Law You Need

2014 AIR(SC) 1400 : 2014 AIR(SCW) 667 : 2014 All.M.R.(Cri) 801 : 2014 (1) Bom.C.R.(Cri.) 772 : 2014 DGLS(SC) 35 : 2014 (1) JT 412 : 2014 (1) Scale 241 : 2014 (3) SCC 92 : 2014 (1) Supreme 132 Code of Criminal Procedure, 1973, Secs. 193, 200, 201, 202, 319 & 398 - Scope and extent of - Powers of Courts - To arraign any person as accused - During course of inquiry - What is stage at which power under section 319 Code of Criminal Procedure can be exercised? - Whether word "evidence" used in section 319(1) Code of Criminal Procedure has been used in a comprehensive sense and includes evidence collected during investigation or word "evidence" is limited to evidence recorded during trial? - Held, after committal, cognizance of an offence can be taken against a person not named as an accused but against whom materials are available from the papers filed by the police after completion of investigation. Such cognizance can be taken under section 193 Code of Crimi...

JIMMY MADAM VS BOLLY HINDLEY 2005 MAH LR 478 Criminal Procedure Code, 1973, Section 302--Negotiable Instruments Act, 1881, Section 138--Permission to conduct prosecution--Complaint of dishonour of cheque--Death of complainant--Power of attorney of legal heirs of deceased directly permitted to conduct prosecution--High Court upheld trial Courts decision--Maintainability of application of power of attorney--Held, power of attorney can not be allowed to represent the concerned persons in the proceedings without such permission is sought from the Court by the concerned persons--Further  held, power of attorney holder can represent the concerned party, in case permission for such representation is sought from the Court by the concerned person and granted by it--Liberty granted to legal heirs to make application to continue proceeding by themselves or to grant permission to them to authorize the power of attorney holders to continue the prosecution on their behalf.  K VASA...

A formal charge is framed in all warrant cases even if the offence is triaable by the Court of Session or by the Magistrate. For framing the charge, the Judge needs to consider judicially the materials on the record. It is said that the accused is connected to the offence that has alleged to commit and is on the basis of the said materials there is a reasonable probability or chance of the accused being found guilty of the offence alleged. If the answer is in the confirmatory, the Judge has the liberty to presume that the accused has committed an offence which is mentioned in Section 228 of the Code for the purpose of framing charge. If the answer is in negative for want of the sufficient material, the Judge has to discharge the accused as no charge will be framed. Before the Magistrate’s Court for warrant cases when the accused pleads guilty, he will be convicted according to section 241 of Cr.P.C. And if the charge is groundless, accused will be discharged under section 239 o...

Summons Case The summons case as defined by Section 2(w) of the Code of Criminal Procedure , 1973  as : ” ‘summons case’ means a case relating to an offence, and not being a warrant case.” Every offence punishable with imprisonment for a term not exceeding two years would be a summons case. Chapter XX prescribes the procedure for trial of summons-cases by Magistrates. Merely because there is a difference between the procedures to be followed by the Sessions Judge, and the Magistrate in relation to the summons and warrant cases, it does not mean that the character of the offence being a summons case or warrant case would change with reference to the procedure prescribed by the Code for the trial of those cases. The procedure to be followed is one thing and the nature of the offence i.e. summons case or warrant case, is altogether a different thing. Warrant Case Section 2(x) Cr.P.C. defines warrant case as : ” ‘Warrant case’ means a case relating to an offence punisha...

Article 141 of the Constitution unequivocally indicates that the law declared by the Supreme Court shall be binding on all Courts within the territory of India. The aforesaid Article empowers the Supreme Court to declare the law. It is, therefore, an essential function of the Court to interpret a legislation. Ratio Decidendi The statements of the Court on matters other than law like facts may have no binding force as the facts of two cases may not be similar. But what is binding is the ratio of the decision and not any finding of facts. It is the principle found out upon a reading of a judgment as a whole, in the light of the questions before the Court that forms the ratio and not any particular word or sentence. To determine whether a decision has ‘declared law’ it cannot be said to be a law when a point is disposed of on concession and what is binding is the principle underlying a decision. A judgment of the Court has to be read in the context of questions which arose...

Case Law Reference 1. Khatri Vs. State of Bihar, AIR 1981 SC 1068 The Criminal Court holding an inquiry or trial of a case is therefore empowered by sub- section (2) of Section 172 to send for the police diary of the case and the Criminal Court can use such diary, not as evidence in the case, but to aid it in such inquiry or trial. But, by reason of sub-section (3) of Section 172, merely because the case diary is referred to by the criminal Court, neither the accused nor his agents are entitled to call for such diary nor are they entitled to see it. If however the case diary is used by the police officer who has made it to refresh his memory or if the Criminal Court uses it for the purpose of contradicting such police officer in the inquiry or trial, the provisions of Section 161 of the Code or Section 145, as the case may be, of the Indian Evidence Act would apply and the accused would be entitled to see the particular entry in the case diary which has been referred to for...