Is it open to the Court to interfere with the investigation which is still proceeding?
This question arose before a Division Bench of three judges in an appeal carried by the State of West Bengal in the case of State of West Bengal v. S.…
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…
Whether a summon may be issued to the accused
Section 91 confers power on the Court or an officer in charge of a police station to issue a summons or written order as the case may be, to any…
The proportion of the Punishment- Supreme Court’s View
In a Parliamentary democracy like ours, laws are enacted by the Parliament or the State legislature within their respective legislative fields specified under the Constitution. The presumption attached to these…
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…
An analysis of Surat Appellate court’s decision on Rahul Gandhi Defamation case
On 23rd March, 2023, Indian National Congress’s former President Rahul Gandhi was convicted by Surat court, for defamation in relation to his one statement against ‘modi surname’. However, He got…
What’s the difference between staying of conviction and suspension of Sentence?
India’s main opposition leader Rahul Gandhi, was disqualified from Loksabha membership after his conviction and two years sentence in consequence of that conviction, in a case of defamation. But, the…
The power of High Court to quash the proceeding
Under section 482 Cr.P.C. Every High Court has inherent power to act ex debito justitiae to do real and substantial justice, for the administration of which alone it exists, or…
Investigation procedure under Criminal Procedure Code
Section 5 of the Criminal Procedure Code shows that all offences “shall be investigated, inquired into, tried and otherwise dealt with in accordance with the Code”. For the purposes of…
Effect of delay in lodging an FIR
First information report is a report relating to the commission. of an offence given to the police and recorded by it under s. 154, Cr. P.C. As observed by the…