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…
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…
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…
If there is concurrent finding of facts by lower court and High court in a case, the Supreme Court considers the reappraisal or reappreciation of case in following circumstances- (1)…
Criminal Intimidation Section 503 of Indian Penal Code provides that- 503. CRIMINAL INTIMIDATION Whoever threatens another with any injury to his person, reputation or property, or to the person or…
Kerala High Court Diary The general rule in criminal cases is that all inquiries and trials should be conducted in the presence of the accused, the principle underlying being that…
Confession- History Confession always brings back Harrision’s Case (1783) 1 Leache’s CC 264, where a woman and her two sons were executed for the murder of Harrision, who sometime afterwards…
S. 2(g) of the Code defines the expression ‘inquiry‘ as meaning “every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.” Chapter II of the…
Kerala High Court Diary The general rule in criminal cases is that all inquiries and trials should be conducted in the presence of the accused, the principle underlying being that…
Chapter XV (Sections 200 to 203) of the Code deals with “complaints to Magistrates”. Chapter XVI deals with “commencement of proceedings before Magistrate” and Sec. 204 enables a Magistrate to…
The Code of Criminal Procedure provides not merely for judicial enquiry into or trial of alleged offences but also for prior investigation thereof. Section 5 of the Code shows that…