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Shades of Knife

True Colors of a Vile Wife

Index of all Summary Case Law Pages on Shades of Knife

Posted on July 18, 2020 by ShadesOfKnife

This can be considered as a sitemap of all Summary pages on my site, Shades of Knife.

Delivery of Justice

  • All Bare Acts of India here.
  • All Compulsory Registration of Marriage in India – Both Acts and Rules here.
  • All Dowry related case laws here.
  • All Dowry Harassment Judgments under Section 498A of IPC here.
  • All Bigamy Judgments under Sections 494 and 495 of IPC here.
  • All Matters related to Exemption from Personal Appearance (u/s 205 CrPC) here.
  • All Bail Matters here.
  • All Condone Delay Judgments here.
  • All Transfer Petition Judgments here.
  • All Look Out Circular Decisions here.
  • All Compensation Judgments for Motor Vehicle Accidents or other mishaps here.
  • All Defamation Judgments here.
  • All Domestic Violence Judgments here.
  • All Divorce Judgments here.
  • All Maintenance Judgments here.
  • All Acquittal from Criminal Matrimonial Cases here.
  • All Perjury Judgments here.
  • All Discharge Judgments u/s 227 Cr.P.C. here.
  • All Discharge Judgments u/s 239 Cr.P.C. here.
  • All Quash Judgment u/s 482 Cr.P.C. here.
  • All Amicable ways of working with Advocates here.
  • All Life Cycles of various cases here.
  • All Passport Judgments here.
  • All Contempt of Court Judgments here.
  • All Legal templates and Drafting here.

 

 

Administration of Justice:

  • All Protection from Police High-handedness here.
  • All Reliefs from Judiciary here.
  • All publicly available legal research tools here.
  • All Video Conferencing Guidelines of Courts in India here.
  • Usage of A4 sheets with Double-Sided Printing for all purposed in Court here.
  • eCourts Project
  • AI-based Legalbots
  • Various rights covered under Article 21 (Protection of life and personal liberty) of Constitution of India here.
  • Staff on Administration of Justice, such as Registry Staff can not exercise Judicial functions such as deciding/dismissing applications/petitions based on their maintainability. See here.
  • All Legal strategies and Defence here.
  • All Law Concepts explained here. 

 

Personal Interest

  • All Legal Goals to Achieve under Judicial Activism (Via Public Interest Litigation) here.
  • All Decisions of High Courts to be made applicable in Other High Courts under Article 227 of the Constitution of India here.
  • All false cases laid on me [Sandeep Pamarati Vs Ungrateful Knife] here.

 

Post Views: 4,869
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to Summary Post Work-In-Progress Article | 2 Comments

Dowry Prohibition Act Judgments

Posted on July 18, 2020 by ShadesOfKnife

Here are a collection of judgment pertaining to Dowry Prohibition Act 1961 and other cases involving Dowry element.

