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Month: December 2018

Kapil Kumar Beri Vs The State Of Delhi (N.C.T. Of Delhi) on 19 December, 2018

Posted on December 22, 2018 by ShadesOfKnife

In this judgment from Hon’ble Delhi High Court, it was held that the prosecution could not prove the offence of incest laid on the father.

Per Para 26,

While it is true that the evidence of the prosecutrix deserves to be given weight and in certain circumstances can be acted upon without any corroboration, in cases of incest, there is always a need for greater and more acute scrutiny, inasmuch as such allegations against persons related by blood (own biological father, for example) smack of bestial instinct and total absence of basic human values and discretion. It is sad to note that the trial Judge blindly accepted the prosecution story without going into the aspects which render it highly improbable, virtually impossible. The erroneous approach of the trial court has led to serious miscarriage of justice in the present case unreasonably holding the biological father of raping his own daughter in the teeth of loaded circumstances showing her to be of wayward ways and possibly in liaison with a male acquaintance.

Kapil Kumar Beri Vs The State Of Delhi (N.C.T. Of Delhi) on 19 December, 2018

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged False Incest Or Rape Or Sexual Or Sexual Harassment Allegations IPC 376 - Punishment for rape Kapil Kumar Beri Vs The State of Delhi (N.C.T. Of Delhi) | Leave a comment

Satish Deka and Ors Vs Jagya Ram Mazumdar on 31 July, 2017

Posted on December 22, 2018 by ShadesOfKnife

Hon’ble High Court of Gauhati has held that “209 IPC should be complaint from magistrate and not private complaint“.

Satish Deka And Ors Vs Jagya Ram Mazumdar on 31 July, 2017

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Posted in High Court of Gauhati Judgment or Order or Notification | Tagged IPC 209 - Complaint by Magistrate and Not Private Complaint IPC 209 - Dishonestly making false claim in Court Satish Deka And Ors Vs Jagya Ram Mazumdar | Leave a comment

The State of Maharashtra Vs Chandrabhan Sudam Sanap

Posted on December 21, 2018 by ShadesOfKnife

This is the case of rape and murder of TCS employee, Esther Anuhya, in Mumbai, who hailed from Machilipatnam, A.P.

The State of Maharastra Vs Chandrabhan Sudam Snap on 20 December, 2018

A brief timeline of case:

January 29, 2014 13:14 IST
https://www.indiatoday.in/india/story/mumbai-techie-esther-anuhya-mumbai-police-tcs-178819-2014-01-29

Mar 4, 2014, 12:32 IST
https://timesofindia.indiatimes.com/city/mumbai/Thief-posing-as-cabby-raped-and-killed-techie-Esther-Anuhya/articleshow/31346513.cms

March 05, 2014 15:42
http://www.andhrawishesh.com/375-wishesh-special/44728-a-porter-solves-anuhyas-mysterious-murder-case.html

May 11, 2014 22:23 IST
https://www.ndtv.com/mumbai-news/esther-anuhya-case-accuseds-mother-friend-are-main-witnesses-561330

October 28, 2015 2:05:41 am
https://indianexpress.com/article/india/india-news-india/esther-anuhya-case-was-told-not-to-rely-on-system-but-i-had-faith-in-it-says-father/

Jan 5, 2016, 07:20 AM IST
https://www.dnaindia.com/mumbai/report-why-cracking-esther-murder-case-was-difficult-2162312

October 28, 2015 1:28:57 am
https://indianexpress.com/article/india/india-news-india/esther-anuhya-case-mumbai-court-convicts-chandrabhan-sanap-sentencing-wednesday/

Oct 31, 2018, 07:14 IST
https://timesofindia.indiatimes.com/city/mumbai/horoscope-led-police-to-esthers-killer-hc-told/articleshow/66435777.cms

Dec 20, 2018, 17:49 IST
https://timesofindia.indiatimes.com/city/mumbai/bombay-hc-confirms-death-penalty-in-mumbai-techie-esther-anuhya-rape-and-murder-case/articleshow/67178458.cms


Apex Court acquitted the Convict, stating Prosecution case has holes in it.

