accused Archives | SCC Times

Suggestions to witness by defence and reply to the same forms part of evidence to determine guilt of accused; SC upholds conviction in murder case

Supreme Court was quick to clarify that if prosecution was unable to prove its case on its own legs, then it won’t be able to derive advantage from the weakness of the defence and the Court would not be able to convict the accused on the strength of the evidence in the form of reply to the suggestions made by the defence counsel to a witness.

Case Briefs High Courts

Whether employees of a company alone can be prosecuted and held liable without arraignment of the company as an accused? J&K and Ladakh High Court answers

The Jammu and Kashmir and Ladakh High Court held that vicarious liability of a company’s directors can be imputed as per the statutory provisions in cases where a company is an offender.

Case Briefs High Courts

Delhi High Court | Statement made under Sec 164 CrPC disclosing commission of rape is sufficient to frame charges under Sec 376 IPC

Delhi High Court: In a case where revision petition was filed against the order passed by the Trial Court by

Case Briefs High Courts

Delhi High Court upholds 12-year imprisonment awarded to father guilty of raping his minor daughter

Delhi High Court: In an appeal challenging the order passed by the Additional Sessions Judge convicting the Father (Appellant) under

Case Briefs Supreme Court

Delay in adopting the Draft Criminal Practice Rules cannot prejudice already recognized rights of an accused, holds SC in a 2: 1 verdict; Justice Bela M. Trivedi dissents

Supreme Court: In a case wherein concern was raised regarding common deficiencies and practices adopted by trial courts during criminal

Case Briefs District Court

[CAA-NRC Protest] Delhi Court denies bail to Saleem Malik due to sufficient incriminating material against him in North-East Delhi Riot case

Karkardooma Court, Delhi: In a bail application moved on behalf of applicant/accused Saleem Malik @ Munna under Section 437 Code

Case Briefs Supreme Court

Preliminary inquiry & opportunity of hearing to would-be accused under Section 340 CrPC: Whether mandatory? Supreme Court answers

“The scenario is that any order or judgment passed by this Court becomes a reportable exercise to create more volumes of reported cases! This thus has a possibility at times of causing some confusion on the legal principles prevalent.”

Case Briefs High Courts

Punjab & Haryana High Court grants bail to Kalyani Singh in Sippy Sidhu’s murder case; CBI lacked thorough investigation

Punjab & Haryana High Court: While allowing the instant bail petition preferred by Kalyani Singh against the FIR dated 13-4-2016 under Sections

Case Briefs High Courts

Tripura High Court | Section 311 CrPC cannot be used to fill up the lacuna but re-examination can be done to meet the ends of justice

Tripura High Court: In a case relating to a revision petition filed by the State, challenging the order of the

Case Briefs District Court

Delhi Court acquits Arvind Kejriwal, Manish Sisodia and Yogender Yadav in a 2013 defamation case filed by former MLA of Shahdara constituency

Quality and relevancy; and not quantity of evidence, is what determines the fate of a case.

Case Briefs High Courts

Madras High Court deprecates the practice of implicating Advocates as accused along with their clients for offences allegedly committed by clients

Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice.

Case Briefs High Courts

Can non-resistance by rape survivors be the ground for acquittal for the accused? Patna High Court decides

Patna High Court: While dealing with a case of rape, A M Badar, J. observed that mere non-offering of physical resistance by

Case Briefs High Courts

Writ under Art 226 maintainable for grant of extension of parole; Himachal Pradesh High Court dismissed petition under S. 482 CrPC

Himachal Pradesh High Court: Vivek Singh Thakur, J. dismissed the petition filed under Sec 482 Criminal Procedure Code (‘CrPC') for

Case Briefs High Courts

Whether mere non-appearance on dates fixed by court sufficient to amount to a ‘reason to believe’ that a person has absconded? Raj HC answers in light of issuing warrant

Rajasthan High Court: Dinesh Mehta, J. allowed the petition and remarked that expeditious disposal of cases is necessary but equally necessary is

Case Briefs Supreme Court

Lakhimpuri Kheri Violence| ‘Allahabad High Court granted bail in a tearing hurry’; Supreme Court cancels Ashish Mishra’s bail

Supreme Court: In a big development in the Lakhimpur Kheri violence, the 3-judge bench of NV Ramana, CJ and Surya Kant and

Case Briefs District Court

Presumption and Rebuttal under NI Act: Read Court’s verdict discussing onus of proof and nature of defence where “payment stopped by drawer”

Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru: Vani A. Shetty, XVII Additional Judge, Court of Small Causes & ACMM, addressed a

Case Briefs Supreme Court

‘Furlough not a legal right’: Supreme Court explains difference between Parole and furlough

“Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough.”

Op Eds OP. ED.

Voice Samples in Criminal Investigations and Legal/Constitutional Issues that Remain

by Bharat Chugh†
Cite as: 2021 SCC OnLine Blog Exp 80

Case Briefs Supreme Court

Idiosyncrasies of colloquial terms, used for naming accused, could well be the difference between his conviction and acquittal: Supreme Court

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ. took the liberty of disagreeing with one of the

Case Briefs High Courts

Right to be Forgotten | Madras HC decides whether redacting names of acquitted persons from court record is possible

Madras High Court: N. Anand Venkatesh, J., remarked that, There is no doubt with regard to the fact that the moment Judge