  1. Sarla Prabhakar Waghmare Vs State of Maharashtra And Others on 10 April 1989 [SC:Cruelty should be such that, as to make woman commit harm to herself]
  2. Sankar Prasad Shaw and Ors Vs The State and Anr on 27 Jul 1990 [CalHC: Agreement is prerequisite for Sec 4 conviction]
  3. Arjun Dhondiba Kamble and Ors Vs The State of Maharashtra on 14 February 1992 [BomHC: Any property demanded not in connection of marriage is not dowry]
  4. Harikumar Vs State of Karnataka on 22 October 1993 [SC: Section 8A of Dowry Prohibition Act is not unconstitutional]
  5. Shamnsaheb M. Multtani Vs State of Karnataka on 24 January 2001 [Presumption does not let Prosecution free from establishing their case before burden of proof shifts to accused]
  6. Pandurang Shivram Kawathkar Vs State of Maharashtra on 5 February 2001 [BomHC: Dowry demand is made out anytime before, during or after marriage, as long it is in connection with marriage]
  7. State of U.P Vs Santosh Kumar and Ors on 3 Sep 2009 [SC: Giving dowry under demand is a crime u/s 3 of DP Act read with Sec 2 of the DP Act]
  8. Pooja Saxena vs State and Anr on 20 October 2010 [DHC: Dowry giver is protected from prosecution]
  9. Sharanappa S. Kallur Vs State of Karnataka on 07 Jun 2011 [KarHC: Relies on this case here]
  10. Uma Devi Vs State and Anr on 01 Aug 2011 [DHC: Dowry giver is protected from prosecution]
  11. Vipin Jaiswal Vs State of A.P. on 13 March 2013 (Overruled)
  12. Manjunath Eshwar Vs State of TN on 16 Apr 2013 [MadHC: Relies on SC decision State of U.P Vs Santosh Kumar and Ors here]
  13. Surinder Singh Vs State of Haryana on 13 November 2013 [Demand for dowry in connection with marriage was available so, Dowry Demand allegation is made out]
  14. Gunakala Durga Rani Vs Gunakala Sudhakar on 6 January 2015 [Dowry not proved in a DV Case]
  15. Rajinder Singh Vs State of Punjab on 26 February 2015 [Landmark: Demand for dowry in connection with marriage]
  16. Sudha Vs State (NCT of Delhi) on 4 January 2016 []
  17. Chembeti Srilakshmi Vs Chembeti Sreenu on 7 January, 2016 [Dowry element is time-barred due to AP DP Rules 1998]
  18. Shaik Mehataj @ Jareena Vs Shaik Humayun on 3 October, 2016 []
  19. Korimerla Videesha Vs State of A.P. and Anr on 12 October, 2018 [Invoked AP DP Rules 1998]
  20. Shivendra Raizada and Others Vs State of U.P. and Anr on 6 December 2018 [Gifts are not Dowry]
  21. M. Sudarshan Goud and Ors Vs The State of AP on 24 April 2020 [Dowry should either be given or agreed to be given at or before or after the marriage in connection with the marriage]
  22. Rajesh Chaddha Vs State of Uttar Pradesh on 13 May 2025 [SC : Vague and omnibus allegations cannot sustain a conviction under Section 498A IPC and Section 4 of the Dowry Prohibition Act.]

 

Bare Act, Amendments, Rules etc

Dowry Prohibition Act here.

State-enacted Rules are here.

 


MASTER SITEMAP here.

Frequently Asked Questions – Dowry Prohibition Act (DPA) Jurisprudence in India

The Dowry Prohibition Act, 1961 is a special law enacted to prohibit the giving, taking, or demanding of dowry at the time of marriage or afterward. It criminalizes dowry practices and provides for penalties, including imprisonment and fines, to deter society from this social evil.

Under the Act, dowry means any property or valuable security given, taken, or demanded as a condition for marriage. This includes cash, gifts, ornaments, vehicles, real estate, or any other valuable items provided to the bride or groom’s family. Any demand for additional gifts or money after marriage is also treated as dowry.

In addition to the Dowry Prohibition Act, other penal provisions are often invoked in dowry cases, including:

  • Section 498A IPC – Cruelty by husband or relatives
  • Section 304B IPC – Dowry death
  • Section 34 IPC – Common intention

These sections are commonly applied in conjunction to address cruelty, harassment, and fatal incidents related to dowry demands.

Yes. The demand for dowry alone is an offence under the Act. Even if the dowry is not physically delivered, the mere act of demanding money or valuables in connection with marriage amounts to an offence and attracts legal consequences.

Yes. The law recognizes that dowry harassment may involve multiple persons. Therefore, relatives of the husband, such as in-laws, can also be prosecuted if they actively participate in demanding or pressuring the bride for dowry.

Punishment varies depending on the severity:

  • Simple dowry demand may attract imprisonment and a fine.
  • In cases of dowry death (death within 7 years of marriage due to dowry harassment), enhanced punishment under Section 304B IPC is applied.
    Courts have often noted that dowry offences are serious and socially harmful, justifying strict penalties.

Bail is not automatic in dowry-related offences, especially under serious sections like 304B IPC or when there is strong evidence of cruelty or death. However, both anticipatory bail and regular bail may be considered based on the facts, severity, and compliance with investigation procedures.

Yes. A fair trial entails examination and cross-examination of witnesses. Courts have emphasized that complainants and accused both must be afforded a chance to be heard, and evidence must be tested impartially during trial proceedings.

