Md. Aziz Ali, Md. Kutub Ali, Md. Mamud Ali and Samir Ali, fast asleep in their home in the early hours of the morning, oblivious to their imminent fate, were mercilessly murdered in a barbaric manner by the armed accused, without any instigation or provocation. The incident took place at about 6.00 a.m. on 9.11.1995. […]
Read more "I, Eye-Witness"“Turning to Section 405 read with Section 406, IPC we observe that the dispute arises out of a loan transaction between the parties. The law clearly recognizes a difference between simple payment/investment of money and entrustment of money or property. A mere breach of a promise, agreement or contract does not, ipso facto, constitute the […]
Read more "Section 405/406, Indian Penal Code II"In a true sense, The Detective Diaries is a continuation of his first book, Murder in the City. Discerning readers will spot changes in investigative techniques. I wish you a thrilling literary journey ahead. – Rajeev Kumar, Commissioner of Police, Kolkata [20/12/2018]. _____ At various stages of writing, I have received invaluable help from colleagues, […]
Read more "Tiny Habits of Police Investigation"“We fully endorse Justice B.K. Rathi’s view in Raj Kumar Agarwal, 1999 Cr.LJ 4101. The standard to be adopted for summoning the accused under Section 204, Cr.P.C. is not the same at the time of framing the charge; it must be seen only whether there is sufficient ground for proceeding against the accused; fact that […]
Read more "Complex Economic Hawala / Section 204 of The Code of Criminal Procedure, 1973"“This Court in Chajoo Ram, (1971) 1 SCC 774 held that the prosecution under Section 195 could be initiated only by the sanction of the Court and only if the same appears to be deliberate and conscious. The category of offences which fall under Section 195(1)(b)(i) refer to the offence of giving false evidence and […]
Read more "Section 193, Indian Penal Code"Mary Sagarika Biswas, of sound and competent mind, was considered ‘entitled’ to ‘lead her own life as per her own choice in the matter of sexual orientation’ [Writ Petition No. 23120(W) of 2018]. It appeared from her statement recorded under Section 164, The Code of Criminal Procedure that she is a ‘lesbian’. Of course, consensual […]
Read more "#The377Debate IV: Lesbian Morality"A married woman, after 4-5 years of her marriage, realized that her husband is gay and indulged in gay relationships with different males; not intending to stop his relationship with Daniel Crasto. She lodged a First Information Report. Section 377, insofar as it criminalizes consensual sexual conduct between adults of same sex, is unconstitutional. The […]
Read more "#The377Debate III : Non-Heterosexual Adultery"