding additional..........

Showing : 11-20 of 14725 Results