Search Results for Tag : Criminal Procedure
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Allahabad HC: Non-Reporting of Seizure U/S 102 (3) CrPC Doesn't Make Such Seizure Illegal(26.04.2022)
Allahabad High Court has ruled that non-reporting of the seizure forthwith, under Section 102(3) of the Code of Criminal Procedure, 1973 shall not ips.....
Tags : Allahabad High Court, Section 102(3), Code Of Criminal Procedure, 1973, ipso facto, seizure
Orissa HC: Remand Date to be Excluded From Calculation of Statutory Period for Granting Default Bail(26.04.2022)
Orissa High Court has reiterated that while calculating the statutory period for granting default bail under Section 167(2) of the Code of Criminal Pr.....
Tags : Orissa High Court, statutory period, default bail, Section 167(2), Code of Criminal Procedure, 1973, res integra
Orissa HC: Remand Date to be Excluded From Calculation of Statutory Period for Granting Default Bail(26.04.2022)
Orissa High Court has reiterated that while calculating the statutory period for granting default bail under Section 167(2) of the Code of Criminal Pr.....
Tags : Orissa High Court, statutory period, default bail, Section 167(2), Code of Criminal Procedure, 1973, res integra
Allahabad HC: Maintenance U/S 125 CrPC Can be Granted if Restitution of Conjugal Rights is Passed(27.04.2022)
Allahabad High Court has held that there is no bar under Section 125 of the Code of Criminal Procedure, 1973 to grant maintenance to a wife, even agai.....
Tags : Allahabad High Court, Section 125, Code of Criminal Procedure, 1973, conjugal rights
Delhi HC: Husband Having Sufficient Means Obligated to Maintain Wife & Children(27.04.2022)
Delhi High Court has observed that under section 125 of Code of Criminal Procedure, 1973 entails that if the husband has adequate means, he is duty-bo.....
Tags : Delhi High Court, section 125, Code of Criminal Procedure, 1973
Rajasthan HC: Criminal Revision Petition Maintainable Against Order of Interim Maintenance(28.04.2022)
Rajasthan High Court has ruled that an order of interim maintenance under Section 125 of the Code of Criminal Procedure, 1973 by any Family Court or M.....
Tags : Rajasthan High Court, interim maintenance, Section 125, Code of Criminal Procedure, 1973
CRIMINAL - Mere Disclosure of Names by Witnesses During Trial Not Enough to Add Person as Additional Accused: SC(14.03.2019)
Supreme Court has observed that mere disclosure of names of some persons by witnesses during trial cannot be said to be strong and cogent evidence to .....
Tags : Supreme Court, Section 319 of the Criminal Procedure Code, Witness
CRIMINAL - Mere Disclosure of Names by Witness During Trial Not Enough to Add Person as Additional Accused: SC(14.03.2019)
Supreme Court has observed that mere disclosure of names of some persons by witnesses during trial cannot be said to be strong and cogent evidence to .....
Tags : Supreme Court, Section 319 of the Criminal Procedure Code, Witness
SC: Power u/s 482 CrPC Cannot be Exercised Where Allegations Required to be Proved in Court of Law(03.02.2020)
Supreme Court has held that power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised where the allegations are required to .....
Tags : Supreme Court, Power under Section 482, Criminal Procedure Code, 1973
Gujarat HC: Giving Probe Papers to Complainant Before Chargesheet is filed Is 'Prima Facie Dangerous'(11.08.2025)
Gujarat HC, while directing SP to take action against IO, who gave investigation papers to complainant, has held that sharing investigation papers wit.....
Tags : Gujarat High Court, Investigation Papers, IO Misconduct, Criminal Procedure, Anticipatory Bail
Kerala HC Imposes Rs. 1 Lakh Cost for Filing Two Appeals Leading to Conflicting Verdicts(11.08.2025)
Kerala HC, while setting aside the acquittal of an accused, has imposed Rs. 1 lakh fine for filing two appeals in same case, one confirming conviction.....
Tags : Kerala High Court, Multiple Appeals, Criminal Procedure, Abuse of Process, Conflicting Judgments
SC Summarises Law on Appeals Against Grant of Bail; Sets Aside Bail of Olympian Sushil Kumar(18.08.2025)
SC has held that appeal against bail is distinct from bail cancellation. Bail can be overturned for illegality or non-consideration of key factors but.....
Tags : Supreme Court, Bail, Appeal, Cancellation, Criminal Procedure, Sushil Kumar
MP High Court: No ‘Roving Inquiry’ While Exercising Jurisdiction U/s 482 CrPC(14.03.2017)
Madhya Pradesh High Court has held that while exercising jurisdiction of section 482 of Criminal Procedure Code, Courts cannot indulge in a “roving in.....
Tags : Madhya Pradesh High Court, roving inquiry, Criminal Procedure Code
Karnataka HC: Anticipatory Bail Plea Not Maintainable Once Accused Enters Appearance(28.01.2022)
Karnataka High Court has observed that once an accused has appeared before the court, either personally or through his counsel, he cannot seek anticip.....
