Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Statutory presumption in favour of bail can only be rebutted if compelling reasons exist...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Bail proceedings - Notice to complainant - Complainant has no unqualified right to be heard at every stage of bail proceedings under JJ Act...........
Indian Penal Code, 1860, Section 376(2)(f), 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 42 -- Offence u/ss 376(2)(f), 376(2)(i) IPC and Ss.3, 4 of POCSO Act - Sections of IPC provides for a higher sentence as compared to Ss.3, 4 of POCSO Act - Trial Court was justified in choosing the former to award punishment in terms of S.42 of POCSO..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 2(1)(y) -- Victim - Cases involving death - Victims can be categorized into three distinct dimentions: (i) Direct Sufferer of Harm i.e. the individual, who has suffered the harm firsthand - In cases of abetment to suicide or homicide, deceased is the primary victim; (ii) While legal heirs (such as family members) may have..........
Indian Penal Code, 1860, Section 304A, 304B, 306 -- Offence u/ss 304-A, 304-B, 306 IPC - Compromise - In offences resulting in death such as u/s 302, 304-A, 304-B, 306 IPC etc., deceased is primary victim - Because harm suffered is inevitable, no compromise by legal heirs can substitute voice of deceased - Therefore, it is not for accused and complainant to negotiate,..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Transfer of cases u/s 406 Cr.P.C. may be allowed when there is a reasonable apprehension backed by evidence that justice may not be done - Mere convenience or inconvenience of parties may not by itself be sufficient enough to pray for transfer...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Mere inconvenience or hardship that accused may have to face in travelling from one place to other would not fall within the expression expedient for the ends of justice...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - While considering an application for transfer of trial some of broad factors which could be kept in mind are: (i) when it appears that State machinery or prosecution is acting hand in glove with accused, and there is likelihood of miscarriage of justice due to the lackadaisical attitude of prosecution; (ii)..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Documents which are part of charge sheet even after they have been supplied to accused might get lost, accused can still ask for certified copy/attested copy of the same at his own expense - Non-supply of a copy of such documents will deprive accused of a meaningful opportunity to put..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 366, 376(2)(n), 344, 384, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 3(2)(va) -- Bail - Abduction and rape - Prosecutrix and appellant were having a consensual relationship - Prima facie no plausible explanation for lodging FIR after a..........
