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Whether the court can convict accused U/S 302 R/W S 34 of IPC if he was charged U/S 302 R/W S 149 of IPC?
23. In paragraph 17 of the decision of this Court in Chandra Pratap Singh v. State of M.P. MANU/SC/1100/2023 : 2023:INSC:887 : (2023) 10 SCC 181, while dealing with conversion of charge from Section ...
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Supreme Court: Under which circumstances prosecution case can not be dismissed for non examination of independent witnesses
28. Next, in order to impeach the oral evidence of P.W. 3, P.W. 4 and P.W. 5, the Appellants asserted that there is no testimony of any independent witness, despite the place of crime as per the case ...
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Whether convict can challenge conviction on the ground of conversion of charge if he fails to prove Failure Of Justice?
26. Also, it is beyond any cavil of doubt that the burden to show that in fact a failure of justice has been occasioned is on the Accused. The decision in State of Uttar Pradesh v. Paras Nath Singh ...
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Supreme Court: Clean Acquittal Of Accused After Long Undertrial Custody May Give Rise To Claim For Compensation
There are cases where clean acquittal is granted by the criminal courts to the Accused after very long incarceration as an under trial. When we say clean acquittal, we are excluding the cases where ...
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Rajasthan HC: Complainant in Case Under S 138 of NI Act is victim, he can file appeal against acquittal before Sessions Court
This application for grant of leave to file appeal has been filed by complainant-Vikram Manshani against the judgment dated 12.02.2024 passed in Criminal Case No.3108/2016, where- ...
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Karnataka HC: Notice To Accused under S.223 BNSS Can't Be Issued Before Recording Sworn Statement Of Complainant & Witness
The Magistrate while taking cognizance of an offence should have with him the statement on oath of the complainant and if any witnesses are present, their statements. The taking of cognizance under ...
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Kerala High Court Elucidates 'Organized Crime' punishable U/S 111(1) Bharatiya Nyaya Sanhita (BNS), 2023 : A Comprehensive Analysis
Muhammad Rasheed Vs. State of Kerala Decided On: 13.08.2024, the High Court of Kerala has provided crucial clarification on the interpretation of 'organized crime' under the newly enacted Bharatiya ...
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Bombay HC: As per S.193 BNSS, police must inform progress in Investigation To Informant or victim
a Circular dated 23rd August 2024 has been issued for scrupulous compliance of the provisions of Section 193 (3) (ii) & (iii) of the BNSS. The said Circular is taken on record. 6. In view of the ...
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Bombay HC: Multiplier method is to be used to quantify the loss of income as a result of death or permanent disability suffered in an accident.
Citation: MANU/MH/0012/2022.
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What is duty of Motor accident claim tribunal while recording evidence of doctor in motor accident claim petition regarding personal injury?
The Tribunal should not be a silent spectator when medical evidence is tendered in regard to the injuries and their effect, in particular the extent of permanent disability. Sections 168 and 169 of ...
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What facts are to be proved for convicting an accused for an offence U/S 306 of IPC for abetment of suicide?
To secure a conviction under Section 306 of the Indian Penal Code (IPC), which pertains to the abetment of suicide, the prosecution must establish several critical elements. Below are the essential ...
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What facts are to be proved for convicting an accused for an offence U/S 353 of IPC?
To convict an accused under Section 353 of the Indian Penal Code (IPC), which pertains to assault or criminal force against a public servant in the discharge of their duties, certain fundamental facts ...