The Proportion between Crime and Punishment
This is an excerpt from the judgment State of Karnataka v. Puttaraja. The law regulates social interests, arbitrates conflicting claims and demands. Security of persons and property of the people…
Re-Trial- Section 386 of CrPC, 1973
Section 386 of the CrPC, 1973 “386. Powers of the Appellate Court .-After perusing such record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor…
Emerging need for a distinct Sentencing Policy in India
The 47th Report of the Law Commission of India , Report by the Committee on Reforms of Criminal Justice, Chaired by Dr. Justice V.S. Malimath, (2003), Report by the Committee…
Sentencing under CrPC, 1973
“If the criminal law as a whole is the Cinderella of jurisprudence, then the law of sentencing is Cinderella’s illegitimate baby” Nigel Walker.British criminologistSentencing in a Rational Society 1 (1969)…
Elements of Fair Trial- Entering upon Defence by the accused
The CrPC, 1973, though a Code dealing with procedural law, is embellished with numerous substantive elements in it. The substantive elements give effect to Articles 14, 20, 21 and 22…
Elements of Fair Trial – Framing of Charges and Fixing dates for Examination of Witnesses under CrPC, 1973
The CrPC, 1973, though a Code dealing with procedural law, is embellished with numerous substantive elements in it. The substantive elements give effect to Articles 14, 20, 21 and 22…
Elements of Fair Trial- Discharge under CrPC 1973
The CrPC, 1973, though a Code dealing with procedural law, is embellished with numerous substantive elements in it. The substantive elements give effect to Articles 14, 20, 21 and 22…
Elements of Fair Trial- Supply of Documents to accused under CrPC 1898, and 1973
The CrPC, 1973, though a Code dealing with procedural law, is embellished with numerous substantive elements in it. The substantive elements give effect to Articles 14, 20, 21 and 22…
Presumption of Innocence and Speedy Trial
Unless a statute indicates otherwise, a criminal trial would commence with the presumption of innocence. This principle is of utmost importance as the Court embarks upon a trial in its…
Section 311- Power to Summon Witnesses
Section 311 Cr.P.C. The said provision reads as follows:- “311. Power to summon material witness, or examine person present. Any Court may, at any stage of any inquiry, trial or…