Tags : Karnataka High Court, Section 438 Criminal Procedure Code
CRIMINAL - SC: Stronger Evidence than Mere Chances of Complicity Required for Adding Additional Accused(19.03.2019)
Supreme Court has observed that to add a person as additional accused under Section 319 of the Code of Criminal Procedure, stronger evidence is requir.....
Tags : Supreme court, Code of Criminal Procedure, Section 319
NARCOTICS - Calcutta HC: NDPS Court Not Exercising Magisterial Powers While Remanding Accused at Post-Cognizance(26.03.2019)
Calcutta High Court has dismissed habeas corpus petition holding that Special Court under Narcotic Drugs and Psychotropic Substances Act (NDPS) is not.....
Tags : Calcutta High Court, Section 309 of Code of Criminal Procedure
CRIMINAL - Magistrate Can't Release Seized Vehicle, Once Confiscation Proceedings Under Forest Act Initiated:SC(27.03.2019)
Supreme Court has held that a Magistrate has no jurisdiction under Section 451 of the Criminal Procedure to release a seized vehicle, once the Authori.....
Tags : Supreme Court, Section 451 of the Criminal Procedure, Forest Act
SC: HC Doesn’t Have Power to Direct Investigation to be Conducted in Particular Manner(14.12.2022)
Supreme Court has held that High Court does not have power under Articles 226 of Constitution of India or Section 482 of Code of Criminal Procedure to.....
Tags : Supreme Court, Investigation, Code of Criminal Procedure
Criminal Procedure Code (Uttar Pradesh Amendment) Bill, 2018 Re-introduced in Uttar Pradesh(13.06.2019)
Uttar Pradesh Government has re-introduced the provision of anticipatory bail after almost 43 years. This has paved the way for the Accused to get adv.....
Tags : Criminal Procedure Code (Uttar Pradesh Amendment) Bill, 2018, Uttar Pradesh
Bombay HC: Civil Court Has Power to Summon Witness While Conducting Inquiry Under CrPC(03.05.2017)
Bombay High Court has ruled that a Civil Court has power to call a witness under Section 311 of Code of Criminal Procedure while conducting an inquiry.....
Tags : Bombay High Court, Civil Court, Code of Criminal Procedure
Allahabad HC: Magistrate Has Obligation To Ensure Fair Probe After Passing Order U/S 156 (3) CrPC(08.03.2022)
Allahabad High Court has held that the Magistrate cannot wash his hands of the case after passing an order under Section 156 (3) Cr.P.C and that it is.....
Tags : Allahabad High Court, Section 156(3), Criminal Procedure Code, 1973, Monitoring Investigation
SC: Court Can Exempt Accused from Personal Appearance Before Grant of Bail(03.05.2024)
Supreme Court has observed that power to grant exemption from personal appearance under the Code of Criminal Procedure should not be read in a restric.....
Tags : Supreme Court, Bail, Code of Criminal Procedure
Central Government Introduces Bill to Collect Biometrics of Prisoners(29.03.2022)
Central government has introduced the Criminal Procedure (Identification) Bill, 2022. The bill proposes to repeal Identification of Prisoner Act, 1920.....
Tags : Central Government, Criminal Procedure (Identification) Bill, 2022
Lok Sabha Passes Criminal Procedure (Identification) Bill for Collection of Prisoners' Biometrics(05.04.2022)
Lok Sabha has passed the Criminal Procedure (Identification) Bill, 2022 which enables investigating officers to collect the biometric details of priso.....
Tags : Lok Sabha, Criminal Procedure (Identification) Bill, 2022
Allahabad HC: Divorced, Unmarried Muslim Woman Can Claim Maintenance u/s 125 CrPC(18.04.2022)
Allahabad High Court has held that a divorced Muslim woman shall be entitled to claim maintenance from her husband under Section 125 of the Code of Cr.....
Tags : Allahabad High Court, Section 125 of the Code of Criminal Procedure, 1973, iddat
JKL HC: Convicted Accused Who Can't Understand Proceedings Can Be Referred To HC u/s 341 J&K CrPC(19.04.2022)
Jammu and Kashmir and Ladakh High Court has held that the case of an accused who’s convicted, although not insane, but who can’t be made to comprehend.....
Tags : Jammu and Kashmir and Ladakh High Court, section 341 of Jammu and Kashmir Code of Criminal Procedure, 1973, High Court
JKL HC: Convicted Accused Who Can't Understand Proceedings Can Be Referred To HC u/s 341 J&K CrPC(19.04.2022)
Jammu and Kashmir and Ladakh High Court has held that the case of an accused who’s convicted, although not insane, but who can’t be made to comprehend.....
Tags : Jammu and Kashmir and Ladakh High Court, section 341 of Jammu and Kashmir Code of Criminal Procedure, 1973, High Court
Karnataka HC: Period Must be Counted for Default Bail U/S 167(2) CrPC if Liberty of Accused Lost(28.04.2022)
Karnataka High Court has reiterated that even when the accused is protected on body warrant, the liberty of the said accused is lost and that period w.....
