Section 313 (1) (b) of CrPC obligates a trial court, after the prosecution evidence is complete, to question the accused “generally on the case…for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him”. The product of this exercise is generally referred to as ‘Section 313 Statement’, the […]
These two concepts are often misunderstood and confused. Cancellation of bail is where the prosecution (or the victim) moves the Court to get the bail (already granted!) cancelled due to a post-bail circumstance or violation of conditions after the grant of bail. This is done in cases where the Bail order was originally proper/tenable but the accused, […]
Visualise an examination in chief like building a wall (made up of the bricks of relevant facts and facts in issue). Imagine cross examination as trying to punch holes in that wall by incisive questioning and exposing falsehood, inconsistent statements, impeaching the credibility and veracity of the witness, culling out admissions, etc. etc. We all […]
After completion of investigation in a criminal case, the police has to forward report to the Court u/s 173(2) of the CrPC. Upon receipt of this police report, the Court may; Refuse to take cognizance (and close the case); or Direct further investigation u/s 156 and/or 173(8) CrPC; or Take cognizance u/s 190 1(b) CrPC […]
Guest post by Ms. Shrinkhla Jain, Assistant Manager-Legal, CJ Darcl Logistics Limited X goes to the police station to get an F.I.R lodged against her employee Y for Criminal Breach of Trust. The Station house Officer does not take any action. What are the remedies available with X? Should she directly approach High Court Under Section […]
“Justice must not only be done, but must also be seen to be done.” And, it would seen to be done only if there is proper marshalling & appreciation of evidences, which is the backbone of any Judgement or Order. Though having pivotal importance, interestingly, these two terms have nowhere been defined in any statute. Marshalling […]
High Courts and the Supreme Court have the power to direct the police ‘not to take any coercive steps against the accused’. Such power may be traceable to S.482 CrPC and/or Articles 32/226 of the Constitution of India. Having said that, it is settled law that such a direction should not be passed casually and […]
Contrary to popular misconception – that only a Court can grant bail in a non-bailable offence – the reality is that : The Police can also grant bail in non-bailable offences. A perusal of Section 437, Sub-sections (2) and (4), CrPC reveals that the architects of CrPC, in fact, vested a police officer with the […]
The general principle is that if a cognizable offence has taken place (and forgery is a cognizable offence!) any person can get an FIR registered. This should hold true for forgery and filing of forged documents in court too, right? Well, the answer is Yes. But this issue wasn’t settled for a very long time. The confusion […]
This is a guest post by the brilliant law interns Hamna, Ananya, Sakshi and Satyam who interned with the Chambers a few months back. One of the most illuminating columns I’ve read on the subject. [1] Bail law in India is all about judicial discretion. There have been various criticisms, from various quarters, of discretion […]
Bharat Chugh 