Category: Criminal Law

A collection of all the Judgements which are related to Criminal Law.

SUPREME COURT OF INDIA – DIRECTIONS ON CRUELTY – DOWRY DEMAND AND MISUSE OF SECTION 498-A OF INDIAN PENAL CODE

Date of Judgement: 27.07.2017: Main contention raised in this appeal is that there is need to check the tendency to rope in all family members to settle a matrimonial dispute. Omnibus allegations against all relatives of the husband cannot be taken at face value when in normal course it may only be the husband or at best his parents who...

SUPREME COURT OF INDIA – REGISTRATION OF FIR IS MANDATORY IF THE INFORMATION GIVEN TO THE POLICE DISCLOSES THE COMMISSION OF A COGNIZABLE OFFENCE

Date of Judgement: 06.01.2017 : What is necessary is only that the information given to the police must disclose the commission of a cognizable offence, in such a situation, registration of an FIR is mandatory. However, if no cognizable offence is made out in the information given, then the FIR need not be registered immediately and perhaps the police can conduct...

DELHI HIGH COURT – A LIFE SENTENCE MEANS THE ACTUAL LIFE IMPRISONMENT FOR THE ENTIRE LIFE OF THE CONVICT

Delhi High Court Date of Judgement: 09.11.2016 Life sentence is not limited to either 14 years, or 20 years, or even 25 years. A life sentence means the actual life imprisonment for the entire life of the convict. The same may be curtailed by the State by premature release. However, that is the discretion of the State Government to be...

SUPREME COURT OF INDIA – WHETHER A PRIVATE PERSON CAN BE PERMITTED TO CONDUCT AND ENGAGE A PRIVATE COUNSEL IN SESSION COURT TRIAL AND MAGISTRATE COURT TRIAL OR NOT?

Supreme Court of India Date of Judgement: 06.09.2016 A private person can be permitted to conduct the prosecution in the Magistrate’s Court and can engage a counsel to do the needful on his behalf but as far as session trial is concerned the legislative intention is manifestly clear that prosecution in a Sessions Court cannot be conducted by anyone other...

DELHI HIGH COURT – MATERIAL DISCREPANCIES IN STATEMENTS OF PROSECUTRIX – GUILT OF ACCUSED NOT ESTABLISHED – BENEFIT OF DOUBT – ACCUSED ACQUITTED

Delhi High Court Date of Judgement: 28.07.2016 No injury suffered by prosecutrix – No alarm raised – Possibility of physical relations between prosecutrix and Accused – Material discrepancies in statements of prosecutrix – Guilt of accused not established – Benefit of doubt – accused acquitted. Click Here To View Full Text Of Judgement

SUPREME COURT OF INDIA – EMPLOYEES OF A PUBLIC SECTOR UNDERTAKINGS ARE NOT A ‘PUBLIC SERVANT’ UNDER S. 197 CRPC

Supreme Court of India Date of Judgement: 29.06.2016 Deciding the question as to whether an employee of a Public Sector Undertaking can be considered to be ‘Public servant’ under Section 197 CrPC, the bench of Dipak Misra and Shiva Kirti Singh, JJ held that the protection by way of sanction under Section 197 CrPC is not applicable to the officers...

SUPREME COURT OF INDIA – EVEN NON-COMPOUNDABLE OFFENCES CAN BE COMPOUNDED WHEN THE TRANSACTION IS OF PRIVATE NATURE

Supreme Court of India Date of Judgement: 04.05.2016 When the dispute is purely of a personal nature or it arose out of private business dealings between two private parties and there is no public involvement in allegations against accused, courts can accept compromise even in criminal proceedings. Click Here To View Full Text Of Judgement

BOMBAY HIGH COURT- WHILE GRANTING ANTICIPATORY BAIL TO A MAN THE HON’BLE BOMBAY HIGH COURT OBSERVED THAT IF A MAJOR AND EDUCATED WOMAN GETS INTO PHYSICAL RELATIONSHIP WITH SOMEONE AND UNDERSTANDS ITS CONSEQUENCES, THEN IT WOULD NOT FALL UNDER THE AMBIT OF RAPE

Bombay High Court Date of Judgement: 10.03.2016 In the present case, a 25 years old man was accused of rape, cheating and criminal intimidation by his former 24 years old partner. In the complaint, she alleged that the accused had got her into a physical relationship on the pretext of marriage and later refused to marry her. Click Here To...

POWERS AND PROCEDURE OF DELHI CAW CELL (CRIME AGAINST WOMEN CELL)

In Delhi (CAW Cell) Crime Against Women Cell was established in 1983, under section 19 of the Delhi Police Act. After receiving a complaint from women, CAW cell examines the alleged offences, provide the assistance in reconciliation and prevents the miscarriage of justice, instead of straightaway registering the FIRs on complaints lodged by women. The first step in the CAW cell process...