Criminal Procedure Code, 1973, Section 53, 54 -- Medical Examination of person suspected or accused of having committed an offence - Cannot be forcibly subjected to medical examination - If police officers use force for that purpose person aggrieved can lawfully exercise such right of private defence to resist such force...........
Criminal Procedure Code, 1973, Section 53, 54, 107, 197, Indian Penal Code, 1860, Section 500, 354, 498 -- Adultery - Bald allegation that appellant is living in illicit relationship - Held, in such situation, there is no scope for the respondent to invoke S.107 CrPC and contend that he acted by virtue of authority vested in him...........
Criminal Procedure Code, 1973, Section 53 -- Hair sample - Some human hair recovered from palm of deceased - Accused directed to give his hairs for comparison with the recovered hairs - Failure to take sample by IO in time would not affect case - Even if accused was released on anticipatory or regular bail, he would be considered having been arrested for the purpose of..........
Identification of Prisoners Act, 1920, Section 2(a), 4, 5, Criminal Procedure Code, 1973, Section 53 -- Taking of voice sample - Power of Magistrate - Held, a Magistrate acting u/s 5 of the Prisoners Act can give a direction to any person to give his voice sample for purposes of any investigation or proceeding under the Code...........
Identification of Prisoners Act, 1920, Section 5, Criminal Procedure Code, 1973, Section 53 -- Voice sample - Whether included in the definition of "measurements" under the Identification of Prisoners Act and in the Explanation to S.53 of the Code? - Held, no, voice sample is not included in the definition of "measurements" under the provisions of the abovesaid Acts...........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 53,54 -- Rape - Medico-legal examination of accused - Contention that consent of accused was not taken at the time of medical examination - Contention not tenable - Held, Ss.53 & 54 CrPC permits Investigating Officer to arrest accused and if he finds that some evidence could be made available..........
Criminal Procedure Code, 1973, Section 53 -- Criminal trial - Medical examination - DNA Profile and DNA sample - DNA Profile is a record created on basis of DNA samples - Could be relied on at any time for purpose of matching it with new profiles - It is a sort of genetic finger printing and identification of an individual is done akin to identification of fingerprints of..........
Criminal Procedure Code, 1973, Section 53(A), Constitution of India, 1950, Article 20(3) -- Taking photographs, sample of public hair from body of accused without his consent - Person accused of an offence of rape - Taking sample of blood of accused with his consent for the purpose of DNA test - Taking photograph, sample of pubic hair from body of accused without his..........
Criminal Procedure Code, 1973, Section 439, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, 53 -- Murder - Juvenile at the time of commission of offence - Bail granted - Held, nature of offence alleged to have been committed by a juvenile is not to be seen and granting of bail to a juvenile is mandatory and bail can only be declined if there are..........
Indian Penal Code, 1860, Section 420, Copyright Act, 1957, Section 51, 53, 63, 67, Criminal Procedure Code, 1973, Section 320 -- Offence under Ss.51, 53, 63 & 67 Copyright Act and S.420 IPC - Parties compromised - FIR quashed...........
