What Constitutes a ‘Building’ in House Trespass Offence?
Section 442 of the Indian Penal Code, provides that, 442. House trespass.— Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a…
42nd Report of Law Commission and insertion of Section 433A in CrPC
433A.Restriction on powers of remission or Commutation in certain cases “Notwithstanding anything contained in section 432, where a sentence of imprisonment for life is imposed on conviction of a person…
Section 433A of CrPC- Why it was introduced and What does it provide?
The law governing suspension, remission and commutation of sentence is both statutory and constitutional. The stage for the exercise of this power generally speaking is post- judicial, i.e., after the…
Ashok Kumar Golu V. UOI- Premature Release of a Life Convict
Facts of the Case Contentions of the Petitioners It must be conceded that such would have been the impact if the Indian Penal Code (Amendment) Bill was passed by the…
Difference between material collected during the process of taking cognizance and during trial
Chapter XV Chapter XV of the Code of Criminal Procedure, 1973 deals with complaints made to Magistrates. Section 200 which appears in the said Chapter inter alia provides that the…
Torture in Police Custody and the Importance of Human Dignity
Albert Schweitzer, highlighting on Glory of Life, pronounced with conviction and humility, “the reverence of life offers me my fundamental principle on morality”. The aforesaid expression may appear to be…
Compensation for the Victim of Torture in Police Custody
The Case of Supreme court ‘DR. MAHMOOD NAYYAR AZAM V. STATE OF CHHATTISGARH (2012)’, is important on this issue. In this case, appellant (M.N. Azam) was arrested in respect of…
Section 433A of CrPC- In Brief
The law governing suspension, remission and commutation of sentence is both statutory and constitutional. The stage for the exercise of this power generally speaking is post- judicial, i.e., after the…
Whether a person watching a porn video in his private time without exhibiting it to others amounts to an offence?
In its most recent decision, the Kerala High Court considered this question when it was considering a case of a person who was arrested by the Kerala police on the…
Is victim’s testimony enough to convict someone in rape cases?
The Supreme Court of India considered this question thoroughly in the case of ‘Bharwada Bhoginbhai Hirjibhai v. State of Gujrat (1983)’. In this case, a public servant tried to rape…