Refusal to have sexual relations alone does not constitute dowry harassment. However, when such refusal is coupled with coercion, cruelty, or demand for dowry, it may form part of evidence for cruelty under Section 498A IPC or for establishing harassment in dowry practice cases.

Yes. Dowry death convictions have been upheld on circumstantial evidence, especially where:

  • Death occurs within 7 years of marriage,
  • There is proof of harassment, cruelty, and dowry demand,
  • The conduct of the accused suggests involvement.
    Courts have clarified that even in the absence of direct evidence, consistent and cogent circumstantial evidence can lead to conviction.

Medical and forensic evidence often play a critical role, especially in dowry death cases. Courts rely on autopsy reports, injury examinations, and forensic findings to build the prosecution’s case on cause of death, timing of injuries, and whether they align with alleged cruelty or harassment.

Once a dowry-related FIR is registered and investigation begins, the prosecution proceeds in the name of the State, not the complainant. Therefore, withdrawal of an FIR depends on court approval and merits under Section 439/482 CrPC, and is not solely at the complainant’s discretion.

Post Views: 836
Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to Dowry Prohibition Act 1961 Summary Post Work-In-Progress Article | Leave a comment

Shamnsaheb M. Multtani Vs State of Karnataka on 24 January 2001

Posted on July 17, 2020 by ShadesOfKnife

Supreme Court held that the burden of proof even in a 304B Dowry death case initially lies on prosecution only and shifts to accused, only after prosecution establishes their case.

 

Under Section 4 of the Evidence Act whenever it is directed by this Act that the Court shall presume the fact it shall regard such fact as proved unless and until it is disproved. So the court has no option but to presume that the accused had caused dowry death unless the accused disproves it. It is a statutory compulsion on the court. However it is open to the accused to adduce such evidence for disproving the said compulsory presumption, as the
burden is unmistakably on him to do so. He can discharge such burden either by eliciting answers through cross-examination of the witnesses of the prosecution or by adducing evidence on the defence side or by both.

And then,

But the peculiar situation in respect of an offence under Section 304B IPC, as discernible from the distinction pointed out above in respect of the offence under Section 306 IPC is this: Under the former the court has a statutory compulsion, merely on the establishment of two factual positions enumerated above, to presume that the accused has committed dowry death. If any accused wants to escape from the said catch the burden is on him to disprove it. If he fails to rebut the presumption the court is bound to act on it.

Now take the case of an accused who was called upon to defend only a charge under Section 302 IPC. The burden of proof never shifts on to him. It ever remains on the prosecution which has to prove the charge beyond all reasonable doubt. The said traditional legal concept remains unchanged even now. In such a case the accused can wait till the prosecution evidence is over and then to show that the prosecution has failed to make out the said offence against him. No compulsory presumption would go to the assistance of the prosecution in such a situation. If that be so, when an accused has no notice of the offence under Section 304B IPC, as he was defending a charge under Section 302 IPC alone, would it not lead to a grave miscarriage of justice when he is alternatively convicted under Section 304B IPC and sentenced to the serious punishment prescribed thereunder, which mandates a minimum sentence of imprisonment for seven years.

The serious consequence which may ensue to the accused in such a situation can be limned through an illustration:-
If a bride was murdered within seven years of her marriage and there was evidence to show that either on the previous day or a couple of days earlier she was subjected to harassment by her husband with demand for dowry, such husband would be guilty of the offence on the language of Section 304-B IPC read with Section 113-B of the Evidence Act. But if the murder of his wife was actually committed either by a decoit or by a militant in a terrorist act the husband can lead evidence to show that he had no hand in her death at all. If he succeeds in discharging the burden of proof he is not liable to be convicted under Section 304B, IPC. But if the husband is charged only under Section 302 IPC he has no burden to prove that his wife was murdered like that as he can have his traditional defence that the prosecution has failed to prove the charge of murder against him and claim an order of acquittal. The above illustration would amplify the gravity of the consequence befalling an accused if he was only asked to defend a charge under Section 302 IPC and was alternatively convicted under Section 304B IPC without any notice to him, because he is deprived of the opportunity to disprove the burden cast on him by law.

