Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory Bail - Custodial interrogation - Interrogation of influential person involved in corruption cases, is important for disinterring useful information and concealed material - However, success in such interrogation would elude if the suspected person knows that he is..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory Bail - Political biasness/ Political vendetta - Accused establishing a prima facie case of political biasness is insufficient for the grant of anticipatory bail, if evidence/material available on record constitutes a prima facie case against the accused...........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Confession if any cannot be looked into at the stage of anticipatory bail or even in regular bail...........
Criminal Procedure Code, 1973, Section 438, 161 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.482, 180), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Statement recorded u/S.161 Cr.P.C (S.180 BNSS) - While it is permissible for Courts to examine statements recorded u/s 161 Cr.P.C. for the purpose of ascertaining whether a prima-facie case has..........
Criminal Procedure Code, 1973, Section 438, 161 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.482, 180), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Statement recorded u/S.161 Cr.P.C (S.180 BNSS) - Inculpatory statement - Statement of accused person u/s.161 Cr.P.C. by virtue of ordinarily being in the form of either an admission or a..........
Criminal Procedure Code, 1973, Section 438, 161 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.482, 180), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Statement recorded u/S.161 Cr.P.C (S.180 BNSS) - Exculpatory statement - Exculpatory police statement of an accused person u/S.161 Cr.P.C that implicates another co-accused, cannot be relied..........
Criminal Procedure Code, 1973, Section 438, 161 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.482, 180), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Statement recorded u/S. 161 Cr.P.C (180 BNSS) - Exculpatory statement - Exculpatory statement of an accused person u/S.161 Cr.P.C can only be looked into for the limited purpose of either..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 186, 379, Mines and Minerals (Regulation and Development) Act, 1957, Section 21 -- Anticipatory bail - Offence u/ss 353, 186, 379 IPC and S.21 of Mines and Minerals Act - Petitioner is alleged to have done illegal mining by using a tipper vehicle which was driven by him - Said vehicle already..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection granted to petitioner - Petitioner co-operating and participating with investigation - Interim protection granted by Supreme Court vide its earlier order made absolute with direction that petitioner shall not be arrested provided he continues to co- operate and participate with..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 85, 316(2) -- Anticipatory bail - Cruelty - Petitioner has already joined investigation and substantial part of dowry articles are recovered - Allegations detailed in FIR are matter of trial - No purpose would be served by sending petitioner behind bars - Anticipatory bail..........
