Criminal Procedure Code, 1973, Section 95(1) -- Forfeiture of a publication - Guidelines - Elucidated...........
Indian Penal Code, 1860, Section 153A, Criminal Procedure Code, 1973, Section 95(1) -- Forfeiture of a publication - Offence u/s 153-A IPC - Intention to cause disorder or incite people to violence is the sine qua non of the offence u/s 153-A IPC - Prosecution has to prove prima facie the existence of mens rea on the part of the accused - Intention of the publication has..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Can be used by the Court to the extent that it is in line with the case of the prosecution - The same cannot be the sole basis for convicting an accused - In the instant case, the statement of accused before the Court, to some extent, falls in line with the case of the prosecution and to..........
Criminal Procedure Code, 1973, Section 313 -- Object - Firstly to provide an opportunity to the accused to explain the circumstance appearing against him and secondly for the Court to have an opportunity to examine the accused and to elicit an explanation from him, which may be free from the fear of being trapped for an embarrassing admission or statement...........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail and anticipatory bail - Principles to be followed for granting regular bail or anticipatory bail have to be applied according to the facts and circumstances of each case - Except for indicating the broad outlines for grant of bail and/or anticipatory bail, no strait jacket formula can be prescribed for universal..........
Criminal Procedure Code, 1973, Section 438, 439(2), 482, Indian Penal Code, 1860, Section 395, 397, 471 -- Anticipatory bail - Dacoity case - Different versions in three different complaints made in respect of same incident and having regard to the fact that allegations with regard to offences u/ss 395, 397, 467, 468 & 471 were sought to be added at a later stage of..........
Criminal Procedure Code, 1973, Section 161 -- Statements recorded u/s 161 Cr.P.C. during investigation are not substantive piece of evidence but can be used primarily for a very limited purpose that is for confronting the witnesses...........
Criminal Procedure Code, 1973, Section 161 -- Case transferred to CID for investigation - Order for investigation afresh - Witnesses can be examined afresh...........
Indian Penal Code, 1860, Section 304B, Criminal Procedure Code, 1973, Section 154 -- Dowry death - FIR - Death occurred at 9 p.m. and FIR lodged at 7 p.m. next day - There is no inordinate delay - Complainant family got the information of death of deceased from a relative and thereafter they must have tried to get the body subjected to the postmortem and have the same..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Every material piece of evidence which prosecution proposes to use against accused should be put to him in clear terms - Accused should have a fair chance to give his explanation in relation to that evidence as well as his own versions with regard to alleged involvement in the crime...........