 

In such a situation, if the trial court finds that the prosecution has failed to make out the case under Section 302 IPC, but the offence under Section 304-B IPC has been made out, the court has to call upon the accused to enter on his defence in respect of the said offence. Without affording such an opportunity to the accused, a conviction under Section 304-B IPC would lead to real and serious miscarriage of justice. Even if no such count was included in the charge, when the court affords him an opportunity to discharge his burden by putting him to notice regarding the prima facie view of the court that he is liable to be convicted under Section 304B IPC, unless he succeeds in disproving the presumption, it is possible for the court to enter upon a conviction of the said offence in the event of his failure to disprove the presumption.

 

Shamnsaheb M. Multtani Vs State of Karnataka on 24 January 2001

 


Citations: [

Other Source links:


All Dowry related case laws are in this Index here.

Post Views: 502
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Burden of Proof shifts to Accused after initial burden has been discharged by the prosecution DP Act 8A - Burden of proof in certain cases Landmark Case Legal Procedure Explained - Interpretation of Statutes Shamnsaheb M. Multtani Vs State of Karnataka | Leave a comment

Vipin Jaiswal Vs State of A.P. on 13 March 2013

Posted on July 17, 2020 by ShadesOfKnife

This is overruled by Rajinder Singh here.

Vipin Jaiswal Vs State of A.P. on 13 March 2013


Citations: [2013 AIR SC 1567], [2013 ALT CRI 2 457], [2013 SCC ONLINE SC 225], [2013 OLR 2 130], [2013 JT 4 188], [2013 AIR SC 1746], [2013 AIOL 160], [2013 GLR 3 2510], [2013 CRILJ 2095], [2013 AKR 2 339], [2013 RCR CRIMINAL 2 342], [2013 CLT 116 563], [2013 ALD CRI 1 967], [2013 SCALE 3 525], [2013 SUPREME 2 485], [2013 AIC 125 194], [2013 CUTLT 116 563], [2013 PLJR 3 91], [2013 SCC 3 684], [2013 JCC 2 1330], [2013 DMC 1 700], [2013 SLT 2 767], [2013 BLJ 3 531], [2013 SCC CRI 2 15], [2013 SCR 3 449], [2013 ALLCC 82 61], [2013 AD SC 4 275], [2013 CRIMES SC 3 229], [2013 GUJLR 3 2510], [2013 CRLJ SC 2095]

Other Source links:

https://indiankanoon.org/doc/167568223/

https://www.casemine.com/judgement/in/5609af30e4b0149711415c1b


All Dowry related case laws are in this Index here.

Post Views: 605
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision DP Act 4 - Dowry Demand Not Proved DP Act 4 – Money Demand Not In Connection Of Marriage Legal Procedure Explained - Interpretation of Statutes Overruled Judgment Reportable Judgement or Order Vipin Jaiswal Vs State of A.P. | Leave a comment

Surinder Singh Vs State of Haryana on 13 November 2013

Posted on July 17, 2020 by ShadesOfKnife

Supreme Court in this case, held that the demand for dowry in connection with marriage was available so, Dowry Demand allegation is made out.

From Para 16,

This Court held that demand made for purchasing a computer, six months after the marriage, was not a demand in connection with marriage and was not a dowry demand within the meaning of Section 2 of the Dowry Prohibition Act, 1961. Vipin Jaiswal is not applicable to the present case. Explanation to Section 304B of the IPC states that for the purpose of this sub-section, dowry shall have the same meaning as in Section 2 of the Dowry Prohibition Act, 1961. Section 2 of the Dowry Prohibition Act, 1961, so far as it is material to this case, states that dowry means any property or valuable security given or agreed to be given either directly or indirectly by one party to a marriage to the other party to the marriage at or before or at any time after the marriage in connection with the marriage of the said party. Thus, the emphasis is on property or valuable security given ‘at or before’ or ‘at any time after’ the marriage in connection with marriage. The amount or things demanded must, therefore, have a nexus with the marriage. In this case both the brothers i.e. PW-6 Satish Kumar and PW-7 Ashok Kumar, brothers of the deceased, have clearly stated that the accused were unhappy by the quality and quantity of the dowry and the deceased was being taunted and beaten-up for that. The words ‘insufficient and inferior quality of dowry’ are important. They indicate that the transaction of giving dowry was not complete. Sufficient quantity of dowry was not given and that transaction was sought to be completed by asking for Rs.60,000/- after the marriage for the business of the appellant. This demand has a connection with the marriage. Therefore, in our opinion Vipin Jaiswal is not applicable to the present case.

