Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, Criminal Procedure Code, 1973, Section 154, 156 -- Applicability - Ss.18 and 18A of the Act exclude any preliminary inquiry before registration of a First Information Report contrary to the provisions contained in Ss.154 and 156 Cr.P.C. - Section 19 of the Act excludes the..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 4(2)(e), Criminal Procedure Code, 1973, Section 156(3) -- Jurisdiction - According to the provisions of the Act and the Code, the Exclusive Special Court or the Special Court, has the power to take cognizance of offences under the Act directly and can exercise the powers of a Court of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, Criminal Procedure Code, 1973, Section 154, 156 -- Applicability - Ss.18 and 18A of the Act exclude any preliminary inquiry before registration of a First Information Report contrary to the provisions contained in Ss.154 and 156 Cr.P.C. - Section 19 of the Act excludes the..........
Criminal Procedure Code, 1973, Section 319 -- Summons - Section 319 of Cr.P.C. indicates that the power bestowed on the court to summon any person who is not an accused in the case when in the course of the trial it appears from the evidence that such person has a role in committing the offense - Therefore, it would be open for the Court to summon such a person so that he..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w), 3(2)(v) -- Quashing of FIR - Offence u/s 376AB IPC, Ss.4, 6 POCSO Act, Ss.3(1)(w), 3(2)(v) SC & ST Act - Liability - The..........
Indian Penal Code, 1860, Section 302, 324, 149, 148, 147 -- Offence u/ss 302, 324, 149, 148 , 147 - Conviction - It can be held that the presence of the accused as a part of the unlawful assembly is sufficient for his conviction - Further, the non-applicability of Section 149 of IPC would not be a bar for convicting the accused/appellants if the evidence would disclose the..........
Criminal Procedure Code, 1973, Section 482 -- Dismissing of application u/s 482 Cr.P.C. - Delay in FIR - Cognizance of offence and Examining witnesses - JMFC held that the case could be decided without collecting evidence from the police but single judge set aside the order as the matter should be investigated on deposition complainant - Especially in cases alleging sexual..........
Indian Penal Code, 1860, Section 143, 147, 148, 427, 452, 302, 149, Explosive Substances Act, 1908, Section 3 -- Murder - Conviction - The High Court upheld the conviction of A2, A4, A5, A8, and A9 for offences under Sections 460, 148, 302 read with 149 IPC and Section 427 IPC and Section 3 of the Explosives Substances Act and allowed by overturning the acquittal qua A10..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - If he was not certain about the marriage, he is bound to disclose that fact to the woman - If such fact was not disclosed, consent may fall under the category of `misconception of fact' and the consent would be vitiated under Section 90 of the IPC - Misconception of fact to vitiate consent as referred under Section..........
Evidence Act, 1872, Section 114, Indian Penal Code, 1860, Section 376 -- Presumption - Rape - In order to give rise to the presumption under Section 114-A of Evidence Act, in context of prosecution on a promise to marry, the woman has to state in her evidence that the promise was false with necessary elements at the time of the sexual act or has to state that..........