Chandrabhan Sudam Sanap Vs State of Maharashtra on 28 Jan 2025

Other Sources:

https://indiankanoon.org/doc/61280287/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Sensational Or Peculiar Cases The State of Maharastra Vs Chandrabhan Sudam Snap | Leave a comment

Dharambir Khattar Vs UOI on 21 November, 2012

Posted on December 20, 2018 by ShadesOfKnife

Based on the Hon’ble Apex Court’s landmark judgment here, Hon’ble Delhi High Court also ruled that “Therefore, without going into the issue of whether there was non-compliance of the provisions of Section 5(2) or of Rule 419-A, it is clear that even if there was, in fact, no compliance, the evidence gathered thereupon would still be admissible. This is the clear position settled by the Supreme Court and, therefore, no further question of law arises on this aspect of the matter.“.

Dharambir Khattar Vs UOI on 21 November, 2012

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Posted in High Court of Delhi Judgment or Order or Notification | Tagged Dharambir Khattar Vs UOI Illegally Obtained Evidence Admissible As Long As Relevant to Case | Leave a comment

Mathai Vs State of Kerala on 25 May, 2015

Posted on December 20, 2018 by ShadesOfKnife

Hon’ble High Court of Kerala has held that “there is no legal evidence on record to show that it was his house, which was searched. The trial Court failed to appreciate that legal position, while convicting the appellants, which needs interference.”

Mathai Vs State of Kerala on 25 May, 2015

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Posted in High Court of Kerala Judgment or Order or Notification | Tagged Illegally Obtained Evidence Admissible As Long As Relevant to Case Mathai Vs State of Kerala | Leave a comment

Pooran Mal Etc Vs Director Of Inspection on 14 December, 1973

Posted on December 20, 2018 by ShadesOfKnife

Another judgment from Hon’ble Supreme Court clearly lays out that “Courts in India and in England have consistently refused to exclude relevant evidence merely on the ground that it is obtained by illegal search or seizure. Where the test of admissibility of evidence lies in relevancy, unless there is an express or implied prohibition in the Constitution or other law, evidence obtained as a result of illegal search or seizure is not liable to be shut out.”

Pooran Mal Etc Vs Director Of Inspection on 14 December, 1973

Citations : [1974 ITR SC 93 505], [1974 AIR SC 348], [1974 SCC 1 345], [1974 SCR 2 704], [1974 SCC TAX 114], [1974 ITJ 1 406], [1974 CTR 25], [1974 ITR 93 505]

Other Sources :

https://indiankanoon.org/doc/558753/

https://www.casemine.com/judgement/in/5609ab91e4b014971140cc8a

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision Illegally Obtained Evidence Admissible As Long As Relevant to Case Pooran Mal Etc Vs Director Of Inspection Sandeep Pamarati | Leave a comment

R.M.Malkani Vs State Of Maharashtra on 22 September, 1972

Posted on December 20, 2018 by ShadesOfKnife

A landmark case wherein the Hon’ble Apex Court held that, “There is warrant for proposition that even if, evidence is illegally obtained it is admissible. Over a century ago it was said in an English case where a constable searched the appellant illegally and found a quantity of offending article in his pocket that it would be a dangerous obstacle to the administration of justice if it were held, because evidence was obtained by illegal means, it could not be used against a party charged with an offence. See Jones v. Owen“.

Facts of Case:

R.M.Malkani was at the crucial time the Coroner of Bombay. The evidence is that the patient died on 13 May, 1964. Dr. Motwani saw the appellant on 3 October, 1964. The appellant demanded Rs. 20,000. The appellant asked for payment of Rs. 20,000 in order that Dr. Adatia would avoid inconvenience and publicity in newspapers in case inquest was held. Dr. Motwani informed Dr. Adatia about the conversation with the appellant. On 4 October, 1964 the appellant rang up Dr. Motwani and said that he was willing to reduce the amount to Rs. 10,000. On 5 October, 1964 Dr. Adatia received calls from the appellant asking him to attend the Coroner’s Court on 6 October, 1964. Dr. Adatia got in touch with Dr. Motwani on 6 October and gave him that message. Dr. Adatia rang up the appellant on 6 October and asked for adjournment. The appellant granted the adjournment to 7 October. On 6 October there were two calls from the appellant asking Dr. Adatia to attend the Coroner’s Court on 7 October and also that Dr. Adatia should contact the appellant on 6 October. Dr. Motwani rang up the appellant and told him that the telephonic conversation had upset Dr. Adatia. On 6 October Dr. Motwani conveyed to Mugwe, Director of Intelligence Bureau about the demand of bribe to the appellant.