Doling out gyan in Para 25,

25. Before closing, the most commonplace argument must be dealt with. In all cases of bride burning it is submitted that independent witnesses have not been examined. When harassment and cruelty is meted out to a woman within the four walls of the matrimonial home, it is difficult to get independent witnesses to depose about it. Only the inmates of the house and the relatives of the husband, who cause the cruelty, witness it. Their servants, being under their obligation, would never depose against them. Proverbially, neighbours are slippery witnesses. Moreover, witnesses have a tendency to stay away from courts. This is more so with neighbours. In bride burning cases who else will, therefore, depose about the misery of the deceased bride except her parents or her relatives? It is time we accept this reality. We, therefore, reject this submission.

Surinder Singh Vs State of Haryana on 13 November 2013


Citations: [2014 SUPREME 2 553], [2013 JT SC 15 9], [2014 ECRN 1 875], [2014 AIR SC 817], [2013 SCC ONLINE SC 1009], [2014 SLT 3 24], [2013 AIOL 748], [2014 SCJ 1 701], [2014 CRIMES SC 1 355], [2014 CUTLT SUPPL 438], [2014 SCC CRI 4 769], [2014 SCC 4 129], [2013 SCC 10 691], [2014 CRI LJ 561], [2014 DMC SC 1 722], [2014 ALD CRL SC 1 687], [2013 SCALE 13 691], [2014 CCR SC 1 671], [2014 ALT CRI 2 261], [2014 RCR CRIMINAL 1 535], [2014 AIC 133 174], [2014 AIR BOM R CRI 1 208], [2014 ALLCC 84 371], [2014 ALD CRI 1 687], [2013 AIR SC 6741]

Other Source links:

https://indiankanoon.org/doc/10522469/

https://www.casemine.com/judgement/in/5609af2ee4b0149711415bdb


All Dowry related case laws are in this Index here.

Post Views: 615
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision DP Act 4 - Dowry Demand Proved DP Act 4 – Partial Demanded Money Paid In Connection Of Marriage Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Surinder Singh Vs State of Haryana | Leave a comment

M. Sudarshan Goud and Ors Vs The State of AP on 24 April 2020

Posted on July 17, 2020 by ShadesOfKnife

Nice judgment from Telangana High Court which held as follows:

38. As rightly contended by the learned counsel for the appellants that by virtue of amendment vide Act No.63 of 1984 w.e.f. 02.10.1985, the words “in connection with the marriage of the said parties” are added and, therefore, the alleged demand of dowry should be in connection with the marriage of the said parties. Section 4 of the Act, 1961 also deals with “penalty for demanding dowry’. Admittedly, in the present case, there is no demand of dowry in connection with the marriage of the parties viz., deceased and accused No.1.

39. As discussed supra, the entire complaint lodged by PW.1 against the accused is that the accused have demanded additional dowry, more particularly, the dowry, which was given to the second daughter of PW.1 at the time of her marriage in the year 1998 i.e., six years after the marriage of the deceased. Even the said alleged demand of additional dowry at the time of marriage of second daughter of PW.1 is also not proved with cogent evidence.

40. It is relevant to note that the definition of ‘dowry’ under Section 2 of the Act, 1961 mere demand thereof would not be an offence under Section 4 of the Act, 1961. It should either be given or agreed to be given at or before or after the marriage in connection with the marriage. Although in common parlance one very often uses the term “dowry demand” in the cases where the husband or his relations demand valuable security from the parents and other relations of the wife after the marriage, yet this will not amount to demand for dowry under the Act, 1961 in view of the definition of dowry contained in Section 2 of the Act, 1961.

