A perusal of Section 307, IPC would make it clear, it really imbibes the true spirit of the maxim ‘culpae poena per esto’. It means ‘let the punishment be proportionate to the offence; let the punishment fit the crime.’ The second part of Section 307, IPC did not prescribe for imposition of punishment more than […]
Read more "Section 307, Indian Penal Code II"“It would be very wrong to say, under a particular statute, bail cannot be granted.” According to Police, Sheikh Javed Iqbal had confessed, he was engaged in illegal trade of supplying counterfeit Indian currency notes in Nepal. Sheikh Javed Iqbal was arrested on 23.02.2015. We are in July, 2024. 9 years have gone by. A […]
Read more "Bail for Sheikh Javed Iqbal and Ors."It is a fact, certain High Courts maintained a view, sentencing to undergo ‘imprisonment till rising of Court’ would be no sentence at all according to law. It cannot be said, imposing a sentence of ‘imprisonment till rising of Court’ is impermissible or an action amounting to evasion of statutory provisions. However, we have no […]
Read more "Flea-Bite"We are examining legality of arrest of Arvind Kejriwal on 21.03.2024. Gifford v. Kelson, (1943) 51 Man. R 120 accurately explains difference between “reasons to believe” and “suspicion”. “Suspicion” requires lower degree of satisfaction and does not amount to belief. An arrestee should be furnished “reasons to believe” to enable him to exercise his right […]
Read more "Referred to Larger Bench XXXVIII: Necessity to Arrest"“Let justice be done though the heavens fall” In early hours of 19/05/2024 a ghastly incident killed 2 young individuals in Pune and cause for same happened to be a Porsche rashly driven by Master X, a child in conflict with law. On very same day, he came to be released on bail. Juvenile Justice […]
Read more "Fiat Justitia Ruat Caelum, Again"Our research indicates, there is no authoritative pronouncement of this Court on this issue. _____ “Government will be well-advised to make suitable amendments.” – Anwar Ahmad v. State of U.P., AIR 1976 SC 680. Section 102(3), CrPC came by way of an amendment only in 1978. It becomes necessary to understand, meaning of the expression […]
Read more "Forthwith"Many times, Parents including Close Relatives of a Wife make a mountain out of a mole. No sooner it reaches Police, fair chances of reconciliation would get destroyed. The foundation of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each other’s fault to a certain bearable extent has to be inherent […]
Read more "Criminal Proceedings in Marriages"An offence of ‘criminal intimidation’ arises when the accused intends to cause alarm to the victim, though it does not matter whether the victim is alarmed or not. The word ‘intimidate’ means to make timid or fearful, especially: to compel or deter by or as if by threats. The word ‘threat’ refers to the intent […]
Read more "Intimidation"Intelligence Officer/Inspector-Mrs. Krishna Chaube on 10.12.1999 at about 06:30 PM had received the secret information, Abdul Hamid Chandmiya would be carrying narcotic substances in an Auto Rickshaw-GJ9T2355 at about 07:00 AM on 11.12.1999 and shall be passing through Shahpur Darwaja. It was recorded and reported to Superior Officer-Mr. Pawan Singh Tomar. Auto Rickshaw-GJ9T2355 was chased […]
Read more "1.450 Kilograms of Charas"A ‘corrupt practice’ is easy to level but difficult to prove. No allegation would fall within definition of ‘corrupt practice’ of ‘undue influence’ as envisaged in Section 123(2) of The Representation of the People Act, 1951. Election Petition No. 01 of 2021 of Aminul Haque Laskar against Karim Uddin Barbhuiya also lacks ‘concise statement’ of […]
Read more "Disobedience of Section 83(1)(a) of RP Act, 1951"The procedure provided under Sections 15 and 19 of JJ Act, 2015 has been held to be ‘mandatory’ by this Court in Ajeet Gurjar v. State of Madhya Pradesh, 2023 SCC Online SC 1255. Court held, ‘may’ in Section 19(1) be read as ‘shall’. As can be seen, there has been a flagrant violation of […]
Read more "Claim of Juvenility VIII"Duality of Sir Amitabh in Shahenshah, (1998) as a Corrupt-Comic Police Officer and a Costumed Crime-Buster compelled many to wonder, what did Sir Amitabh do with his illegal gratifications? No matter what you answer, acceptance of those gratifications were without law. Court has not refrained from reconsidering a prior construction, if it proves to be […]
Read more "Illegal Gratification IV"On 19.10.2018, secret information was received about 2 hanging cloth banners, on which Khalistan Jindabad and Khalistan Referendum 2020 was written, at Pillars Kot Mit Singh Flyover, Amritsar. Language of bail limitation adopted in Section 43D(5) of The Unlawful Activities (Prevention) Act, 1967 remains unique. Courts are burdened with a sensitive task. Call Detail Records […]
Read more "Gurwinder’s Bail"There cannot be any disagreement, right of default bail under Section 167(2), Cr.P.C. is not only a statutory right but is a right that flows from Article 21. Once from material produced along with a Charge Sheet, Court is satisfied about commission of an offence and takes cognizance of that offence allegedly committed – it […]
Read more "Default Bail V"Case of State against Nara Chandrababu Naidu is, Naidu was a mastermind. Learned Senior Advocate, Mr. Mukul Rohtagi argued, since, at time of commission of offence, protective shield of Section 17A of The Prevention of Corruption Act, 1988 was not in force, Naidu could not claim benefits thereof. I do not accept. It has been already observed by me, […]
Read more "Accused No. 37, Mastermind Naidu"It is time to check with firmness, litigation initiated and laced with concealment, falsehood and forum hunting. This unnecessary turning of a civil matter into a criminal case not only overburdens criminal justice system but violates principles of fairness and right conduct in legal matters. It will set a harmful precedent if not addressed. Karan […]
Read more "25 Lakhs for Supreme Court"“The finest hour of rule of law is when law disciplines life and matches promise with performance.” A woman deserves respect. Bilkis Yakub Rasool, being an unfortunate victim of heinous crimes, is challenging en-masse remission granted to Respondent Nos. 3 to 13. The place of occurrence of an incident or place of imprisonment are not […]
Read more "Pardon Jurisprudence IV"It is essential to emphasize, while Afjal did not enumerate any material facts regarding ‘irreversible consequences’, High Courts or Supreme Court are well empowered to take judicial notice of consequences. – Hon’ble Justices Surya Kant and Ujjal Bhuyan, Afjal Ansari v. State of Uttar Pradesh, [Criminal Appeal No. 3838 of 2023]. Surya Kant J’s Judgment […]
Read more "The Nature of Judicial Power: Hon’ble Justice Dipankar Datta’s Definitive Dissent"“Expressions like ‘benefit of doubt’ and ‘honourably acquitted’ are not to be understood as magic incantations. Court of law will not be carried away by mere use of such terminology. Court is obliged to examine substance.” _____ My Lord, Ram Lal altered Date of Birth from 21.04.1974 to 21.04.1972 in 8th Standard Marksheet? No. Ram Lal was a Constable […]
Read more "Honourable Acquittal VI"Learned Senior Counsel, Ms. Meenakshi Arora contended, Section 120B of IPC alone, in absence of any other scheduled offence, cannot sustain a charge under The Prevention of Money-Laundering Act, 2002. Learned Additional Solicitor General argued, as Section 120B of IPC is included in Part A to Schedule, even if allegation is of making a criminal […]
Read more "Scheduled Offences"
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