Punch Line:

There is no violation of section 25 of the Telegraph Act in the facts and circumstances of the present case. There is warrant for proposition that even if, evidence is illegally obtained it is admissible. Over a century ago it was said in an English case where a constable searched the appellant illegally and found a quantity of offending article in his pocket that it would be a dangerous obstacle to the administration of justice if it were held, because evidence was obtained by illegal means, it could not be used against a party charged with an offence. See Jones v. Owen.

The Court will take care in two directions in admitting such evidence. First, the Court will find out that it is genuine and free from tampering or mutilation. Secondly, the Court may also secures scrupulous conduct and behaviour on behalf of the Police. The reason is that the Police Officer is more likely to behave properly if improperly obtained evidence is liable to be viewed with care and caution by the Judge. In every case the position of the accused, the nature of the investigation and the gravity of the offence must be judged in the light of the material facts and the Surrounding circumstances.

When a Court permits a tape recording to be played over it is acting on real evidence if it treats the intonation of the words to be relevant and genuine. The fact that tape recorded conversation can be altered is also borne in mind by the Court while admitting it in evidence.

R.M.Malkani Vs State of Maharashtra on 22 Sep 1972

Citations : [1973 AIR SC 157], [1973 MHLJ 92], [1973 MPLJ SC 224], [1973 SCC 1 471], [1973 SCC CRI 399], [1973 SCR 2 417], [1973 KHC 0 469], [1973 CAR 31], [1973 CRLJ SC 228]

Other Sources :

https://indiankanoon.org/doc/1179783/

https://www.casemine.com/judgement/in/5609ab7fe4b014971140ca8e

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Illegally Obtained Evidence Admissible As Long As Relevant to Case Indian Telegraph Act Sec 25 Landmark Case Legal Procedure Explained - Interpretation of Statutes R.M.Malkani Vs State Of Maharashtra Sandeep Pamarati | Leave a comment

Poonam Chand Jain & Anr Vs Fazru on 28 January, 2010

Posted on December 19, 2018 by ShadesOfKnife

Basing on this Apex Court judgment here, Hon’ble Supreme Court has held that, “His Lordship held that an order of dismissal under Section 203 of the Criminal Procedure Code (for short ‘the Code’) is, however, no bar to the entertainment of a second complaint on the same facts but it can be entertained only in exceptional circumstances. This Court explained the exceptional circumstances as (a) where the previous order was passed on incomplete record (b) or on a misunderstanding of the nature of the complaint (c) or the order which was passed was manifestly absurd, unjust or foolish or (d) where new facts which could not, with reasonable diligence, have been brought on the record in the previous proceedings. This Court made it very clear that interest of justice cannot permit that after a decision has been given on a complaint upon full consideration of the case, the complainant should be given another opportunity to have the complaint enquired into again.”

Poonam Chand Jain & Anr Vs Fazru on 28 January, 2010

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Perjury - Approached Court with Unclean Hands Poonam Chand Jain and Anr Vs Fazru Reportable Judgement or Order Second Complaint is Permissible When Different Evidence Exists | Leave a comment

All Amendments to Code of Criminal Procedure (CrPC) of India

Posted on December 18, 2018 by ShadesOfKnife

Code of Criminal Procedure (CrPC) is the general procedural law of India and below are the amendments made to this law over the period.