Tags : Karnataka High Court, Section 167(2), Code of Criminal Procedure, 1973, statutory bail
Allahabad HC: Provision Of De Novo Trial Is Mandatory For Any Accused Summoned U/S 319 CrPC(28.04.2022)
Allahabad High Court has observed that the provision of de novo trial is compulsory for the accused summoned under Section 319 of the Code of Criminal.....
Tags : Allahabad High Court, de novo trial, Section 319, Code of Criminal Procedure, 1973
AP HC: Criminal Proceedings Can't be Quashed if Specific Accusations Made Against Accused U/S 482(28.04.2022)
Andhra Pradesh High Court has reiterated that when there are definite accusations in the First Information Report, charge sheet and witness statement .....
Tags : Andhra Pradesh High Court, First Information Report, Code of Criminal Procedure, 1973, Section 482
Gujarat HC: Bar on Cognizance U/S 195(1)(b)(ii) CrPC Not Attracted When Forgery Took Place(02.05.2022)
Gujarat High Court has ruled that the bar of Section 195(1)(b)(ii) of the Code of Criminal Procedure, 1973 would be attracted only when the offences p.....
Tags : Gujarat High Court, Section 195(1)(b)(ii), Code of Criminal Procedure, 1973
SC: Period Undergone By a Convict While In Detention as Under Trial Could Be Set Off(09.11.2017)
Supreme Court has held that period already undergone by a convict while he was in detention, as under-trial and as convict, could be treated as jail s.....
Tags : Supreme Court, Code of Criminal Procedure
Allahabad HC: Proceedings U/S 145 CrPC Has to be Discontinued if Suit for Possession is Pending(04.05.2022)
Allahabad High Court has observed that where a civil suit for possession or declaration of the title with regard to the same property is pending, the .....
Tags : Allahabad High Court, Section 145, Code of Criminal Procedure, 1973, Possession
Punjab And Haryana High Court: Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated(05.05.2022)
Punjab and Haryana High Court has observed that husband is legally and morally responsible; wife cannot be denied maintenance on the grounds of being .....
Tags : Punjab and Haryana High Court, Maintenance for Wife, Section 125 Criminal Procedure Code
Kerala HC: Wife Can Claim Maintenance U/S 125 Crpc Until She Obtains Benefit Under Muslim Law(13.05.2022)
Kerala HC has restated that a divorced Muslim woman can seek maintenance under Section 125 of Code of Criminal Procedure, 1973 (CrPC), until she obtai.....
Tags : Kerala High Court, Muslim, Code of Criminal Procedure, 1973, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 125
Calcutta HC: Accused Shall be Given Opportunity to Explain Circumstances Appearing Against Him(17.05.2022)
Calcutta High Court has observed that while examining an accused under Section 313 of the Code of Criminal Procedure, 1973 (CrPC), the prosecution is .....
Tags : Calcutta High Court, Section 313, Code of Criminal Procedure, 1973, prosecution
JKL HC: S.482 CrPC Cannot be Invoked to Challenge Proceedings Initiated U/S 12 J&K DV Act(25.07.2023)
Jammu & Kashmir & Ladakh HC has held that Section 482 of Code of Criminal Procedure (CrPC) cannot be used to challenge the proceedings initiated under.....
Tags : Jammu & Kashmir & Ladakh HC, Code of Criminal Procedure, Jammu and Kashmir Protection of Women From Domestic Violence Act, 2010
Allahabad HC: Absconder/ Proclaimed Offender Not Entitled to Anticipatory Bail(07.04.2022)
Allahabad High Court has refused anticipatory bail to a POCSO accused who raped a minor girl and her mother, holding that if anyone has been declared .....
Tags : Allahabad High Court, anticipatory bail, The Code Of Criminal Procedure, 1973, Section 82
Karnataka HC: Charge sheet Without FSL Report Not Defective u/s 167(2) CrPC(08.04.2022)
Karnataka High Court has observed that an accused charged under Narcotic Drugs and Psychotropic Substances Act, 1985 does not get a right to default b.....
Tags : Karnataka High Court, Narcotic Drugs & Psychotropic Substances Act,1985, Section 167(2) of Code of Criminal Procedure, 1973, Forensic Science Laboratory Division, charge sheet
Delhi HC: Apprehension That Accused May Flee Not Enough for Rejecting Benefit of S.445 CrPC(13.04.2022)
Delhi High Court has observed that a mere apprehension communicated by the prosecution that the accused may flee the course of justice, cannot be the .....
Tags : Delhi High Court, apprehension, Section 445 Code of Criminal Procedure, 1973, prosecution
HP HC: Extension of Parole Can't be Sought from High Court U/S 482 CrPC(24.06.2022)
Himachal Pradesh High Court has held that a convict cannot be granted extension of parole while exercising jurisdiction under Section 482 of Code of C.....
Tags : Himachal Pradesh High Court, Parole, Code of Criminal Procedure