Protection of Children from Sexual Offences Act, 2012, Section 24, 33, 36, Criminal Procedure Code, 1973, Section 327(2), 327(3), Indian Penal Code, 1860, Section 228A -- Investigating agency, prosecutors and Court must take appropriate measures to ensure that identity of child is not disclosed to his/her prejudice in course of investigation and trial - Trial of case..........
Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 25, 27, 33(8), Protection of Children from Sexual Offences Rules, 2012, Rule 7, Criminal Procedure Code, 1973, Section 154 -- Sexual assault - Directive issued that whenever registration of FIR is reported to Special Court, Special Court shall make due enquiries from investigating agency as to compliance..........
Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 33(8), Protection of Children from Sexual Offences Rules, 2012, Rule 7, Criminal Procedure Code, 1973, Section 357A -- Sexual assault - Directive issued that Special Court upon receipt of information as to commission of any offence under Act by registration of FIR shall on his own or on application of..........
Criminal Procedure Code, 1973, Section 319 -- Power of S.319 Cr.P.C. - Can be exercise only after trial proceeds and commences for recording of evidence, which may lead the trial Court to believe that array of some accused is necessary...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 227, 482 -- Dishonour of cheque - Offence by company - Admittedly, resignation of accused was accepted by company and resolution was passed by company - However, forwarding of Form No.32 by accused to Registrar of Companies will be matter of trial - Therefore, Court cannot enter into..........
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Appeal - Delay - Condonation of delay - Delay in filing appeal due to incorrect legal advice - It cannot be considered that applicant deliberately and mala fidely filed the appeal belatedly - Court must be extremely liberal in the matters of condonation of delay and if a person has acted in bona..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 394 -- Compromise in an offence u/s 394 IPC - Offence not compoundable within scope of S.320 Cr.P.C. - However, Court in view of compromise arrived at between parties can reduce the sentence imposed while maintaining conviction...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - An application u/s 311 Cr.P.C. can be considered even at the fag end of trial and if necessary allowed if Court finds that allowing such application will not render filling up of the lacuna in either the prosecution case or the defence case...........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 420, 471 -- Quashing of FIR - Compounding of offence - Offence u/ss 420, 471 IPC - Even though offence in question is no, compoundable, but High Court in exercise of its jurisdiction u/s 482 Cr.P.C. can quash such offence on the basis of settlement arrived at between parties - FIR quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Magistrate has options : (i) to acquit the accused; or (ii) to adjourn the case for future dates; (iii) to dispense with attendance of complainant and proceed with the case - It is within the absolute domain of Court as to which..........