 

S. No.Short title of amending legislationAct No.Act YearModification or Addition Brought InLeader and Party in Central/State Government
1The Repealing and Amending Act, 1974561974Nothing useful in particular.Indira Gandhi (Indian National Congress)
2The Code of Criminal Procedure (Amendment) Act, 1978451978Amendment to 468 CrPC: Period of limitation for related offences which may be tried togetherMorarji Desai (Janata Party)
3The Code of Criminal Procedure (Amendment) Act, 1980631980All proceedings under sections 108, 109 and 110 of CrPC, pending before any Judicial Magistrate of the first class immediately before the commencement of this Act shall, notwithstanding anything contained in this Act, be dealt with as if this Act had not been enactedIndira Gandhi (Indian National Congress)
4The Criminal Law (Amendment) Act, 1983, wiki431983In the backdrop of Mathura Custodial rape case, sections to prevent/tackle such abuse are brought in.Indira Gandhi (Indian National Congress)
5The Criminal Law (Second Amendment) Act, 1983461983Introduction of Sec 498A IPC, Sec 198A CrPC and Sec 113A of Evidence Act
Amendment to Sections 174 and 176 of the Code of Criminal Procedure, 1973
Indira Gandhi (Indian National Congress)
6The Code of Criminal Procedure (Amendment) Act, 1988321988Nothing useful in particular.Rajiv Gandhi (Indian National Congress)
7The Code of Criminal Procedure (Amendment) Act, 1990101990Insertion of 166A: Letter of request to competent authority for investigation in a country or place outside India

Insertion of 166B: Letter of request from a country or place outside India to a
Court or an authority for investigation in India.

Vishwanath Pratap Singh (Indian National Congress)
8The Code of Criminal Procedure (Amendment) Act, 1991431991Nothing useful in particular.P.V. Narasimha Rao (Indian National Congress)
9The Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992031992Sections 494, 495 IPC are made Cognizable and non-bailable within the State of Andhra Pradesh/Telangana.N. Janardhana Reddy (Indian National Congress)
9The Code of Criminal Procedure (Amendment) Act, 1993401993New chapter VVIA introduced with provisions (150A-150L) relating to bringing back proceeds of crime from outside India.P.V. Narasimha Rao (Indian National Congress)
10The Criminal Law (Amendment) Act, 1993421993Kidnapping for RansomP.V. Narasimha Rao (Indian National Congress)
11The Code of Criminal Procedure (Amendment) Act, 2001502001
  • Ceiling of Rs.500/- was removed.
  • Introduction of interim maintenance along with expenses of proceedings
  • Disposal of interim maintenance application within sixty days
Atal Bihari Vajpayee (Bharatiya Janata Party)
12Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 2003112003
  • Sections 494 and 498A of IPC are added to the list of Compoundable offence u/s 320 Cr.P.C.
N. Chandrababu Naidu (Telugu Desam Party)
13The Code of Criminal Procedure (Amendment) Act, 2005252005
  • No woman shall be arrested after sunset and before sunrise
  • Sec 50A(1): Every police officer or other person making an arrest under this code shall forthwith give the information regarding such arrest and place where the arrested person is held to any of his friends, relatives or such persons as may be disclosed or nominated by the arrested person for the purpose of giving such information.
  • Examination includes DNA-profiling
  • Sec 144A: Power to prohibit carrying arms in possession or mass drill or mass training with arms.
  • Sec 164A: Medical examination of the victim of rape
  • Sec 291A: Identification report of Magistrate
  • Sec 311A: Power of Magistrate to order a person to give specimen signatures or handwriting
  • Sec 436A: Maximum period for which as undertrial prisoner can be detained
  • Sec 441A: Declaration by sureties
  • Increase of fines across many sections
Dr. Manmohan Singh (Indian National Congress)
14The Criminal Law (Amendment) Act, 200522006
  • Sec 195A: Threatening or inducing any person to give false evidence
  • Introduction of new chapter XXIA: Plea bargaining, (265A-265L CrPC)
  • Amendment to 340 CrPC
Dr. Manmohan Singh (Indian National Congress)
15The Code of Criminal Procedure (Amendment) Amending Act, 2006252006Different dates for effectiveness for different provisions of CrPC (Amendment) Act 2005Dr. Manmohan Singh (Indian National Congress)
16Code of Criminal Procedure (Amendment) Act, 200852009
  • Introduction of Sec 41A-41D CrPC: Notice of appearance before police officer
  • Introduction of recording statements/confessions in audio-video electronic means via provisos u/s 161, 164 and 275 CrPC
  • Sec 195A CrPC: Procedure for witnesses in case of threatening etc
  • A witness of any other person may file a complaint in relation to an offence under section 195A of Indian Penal Code.
  • No adjournment should be granted at the request of a party, except where the circumstances are beyond the control of that party
  • Filing of WS under 313 CrPC
  • Sec 357A CrPC: Victim Compensation Scheme
Dr. Manmohan Singh (Indian National Congress)
17Code of Criminal Procedure (Amendment) Act, 2010412010Powers of Police without warrantDr. Manmohan Singh (Indian National Congress)
18Criminal Law (Amendment) Act, 2013, wiki132013In the aftermath of Nirbhaya gang rape case,
  • New sections for Sexual harassment, 354A-354D
  • Sec 357B and 357C CrPC: Rape Victim Compensation Scheme
  • New sections for Trafficking of persons, 370 and 370A
  • Bulk of sections for rape u/s 376 IPC, (376A-376E)
  • New offence u/s 166A was inserted into IPC which can be invoke against police if they violate laws.
  • Per the new Explanation given to sec 197 CrPC, no sanction is required to prosecute the police.
Dr. Manmohan Singh (Indian National Congress)
19Criminal Law (Amendment) Act, 2018, wiki222018In the aftermath of the Kathua gang rape and murder case, key Acts are amended. Highlights are

