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…
Does Trial under Camera Violate Article 19?
The question was considered in the case of “Naresh Shridhar Mirjakar v. State of Maharashtra (1966)’. While considering the question, the Court analysed the question as follows- It is a…
Can a court give protection to witness against publishing his evidence in press?
The question came before the court in the case of ‘Naresh Shridhar Mirjakar v. State of Maharashtra (1966). Facts of the Case Facts of the case, are that, The learned…
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…
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…
Why Supreme Court not allow reappreciation of evidence in every appeal?
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)…