Criminal Procedure Code, 1973, Section 438, Protection of Children from Sexual Offences Act, 2012, Section 28 -- Pre arrest bail before registering FIR - Only the Special Court designated under POCSO Act can entertain application and regular Sessions Court cannot exercise power u/s 438 of the Code...........
Criminal Procedure Code, 1973, Section 432, 433A -- Pre-mature release - Length of sentence or gravity of crime cannot be sole basis for refusing premature release...........
Criminal Procedure Code, 1973, Section 432, 433A -- Pre-mature release - Any assessment regarding predilection to commit crime upon release must be based on antecedents as well as conduct of prisoner while in jail and not merely on his age or apprehensions of victims and witnesses...........
Criminal Procedure Code, 1973, Section 432, 433A, Indian Penal Code, 1860, Section 364A -- Pre-mature release - Kidnapping - Conduct of both the accused is more than satisfactory as per State's own affidavit - Accused have no material criminal antecedents and have served almost 16 years in jail - Although being 54 and 43 years old, they still have substantial years of life..........
Criminal Procedure Code, 1973, Section 461(1) -- Provision of S.461(1) Cr.P.C focuses on offender and not on offence...........
Criminal Procedure Code, 1973, Section 461 -- Irregularities which vitiate proceedings - S.461(1) Cr.P.C makes proceedings of a Magistrate void, if he tried an offender, when not empowered by law to do...........
Criminal Procedure Code, 1973, Section 177, 178, 179, 180, 181, 182, 183, 184 -- Transfer of three cases - Lack of territorial jurisdiction - Facts to be established by evidence may relate either to place of commission of offence or to other things dealt with by Ss.177 to 184 Cr.P.C - In such circumstances, Court cannot order transfer on the ground of lack of territorial..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Circumstances not put to an accused u/s 313 Cr.P.C. cannot be used against him, and must be excluded from consideration - Importance of questions put to an accused are basic to principles of natural justice as it provides him opportunity not only to furnish his defence, but also to explain..........
Indian Penal Code, 1860, Section 498A, 306, 294, 506, Criminal Procedure Code, 1973, Section 439 -- Bail - Cruelty - PWs stated that since last three years, accused had been constantly beating and threatening deceased - This caused a lot of distress to her - Deceased committed suicide as she found this torture intolerable - Bail denied to petitioner...........
Criminal Procedure Code, 1973, Section 100(4), 166(3)(4) -- Non-following of provisions of S.100(4), 166(3)(4) Cr.P.C, alone may not be ground to acquit accused - However, considering overall surrounding circumstances and in a case where recovery is seriously doubted, non-compliance of said provisions play an important role...........