(a) punishment for the offence of rape from the minimum imprisonment of seven years to ten years, which is extendable to imprisonment for life;
(b) punishment for the offence of rape on a woman under sixteen years of age shall be rigorous imprisonment for a term not less than twenty years but may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and shall also be liable to fine;
(c) punishment for the offence of rape on a woman under twelve years of age shall be rigorous imprisonment for a term not less than twenty years but may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and with fine or with death;
(d) punishment for the offence of gang rape on a woman under sixteen years of age shall be imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and with fine;
(e) punishment for the offence of gang rape on a woman under twelve years of age shall be imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life and with fine or with death;
(f) investigation in relation to all rape cases shall be completed within a period of two months from the date on which the information recorded by the officer- in-charge of the police station;
(g) completion of inquiry or trial relating to the offence of rape, within a period of two months;
(h) dispose of an appeal against a conviction or acquittal in rape cases within a period of six months from the date of filing of the appeal;
(i) the provisions of anticipatory bail shall not be applicable in cases of rape or gang rape of woman under sixteen and twelve years of age;
(j) consequential amendments in the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012 relating to the cases of rape, gang rape of the woman below the age of sixteen years, twelve years, repeat offenders, to extend the applicability of compulsory registration of FIRs, fine imposed to be paid to victim, facilitate better recording of evidence and protect the dignity of rape survivor and treatment free of cost in hospitals.

Narendra Damodardas Modi (Bharatiya Janata Party)

Any new amendments will be updated as and when available.

 


The new BNSS is here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Amendment To Criminal Procedure Code CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC Sec 125 or BNSS Sec 144 - Dispose Interim Maintenance Application In 60 Days | Leave a comment

The Code of Criminal Procedure (Amendment) Act, 2001

Posted on December 18, 2018 by ShadesOfKnife

This is the amendment to CrPC that removed the ceiling of Rs.500/- under the 125 CrPC. And this is the amendment that brought in ‘interim maintenance and expenses of proceeding’. A proviso is introduced which talk about disposal of interim maintenance application under 125 CrPC within 60 days. Of course, 127 CrPC is similarly screwed. And 128 CrPC is altered.

The Code of Criminal Procedure (Amendment) Act, 2001

All the amendments made to the CrPC are available here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 127 - Alteration in allowance CrPC 128 - Enforcement of Order of Maintenance CrPC Sec 125 or BNSS Sec 144 - Dispose Interim Maintenance Application In 60 Days | Leave a comment

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