Criminal Procedure Code, 1973, Section 53A -- DNA test - Direction for conducting DNA as per provisions of S.53-A Cr.P.C can be given even at a later stage...........
Criminal Procedure Code, 1973, Section 53A, Indian Penal Code, 1860, Section 376A, 376(2)9n), 506, 454 -- DNA test - Rape - FSL report shows that human sperm and semen were found on undergarments of prosecutrix - DNA test is essential for just decision of case as per S.53-A Cr.P.C - Thus, it cannot be said that trial Court has tried to fill up lacuna - Order directing for..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Power u/s 205 Cr.P.C can be exercised when Magistrate has issued summons and not a bailable warrant - Once non-bailable warrant was issued, proper procedure was to appear before Court seek recalling of that warrant and bail in the matter - Without doing that permanent exemption was sought -..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Impleadment of victim - Victim is not a necessary party in an appeal from conviction for offences against woman or child, punishable under provisions of IPC or POCSO Act or any other penal provision which will apply in relation to offences affecting human body against any "woman" and/or "child" - No..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Victim is not a necessary party to appeal from conviction of offences against woman or child - Procedure to be adopted: (i) In cases where over and above assistance of Public Prosecutor representing State, appellate Court deems it necessary to provide further assistance to secure interest of victim..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail on medical grounds - Guidelines issued: (i) Medical reports from Jail Hospital must clearly state history, examination findings and clinical diagnosis, interpretation of diagnosis in simpler terms for Judges to understand following: (a) What is the diagnosis?: (b) Whether it can be simply treated by giving..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - After filing of charge sheet - Particulars required to be given in anticipatory bail application, viz. (i) Charge-sheet along with entire material collected by I.O should be made part of anticipatory bail application; (ii) Clear pleading with reference to material on record should be made stating under which..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - After filing of charge sheet - `Appropriate cases' in which anticipatory bail can be granted - Enumerated - However, instances analysed are not exhaustive and in more `appropriate cases' Court can consider grant of anticipatory bail to an accused after considering entirety of facts and circumstances of the..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cases in which Court can refuse to grant anticipatory bail after filing of charge sheet - Enumerated - However, instances analysed are not exhaustive and there may be some unforeseen situations, which Court will consider as per facts and circumstances of the particular case...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s) -- Anticipatory bail - After filing of charge sheet - Offence u/ss 323, 504, 506 IPC and S.3(1)(r)(s) of SC/ST Act - Informant being a journalist removed the crowd with help of people..........
