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...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Powers and duties of Appellate Court reiterated...........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Answers given by accused to questions put u/s 313 Cr.P.C., are not per se evidence because, firstly, it is not on oath and, secondly, the prosecution does not get an opportunity to cross-examine the accused - However, it is subject to consideration by the Court to the limited extent of..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Wrong answers to some questions - Adverse inference may be drawn against the accused...........
Criminal Procedure Code, 1973, Section 451, 457, Motor Vehicles Act, 1988, Section 158(6) -- Seized vehicles - Release - In addition to the directions issued by Supreme Court in Sunderbhai Ambalal Desai case further directions issued viz : (A) Insurer may be permitted to move a separate application for release of the recovered vehicle as soon as it is informed of such..........
Criminal Procedure Code, 1973, Section 451, 457, Motor Vehicles Act, 1988, Section 158(6) -- Seized vehicles - Release - All the State Governments/Union Territories/Director Generals of Police shall ensure macro implementation of the statutory provisions and further direct that the activities of each and every police stations, especially with regard to disposal of the..........