M. Sudarshan Goud and Ors Vs The State of AP on 24 April 2020


Citations: [2

Other Source links:

https://indiankanoon.org/doc/198304502/

dowry demand has to be in relation to marriage

 

Post Views: 599
Posted in High Court of Telangana Judgment or Order or Notification | Tagged DP Act 2 - Definition of Dowry DP Act 4 - Dowry be given or agreed to be given DP Act 4 - Dowry Demand Not Proved M. Sudarshan Goud and Ors Vs The State of AP | Leave a comment

Sanapareddy Maheedhar and Anr Vs State of Andhra Pradesh and Anr on 13 December 2007

Posted on July 17, 2020 by ShadesOfKnife

Supreme Court has held that when proceeding against parents were quashed on the ground that Magistrate had taken cognizance after three years, husband also gets same benefit.

Although, the learned Single Judge of High Court dealt with various points raised by the appellants and negatived the same by recording the detailed order, his attention does not appear to have been drawn to the order dated 24.10.2006 passed by the co-ordinate bench in Criminal Petition No.1302/2003 whereby the proceedings of CC No.240/2002 were quashed qua the parents of the appellants on the ground that the learned Magistrate could not have taken cognizance after three years. Respondent No.2 is not shown to have challenged the order passed in Criminal Petition No.1302/2003. Therefore, that order will be deemed to have become final. We are sure that if attention of the learned Single Judge, who decided Criminal Petition No.4152/2006 had been drawn to the order passed by another learned Single Judge in Criminal Petition No.1302/2003, he may have, by taking note of the fact that the learned Magistrate did not pass an order for condonation of delay or extension of the period of limitation in terms of Section 473 Cr.P.C., quashed the proceedings of CC No.240/2002.

 

Sanapareddy Maheedhar and Anr Vs State of Andhra Pradesh and Anr on 13 December 2007


Citations: [2007 AIOL 1286], [2007 SCALE 14 321], [2007 SCC 13 165], [2008 CRLJ SC 1375], [2007 SCR 13 478], [2009 SCC CRI 1 170], [2008 AIR SC 787], [2008 AIC SC 61 102], [2008 CRILJ 1375]

Other Source links:

https://indiankanoon.org/doc/1494950/

https://www.casemine.com/judgement/in/5609ae45e4b01497114135cd


Earlier judgment of AP High Court is available here.

Post Views: 552
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 468 - Bar to taking cognizance after lapse of the period of limitation CrPC 482 - Quash CrPC 482 - Quashed Due To Time Barred Cognizance CrPC 482 – Criminal Proceeding Quashed Landmark Case Sanapareddy Maheedhar and Anr Vs State of Andhra Pradesh and Anr | Leave a comment

CrPC 175 – Power to summon persons

Posted on July 17, 2020 by ShadesOfKnife

(1) A police officer proceeding under section 174 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
(2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police officer to attend a Magistrate’s Court.

Post Views: 368
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 175 - Power to Summon Persons | Leave a comment

Anvar P.V Vs P.K.Basheer and Ors on 18 September 2014

Posted on July 16, 2020 by ShadesOfKnife

A 3-judge bench laid down the law to be followed in respect of electronic evidence as a secondary evidence.

Sec 65B of Evidence Act is a complete code in itself.

19. Proof of electronic record is a special provision introduced by the IT Act amending various provisions under the Evidence Act. The very caption of Section 65A of the Evidence Act, read with Sections 59 and 65B is sufficient to hold that the special provisions on evidence relating to electronic record
shall be governed by the procedure prescribed under Section 65B of the Evidence Act. That is a complete code in itself. Being a special law, the general law under Sections 63 and 65 has to yield.

Special Law Prevails over General Law

22. The evidence relating to electronic record, as noted herein before, being a special provision, the general law on secondary evidence under Section 63 read with Section 65 of the Evidence Act shall yield to the same. Generalia specialibus non derogant, special law will always prevail over the general law. It appears, the court omitted to take note of Sections 59 and 65A dealing with the admissibility of electronic record. Sections 63 and 65 have no application in the case of secondary evidence by way of electronic record; the same is wholly governed by Sections 65A and 65B. To that extent, the statement of law on admissibility of secondary evidence pertaining to electronic record, as stated by this court in Navjot Sandhu case (supra), does not lay down the correct legal position. It requires to be overruled and we do so. An electronic record by way of secondary evidence shall not be admitted in evidence unless the requirements under Section 65B are satisfied. Thus, in the case of CD, VCD, chip, etc., the same shall be accompanied by the certificate in terms of Section 65B obtained at the time of taking the document, without which, the secondary evidence pertaining to that electronic record, is inadmissible.

