Criminal Procedure Code, 1973, Section 161 -- Delay in sending statements recorded u/s 161 Cr.P.C. to the Court - Explanation of I.O. available on record - Reasons beyond control of I.O. - Nobody's case that such statements were not recorded by I.O. at all - Not fatal to prosecution case...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Telephonic message - A cryptic telephonic message of a cognizable offence cannot be treated as a Fist Information Report - Information given by any individual on telephone to the police is not for the purpose of lodging a First Information Report, but rather to request the police to reach the place of occurrence...........
Criminal Procedure Code, 1973, Section 207 -- Supply of copies to accused when proceedings are instituted on a police report free of cost viz. (i) The police report; (ii) The first information report recorded u/s 154 Cr.P.C. (iii) Statement recorded u/s 161(3) Cr.P.C.; (iv) The confessions and statements, if any, recorded under section 164; (v) Any other document or..........
Criminal Procedure Code, 1973, Section 208 -- Supply of copies of document to accused when a case is triable by Court of Sessions instituted otherwise than on a police report - Copy of following documents be supplied free of cost to accused : (i) The statements recorded under section 200 or section 202, or all persons examined by the Magistrate; (ii) The statements and..........
Evidence Act, 1872, Section 165, Criminal Procedure Code, 1973, Section 311 -- Recall and re-examination of a witness - Power of the Court u/s 165 of Evidence Act is in a way complementary to its power u/s 311 of Cr.P.C. - The section consists of two parts i.e. (i) giving a discretion to the Court to examine the witness at any stage and (ii) the mandatory portion which..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Power u/s 311 Cr.P.C. is exercised and evidence is examined neither to help the prosecution nor the defence - If the Court feels that there is necessity to act in terms of S.311 Cr.P.C. but only to subserve the cause of justice and public interest - It is done with an object of getting the evidence in aid..........
Criminal Procedure Code, 1973, Section 311 -- Court questions - Court cannot ask question to a witness so as to frighten, coerce, confuse or intimidate the witness...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence by appellate Court - If the appellate Court thinks that it is necessary in the interest to justice to take additional evidence, it shall do so - It is not restricted to case where there is some formal defect - The matter is one of the discretion of the appellate Court...........
Criminal Procedure Code, 1973, Section 161, 162 -- Delay in recording statement of witnesses - In case of delay in examination of witnesses in the manner of investigation the same is not a ground to condemn the witness - S.162 Cr.P.C. is very clear that it is not mandatory for the police to record every statement - Law contemplates a situation where there might be..........
Criminal Procedure Code, 1973, Section 161, 162 -- Delay in recording statement of witnesses - When delay is explained, whatever be the length of the delay, Court can act on the testimony of the witness if it is found to be cogent and credible...........
