Criminal Procedure Code, 1973, Section 2(n), 3(38) -- Offence - Meaning - Offence means `an act or instance of offending', `commit an illegal act' and illegal means, `contrary to or forbidden by law'- 'Offence' has to be read and understood in the context as it has been prescribed under the provisions of Sections 40, 41 and 42 IPC which cover the offences punishable under..........
Indian Penal Code, 1860, Section 300 -- Murder - Prosecution allegation that accused and his father followed the deceased who had gone to the pond for the purpose of digging earth - After picking up quarrel with him, accused committed his murder - No evidence of sudden fight - Attack was pre mediated and not in heat of passion - Held, this cannot be said to be sudden..........
Criminal Procedure Code, 1973, Section 207 -- Supply of copies to accused when proceedings are instituted on a police report free of cost viz. (i) The police report; (ii) The first information report recorded u/s 154 Cr.P.C. (iii) Statement recorded u/s 161(3) Cr.P.C.; (iv) The confessions and statements, if any, recorded under section 164; (v) Any other document or..........
Criminal Procedure Code, 1973, Section 208 -- Supply of copies of document to accused when a case is triable by Court of Sessions instituted otherwise than on a police report - Copy of following documents be supplied free of cost to accused : (i) The statements recorded under section 200 or section 202, or all persons examined by the Magistrate; (ii) The statements and..........
Evidence Act, 1872, Section 165, Criminal Procedure Code, 1973, Section 311 -- Recall and re-examination of a witness - Power of the Court u/s 165 of Evidence Act is in a way complementary to its power u/s 311 of Cr.P.C. - The section consists of two parts i.e. (i) giving a discretion to the Court to examine the witness at any stage and (ii) the mandatory portion which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, 15 -- Recovery of poppy husk - Conscious possession - 8 bags of poppy husk recovered from the canter driven by accused - In his statement under section 313 Cr.P.C., no question was specially put to the accused that he was in conscious possession of contraband - Independent witnesses not joined despite..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - FIR lodged u/ss 419, 420, 467, 468, 471 read with Section 120-B IPC - Prosecution allegation that petitioner allegedly forged power of attorney of his brother who died in the hospital - Some other persons impersonated himself in place of deceased - Petitioner got the sale deed executed in connivance with..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Conduct of Prosecutrix - Prosecutrix visiting several places with accused and permitting to have sex with her - Prima facie shows that she was consenting party - Conviction cannot be sustained under Section 363 IPC...........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173(2), 156(3), 200 -- Police submitted closure report after investigation - Magistrate accepted the closure report - Complainant filed fresh complaint with Magistrate and sought investigation under Section 156(3) CrPC - Magistrate treated the complaint under Section 200 CrPC and ordered enquiry..........
Criminal Procedure Code, 1973, Section 202, 156(3) -- Complaint case - Once Magistrate takes cognizance of an offence, he cannot order investigation under Section 156(3) - Section 156(3) is to be resorted to before taking cognizance, whereas Section 202 of the Code is to be invoked after cognizance is taken after the complaint but before issuance of process...........
