In the last few months, we have seen a major crackdown on Benami properties and their owners by the Government. Specialised Anti-Benami units have been set up by the Income Tax department across the country […]
Category: Criminal Justice System
Issues relating to Electronic Evidence – Admissibility, Section 65B certificate and other frequently asked questions.
Issues relating to Electronic Evidence What is an Electronic Record ? Types of Electronic Records. Is an Electronic Record a ‘document’ ? Is a ’Hard Drive’ a document ? Admissibility of Hard Disk Proof of […]
Role of a Magistrate in a Criminal Investigation
Authored by Bharat Chugh[1] INTRODUCTION A young bank official named Joseph is arrested by two policemen one fine morning, without even being informed why. Joseph is outraged. Till his death, Joseph does not get to know […]
Supreme Court on Possession of fruits of crime in murder case
A decision on inference arising from possession of fruits of crime – soon after the occurence, in absence of reasonable explanation may lead to inference of complicity, also a preposition on Life Sentence means incarceration […]
Tukaram v. State of Maharashtra 1979 SC
Largely hailed as a rare example of judicial insensitivity to a rape victim/gender outrage – the judgment paved path for various amendments in rape related laws – especially those catering to situations on dominance where […]
The difference between Consent & Submission in cases of Rape
Punjab-Haryana High Court Rao Harnarain Singh Sheoji Singh … vs The State on 12 August, 1957 Equivalent citations: AIR 1958 P H 123, 1958 CriLJ 563 Author: T Chand Bench: T Chand ORDER Tek Chand, […]
For 420 in cheque bounce cases – dishonest intention at time of giving cheque necessary
This decision basically states that merely because cheque gets dishonoured – won’t automatically give rise to liability u/s 420 for cheating – the prosecution/complainant has to prove that at the time of giving of cheque […]
Scope of Scrutiny at the stage of discharge …Supreme Court
This Judgment highlights the scope of scrutiny at the stage of discharge. Supreme Court of India R.S. Mishra vs State Of Orissa & Ors. on 1 February, 2011 Bench: J.M. Panchal, H.L. Gokhale HELD:1.1. The […]
Causing Death of Tresspasser by Rash & Negligent Act
Supreme Court of India Cherubin Gregory vs The State Of Bihar on 31 July, 1963 Equivalent citations: 1964 AIR 205, 1964 SCR (4) 199 Bench: Ayyangar, N Rajagopala PETITIONER: CHERUBIN GREGORY Vs. RESPONDENT: THE STATE […]
Supreme Court on S.106 Burden of Proof as to facts especially within knowledge.
Comment : In this case the Court was faced with a situation where a railway employee was arraigned u/s 420 IPC for having cheated railway by making it give money as T.A (Travel Allowance) when indeed […]