Criminal Procedure Code, 1973, Section 177, 178, 179, Indian Penal Code, 1860, Section 498A -- Jurisdiction - Cruelty - Due to mental cruelty wife living in a different city - Not a continuing offence - Court at the place where wife is living has jurisdiction only when there is specific case of physical or mental torture at the place where she is living...........
Criminal Procedure Code, 1973, Section 177, 178, 179 -- Territorial jurisdiction - Depends upon nature of accusation made in FIR/complaint for deciding as to whether a particular Court has territorial jurisdiction...........
Criminal Procedure Code, 1973, Section 221(2), Indian Penal Code, 1860, Section 304B, 302 -- Charge - Charge u/s.304B and conviction u/s.302 - Offence u/s.302 IPC cannot be said to be minor offence vis-a-vis an offence u/s.304B - Alternative conviction of accused recorded by Trial Court u/s.302 IPC by invoking provisions of S.221(2) of Cr.P.C cannot be sustained...........
Criminal Procedure Code, 1973, Section 195, 340, 345 -- Scope - Civil, Criminal, Revenue, Consolidation Courts can exercise rights u/s 195 read with S.340 Cr.P.C. if any overt act as mentioned in S.195 Cr.P.C. is committed during proceedings of the case before such Court...........
Criminal Procedure Code, 1973, Section 195, 340 -- False affidavit - Absence of finding of Court - Proceedings u/s 340 Cr.P.C. not to be initiated...........
Criminal Procedure Code, 1973, Section 215, Indian Penal Code, 1860, Section 325 -- Omission to frame charge u/s 325 IPC - Not resulting in any failure of justice - Does not preclude Court from passing an order of conviction...........
Evidence Act, 1872, Section 112, Constitution of India, 1950, Article 20(3), Criminal Procedure Code, 1973, Section 53A -- DNA Test - Privilege is applicable only in testimonial evidence - In criminal case, obtaining DNA profile will not violate right against self incrimination - Privilege applies only in evidence i.e. testimony in essence taken under duress - Right..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 112, Criminal Procedure Code, 1973, Section 53A -- Rape - DNA Test - Court can compel person male or female to submit for DNA test after incorporation of S.53A of Cr.P.C., DNA test of accused is unavoidable in case of rape...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - In case of acquittal double presumption is in favour of accused i.e : (i) presumption of innocence; and (ii) Accused having secured his acquittal, presumption of his innocence is further reinforced, reaffirmed and strengthened by trial Court...........
Criminal Procedure Code, 1973, Section 178, 179, 184 -- Territorial jurisdiction - Once an offence is committed within India, territorial jurisdiction vests in Court to try the offence as per Ss.177 to 184 Cr.P.C. - Whereas, if offence is committed by a citizen of India outside India or by any person on an Aircraft or ship registered in India then it has to be tried as per..........
