Can Magistrate examine advocate instead of accused under section 313?
Section 313 Sub-section (1) of section 313 reads as under: “Power to examine the accused- (1) In every inquiry or trial, for the purpose of enabling the accused personally to…
Is the accused required to present before issuing the process and during inquiry by Magistrate?
It is clear from the entire scheme of Ch. XVI of the Code of Criminal Procedure that an accused person does not come into the picture at all till process…
The power to dismiss the complaint under Section 203 CrPC
Section 203 of the Code of Criminal Procedure which empowers a Magistrate to dismiss a complaint reads thus: ” The Magistrate before whom a complaint is made or to whom…
The court cannot re-write, recast or reframe the legislation, it has no power to legislate- Supreme Court
The court cannot proceed with an assumption that the legislature enacting the statute has committed a mistake and where the language of the statute is plain and unambiguous, the court…
What Supreme Court thinks on Trial by Media?
Cardozo, one of the great Judges of American Supreme Court in his “Nature of the Judicial Process” observed that the judges are subconsciously influenced by several forces. Supreme Court has…
The scope of the Appellate Court in reversing the order of acquittal by the Trial Court
In ‘Siddhartha Vashisht @ Manu Sharma v. NCT of Delhi (2010)’, the Supreme Court laid down some principles to be kept in mind by Appellate Court while dealing with appeals,…
Right to the City
“The RTTC is a ‘right’ to struggle for maintaining critical social solidarities. And, accordingly, such a right presupposes the respect for freedom of speech and expression, advocacy and dissent, movement…
The right of accused under section 207 of CrPC
The parameters governing the process of investigation of a criminal charge; the duties of the investigating agency and the role of the courts after the process of investigation is over…
M. Nagraj v. Union of India (2007) – A Brief
In M. Nagraj v. Union of India (2007), the Constitution Bench validated- the Constitution (Seventy-seventh Amendment) Act, 1995 which inserted Article 16(4-A); the Constitution (Eighty-first Amendment) Act, 2000 which inserted…
Section 167 and Section 344- In brief
Sec. 167 appears in Ch. XIV which deals with information and investigation. As its language shows, it deals with the stage when a person is arrested by the police on…