Key Paragraph

24. The situation would have been different had the appellant adduced primary evidence, by making available in evidence, the CDs used for announcement and songs. Had those CDs used for objectionable songs or announcements been duly got seized through the police or Election Commission and had the same been used as primary evidence, the High Court could have played the same in court to see whether the allegations were true. That is not the situation in this case. The speeches, songs and announcements were recorded using other instruments and by feeding them into a computer, CDs were made therefrom which were produced in court, without due certification. Those CDs cannot be admitted in evidence since the mandatory requirements of Section 65B of the Evidence Act are not satisfied. It is clarified that notwithstanding what we have stated herein in the preceding paragraphs on the secondary evidence on electronic record with reference to Section 59, 65A and 65B of the Evidence Act, if an electronic record as such is used as primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence, without compliance of the conditions in Section 65B of the Evidence Act.

 


Citations: [2015 MHLJ SC 2 135], [2015 RD 129 112], [2014 GUJ LH 3 305], [2014 KERLT 4 104], [2015 SUPREME 3 453], [2015 AIR SC 180], [2014 JT 10 459], [2015 SCC L&S 1 108], [2015 AWC SC 1 156], [2015 SCC CRI 1 24], [2015 ALR 111 811], [2014 SCC 10 473], [2015 JCC SC 1 214], [2014 SCC ONLINE SC 732], [2014 AIOL 574], [2014 SLT 8 223], [2015 MPLJ SC 1 507], [2015 SCC CIV 1 27], [2015 KARLJ 1 547], [2014 SCALE 10 660], [2015 ALT CRI 3 161]

Other Source links:

https://indiankanoon.org/doc/187283766/

https://www.casemine.com/judgement/in/5609af58e4b01497114161f4

 

Post Views: 557
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Anvar P.V Vs P.K.Basheer and Ors Arjun Panditrao Khotkar Vs Kailash Kushanrao Gorantyal Catena of Landmark Judgments Referred/Cited to Evidence Act 65B - Admissibility of electronic records Justice Rohinton Fali Nariman Landmark Case Legal Procedure Explained - Interpretation of Statutes | Leave a comment

NCRB does not collect Info on Dowry Givers

Posted on July 14, 2020 by ShadesOfKnife

Here is the Response I got from NCRB stating that ‘Information on persons arrested for crime of giving dowry is not collected by NCRB‘

NCRB does not collect Info on Dowry Givers

Post Views: 119
Posted in RTI Application | Tagged Dowry Prohibition Act 1961 DP Act 3 - Giving Abeting to Give Taking Abeting to Take are offences NCRB does not collect Info on Dowry Givers PIL - Dowry Givers should be Prosecuted | Leave a comment

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Every evening, while most people head home, Gautam Yadav begins his mission of kindness.

For the last 7 years, this daily wage worker from Berunda has been collecting leftover rotis from households and feeding nearly 300 stray animals every day. Despite facing financial

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alongimna Temjen Imna Along @alongimna ·
18 Jun

Ye hai Northeast meri jaan 🩵

Thank you, Lieutenant General Vikas Lakhera Ji, for reminding the nation that there is much to learn from the honesty, discipline, culture, and community spirit of the Northeastern states.

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kadirodu_offl 🔱🐎 సుజత్ 🕉️☪️✝️ @kadirodu_offl ·
18 Jun

బాగ సంపాదించి అమ్మ నాన్న ని గొప్పగా చూసుకోవాలని కలలు కనే ప్రతి కొడుక్కి చివర్లో ఒక విషయం తెలుస్తుంది ..

అదే 👇 ఇది !!

ఈ విషయం తెలిసాక వాడి మనసు ఎంత ఆవేదన పడుతుందో అనుభవించిన వాడికే అర్థం అవుతుంది !!

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