“This Court in Hamida v. Rashid, (2008) 1 SCC 474 held that an accused after addition of serious non-cognizable offence is required to surrender and apply for bail for newly added offences. Mithabhai Pashabhai Patel v. State of Gujarat, (2009) 6 SCC 332 uses the word ‘ordinarily’ in Paragraph 18 of the Judgment which cannot […]

“One of the foremost components of theft is that the subject matter of the theft needs to be a “moveable property”; “moveable property” is defined in Section 22, IPC which includes a corporeal property of every description. It is beyond doubt that a document is a “moveable property” within the meaning of Section 22, IPC […]

Rohit Bansal along with his friends Vineet, Sonu, Rupesh and Monu had gone to Shanghai Club, Hauz Khas in one Santro, UP-16-AM-6317 and Honda Civic, DL-7CF-4118. Around midnight, while dancing, Rohit Bansal’s hand struck an individual to whom he said ‘sorry’. The individual abused and questioned; took a glass and hit. The matter was pacified […]

A wife died under unnatural circumstances in Nigeria. Her mother moved an application under Section 311 seeking a) summoning of Dr. I. Yusuf [Department of Pathology, Aminu Kano Teaching Hospital] through High Commission of Nigeria or b) recording Dr. I. Yusuf’s evidence through video-conferencing, after issuing a commission for the purpose. Dr. I. Yusuf had […]

My Lord, Mental Illness and Crime? Post-Conviction Mental Illness? “It is well acknowledged fact throughout the world, prisons are difficult places to be in. Piare Dusadh v. King Emperor, AIR 1944 FC 1 has already recognized ‘post-conviction mental illness’ as a mitigating factor. It must be recognized, ‘insanity’ recognized under IPC and ‘mental illness’ we […]

Something mysterious inside me silently tells, every exit is an entrance to somewhere else. “The instant case rests on circumstantial evidence. There cannot be any dispute as to the well-settled proposition that the circumstances from which the conclusion of guilt is to be drawn must or “should be” and not merely “may be” fully established. […]

“We have minutely considered and gone through the entire evidence on record, as it is a case of Capital Punishment and Death Penalty. The crime is committed with extremist brutality and the collective conscious of the society would be shocked. All the family members were done to death in a diabolical and dastardly manner. We […]

“Accused were awarded Death Penalty by Learned Sessions Court. High Court confirmed the Death Penalty so far as A1, A2 and A4 were concerned. The case rests on the deposition of two eye-witnesses, PW1 & PW8. Neither PW1 nor PW8 gave details about the description of the culprits – heights, hair, facial features, complexion, beard […]