Criminal Procedure Code, 1973, Section 301 -- Appearance by Public prosecutor - S.301 Cr.P.C grants locus to private person to prosecute any person in any Court under the directions of Public Prosecutor or Assistant Public Prosecutor - However, if he wants to file written argument, the same can be done with the permission of Court after evidence is closed...........
Contempt of Courts Act, 1971, Section 12, 15, 2(c), 13 - - Contempt of Court - Truth can be pleaded as defence in contempt proceedings : (i) Court may permit truth as a defence if two things are satisfied, viz., (i) it is in public interest and (ii) the request for invoking said defence is bona fide...........
Criminal Procedure Code, 1973, Section 389, 439 -- Grant of bail u/s.439 Cr.P.C. and u/s.389 Cr.P.C. - Distinction - Held, in case of S.439, only notice to public prosecutor, unless impractical, be given before granting bail to a person who is accused of an offence which is triable exclusively by Court of Sessions or where punishment for offence is imprisonment for life -..........
Criminal Procedure Code, 1973, Section 389 -- Post conviction bail - Procedure for - Held, appellate Court, if inclined to consider release of convict sentenced to punishment for death or imprisonment for life or for period of ten years or more, shall first give an opportunity to public prosecutor to show cause in writing against such release - On such opportunity being..........
Criminal Procedure Code, 1973, Section 482, 320 -- Non compoundable offences - High Court can quash criminal proceedings in exercise of its power u/s 482 Cr.P.C. having regard to the fact that parties have amicably settled their disputes and victim has no objection, even though the offences are non compoundable - Offences which involve moral turpitude, grave offences like..........
Indian Penal Code, 1860, Section 376 -- Rape - Delay in lodging FIR - It is matter of common experience that when sex offence is involved delay stands generally explained - As sex offence brings scandal to family of prosecutrix and time wasted unnecessarily to decide whether it should be made public...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - To prosecute a public servant, whether in service or retired, sanction to prosecute is required if alleged offence was committed during course of employment...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/ss 409, 420, 467, 468, 471, 34 & 120-B IPC - Appellant pleaded that cognizance was taken without obtaining sanction for prosecution - Whether appellant fulfills the conditions mentioned in S.197(1) can be decided by leading evidence at the stage of trial - Moreover, it is not a part of duty..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Question of sanction u/s 197 Cr.P.C. can be raised at any time after cognizance had been taken and may have to be determined at different stages of the proceeding/trial...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of ganja - Non-joining of independent public witness - Joining of independent witness is not a mere formality - Simply saying by official witnesses that independent witnesses were not available without any evidence to that effect would not be suffice - Investigating officer is required to make..........
