Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Deferment u/s 254(3) cannot be asserted as matter of right - Parties seeking deferral u/s 254(3) BNSS, must provide sufficing reasons to invoke discretion of Court to permit cross-examination of witness to be deferred until any other witness or witnesses,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Application for deferring cross examination of a witness or witnesses, on same set of facts, must be made before commencement of cross examination of a particular witness...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Application u/s 254(3) BNSS must be filed, as early as possible, but, in any case, before the commencement of cross examination of a witness...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Court u/s 254(3) BNSS, is vested with jurisdiction to permit deferment of cross examination not only of a witness but set of witnesses and it depends upon case to case justifying deferral of cross-examination...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Court while dealing with application u/s 254(3) BNSS, must consider apprehension of improvisation by prosecution witnesses in their cross-examination to circumvent defence strategy - If appreciation is well founded, it can hamper the prospects of a fair..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Plea for deferral u/s 254(3) BNSS must preferably be made before presentation of case calendar or at earliest available opportunity, before defence strategy become known to prosecution...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination of 6 prosecution witness until they are examined in chief - Witnesses cited as eye-witnesses in challan, on same set of facts - Petitioners pleaded that cross-examination of these witnesses may disclose defence strategy and provide opportunity to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C) -- Contraband - Appellant was not mentioned as accused in all the contemporary documents including memo of arrest - Accused is described as `S' - It is not put to appellant in her examination u/s 313 Cr.P.C that she is the same person as said `S' - Appellant was thus, deprived of an opportunity..........
Indian Penal Code, 1860, Section 409, 420, 120B, 34, 37 -- (Bharatiya Nyaya Sanhita, 2023, Ss.316(5), 318(4), 61(2), 3(5), 3(8)), Prevention of Corruption Act, 1988, Ss.7, 7A, 8, 13(1)(b), 13(2), Criminal Procedure Code, 1973, S.438 (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Offence u/Ss.409, 420, 120-B, 34, 37 IPC and 7, 7A, 8, 13(1)(b), 13(2) PCA - Anticipatory..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Prosecution failed to establish a proximate link between alleged acts of cruelty and deceased's decision to commit suicide - No specific evidence was found that accused instigated, provoked or aided deceased to take the extreme step - Witnesses deposed that one month back there was a quarrel between accused and..........