Blogs

RELEVANT CASE LAWS 1. Lalita Kumari v. Govt. of U.P- In this case, the court held that filing of FIR is necessary if the information of a cognizable offence has been given. No preliminary investigation before the filing of FIR is to be done. 2. Bathula Nagamalleswara Rao & Ors. v. State Rep. By Public Prosecutor- The delay in filing the FIR is justifiable only if there exist reasonable grounds on which it was delayed. At the same ti... Read More

ANALYSIS OF SECTION 130  As already mentioned, this section is not limited to public servants and applies to every citizen of the country. The word ‘knowingly’ in this section caters to the requirements of mens rea which is important while invoking this section. Mens rea refers to the intention of committing a crime. Hence, the prosecution has to prove beyond reasonable doubt that intention was present when the accused helped the st... Read More

SECTION 156(3) At the outset, this section provides ways in which a victim can file a complaint when the police officer is not ready to file the complaint under section 154 of CrPC. Section 154 deals with information in cognizable cases and the filing of the FIR. If the police officer is of the view that the offence is not cognizable in nature and no case is made out prima facie, the aggrieved party can approach the Superintendent of Police ... Read More

INTRODUCTION Section 144 CrPC empowers the magistrate to prohibit a gathering of people which extends to more than four people. Such wide powers are given to the magistrates to deal with situations of emergency. This section, in a way, empowers the magistrate to curb the liberty of people where it has become necessary because not doing so will lead to disruption and nuisance. However, this curbing of liberty is subject to some grounds which ... Read More

OBJECT OF SECTION 313  As already mentioned, listening to both parties in a case is fundamental to the delivery of justice. Justice can never be delivered by hearing one party only. The accused should be considered an equal in the eyes of law and hence should be given a chance to speak what he has in his mind regarding the evidence brought to the court against him. This object of law is enshrined under Article 313. Even though the accus... Read More

COGNIZANCE IS TAKEN OF THE OFFENCE AND NOT THE OFFENDER  It is amply clear that section 190 empowers a magistrate to take cognizance of the offence and section 204 then talks about the further procedure once the magistrate is satisfied that a case is made out. Section 204 CrPC comes into force once the magistrate has taken cognizance. In the case of Sonu Gupta v. Deepak Gupta, the court held that it has to be made sure that the cognizance of th... Read More

PURPOSE BEHIND GIVING SUCH POWER UNDER SECTION 319 The court has been given this power because there are situations sometimes when the real accused is rescued from the Indian penal code. A person who is rescued is either due to the help of the police by giving a bribe or by insufficiency of evidence. In such cases, it is imperative that the court comes into the picture and acts as a layer of efficiency while delivering justice. It is the dut... Read More

IMPORTANT FACTORS OF SECTION 195 Under section 190, it was specified that a magistrate can take cognizance of a matter in 3 ways namely- via a private complaint, via a police report, via a Suo moto action of the magistrate himself. Now when talking about section 195, before a magistrate can take cognizance of any offence, he has to make sure that the taking of cognizance by the magistrate of that particular offence is not barred under sectio... Read More

POINTS TO REMEMBER  • This section only applies when the inquiry is still continuing and has not concluded. • This section enables the court to grant interim custody of the property. • Section 451 does not lay down what all can the court do with the property during the pendency of the trial but just gives the power to the court to do something with the property pending the trial. • This section is discretionary in nature. The court c... Read More

SOME IMPORTANT ASPECTS OF THE SECTION  Under section 311, the court can summon more witnesses even after the prosecution case has concluded if it thinks that new evidence or further cross-questioning of the witnesses is required. This was laid down in the case of Amrinder Singh vs Prakash Singh BadaIf the counsel for either the prosecution or defence is found to be incompetent or ill or has changed, the witnesses called by such counsels... Read More

TABLE 1: Offence IPC Section Compoundable By Uttering words, etc., with deliberate intent to wound the religious feelings of any person. 298The person whose religious feelings are intended to be wounded. Voluntarily causing hurt. 323The person to whom the hurt is caused. Voluntarily causing hurt on provocation. 334Ditto. Voluntarily causing grievous hurt on grave and sudden provocation. 335The person to whom the hurt is caused. Wrong... Read More

SALIENT FEATURES OF SECTION 102 •  According to this section, if the police officer who is seizing the property is of a rank below than the police officer who is in charge of the police station, then that police officer who is a rank below has to inform and submit a report of seizure to the inspector in charge of the police station. In other words, any police officer, other than the inspector in charge of the police station, has seize... Read More

Any famous judgment w.r.t CrPC 482 if any?State of Andhra Pradesh v. Gourishetty Mahesh: The appeal that was filed under this case by the State of Andhra Pradesh totally against the prior judgment which was passed by the High Court of Andhra Pradesh, which happened in Hyderabad, wherein the High Court went on to allow the petition filed by the other respondents. To exercise the jurisdiction under which is mentioned under Section 482 of the Code. ... Read More

Types of confession: Inculpatory and exculpatory confessions: An inculpatory confession is one that admits to doing something wrong or admits that the accused is guilty. Also known as exculpatory confession, it is a confession that clears the accused of any wrongdoing.Confessions can take many different forms. They can be made to the court, which is known as judicial confession, or to anyone outside the court, which is known as extrajudicial con... Read More

Reason for requirement of anticipatory bail: When an individual has a reasonable fear of it being arrested for offence which is non - bailable, they can seek “anticipatory bail” from the High Court or the Court of Sessions, as stated in Section 438 of the Code. Consider Mr. A's marriage to Ms. W. Following their marriage, their relationship became rocky. Ms. W then filed the complaint against him under Section 489(A) of the Crpc 1973. He peti... Read More

Any famous judgment w.r.t CrPC 107 if any?Krishnamurthy vs The Sub Divisional Magistrate: In this case the circumstances in particular that were taken and presented under the Division Bench and also came to be constituted to deciding the issues that were rising with this particular reference and primarily required to be recapitulated and for that very purpose it is necessary to briefly state all the facts of the case. /* Define the style... Read More

Mohd. Ahmed Khan v. Shah Bano Begum, 1985 (2) SCC 556: In this case, it is declared that a Muslim husband with sufficient means must provide maintenance to his divorced wife who is not able to maintain herself. Such a wife is entitled to get the maintenance even if she refuses to live with the Muslim husband because he has contracted another marriage within the limits of four wives allowed to him by the Quran.The Supreme Court Bench held that a M... Read More