Criminal Procedure Code, 1973, Section 173(2), Kerala Anti Social Activities (Prevention) Act, 2007, Section 2(o), 3 -- Preventive detention - Subjective satisfaction - Police classifying detenu as `known goonda' after registration of various cases - However, such subjective satisfaction must be recorded by detaining Authority after examining final report of I.O. along..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Defective investigation - Police recovered the lathi allegedly used in offence - However, it is not certain that whether fatal injury could be resulted by it - Blood on the blood stained cap of deceased seized from the place of occurrence not tally with that of deceased - Police officer who conducted seizure not examined..........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C. - Not obligatory/mandatory on police officer to record the statement of all witnesses examined by him during course of investigation - But if the statement of any witness is recorded u/s 161(3) Cr.P.C.by I.O during questioning, it shall be forwarded to Magistrate and a copy of the statements shall be..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution Police officer - Exceeding his powers during investigation of a criminal case and assaulted petitioner in order to extract confession with regard to death of three persons and in that connection, petitioner detained for some days - Alleged conduct of accused has an essential connection with discharge of..........
Criminal Procedure Code, 1973, Section 154, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 9, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7 -- Power of police to investigate - Offence under SC/ST Act - State Govt. issuing notification in exercise of power u/s 97 of the Act conferring power of..........
Criminal Procedure Code, 1973, Section 154, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 9, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7 -- Power of State Government - Offence under SC/ST Act - State Government has power to confer power of investigation to any officer of State other than police..........
Criminal Procedure Code, 1973, Section 482 -- Transfer of case to CBI - Police encounter - Mere fact that charge sheet has been laid by police, which is an outcome of an investigation done by subordinate police officer though there are allegations against superior police officer, would not deter the Court from ordering investigation by CBI...........
Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 19, 24, 25, 27, 33(8), Protection of Children from Sexual Offences Rules, 2012, Rule 7 -- Sexual assault - Directive issued that officer-i, Charge of police station and investigating officer in case including Special Juvenile Police Unit shall ensure that identity of victim is not disclosed in course of..........
Criminal Procedure Code, 1973, Section 156(3) -- Directions for investigation - Magistrate u/s 156(3) Cr.P.C., empowered to direct police officer concerned to register FIR and investigate the offences - Same would mean all offences mentioned in the complaint - Veracity of allegations has to be seen during investigation into allegation - However, if certain offences though..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7(1) -- Offence u/s 3(1)(x) of SC&ST Act - Investigation - As per Rules, only specified DSP can investigate an offence under the Act - Investigation done by any officer below that rank and not..........