Author: Hari G Ramasubramanian
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Can the Police summon a person/proposed accused without registering an FIR?
The Police cannot issue summons requiring attendance of any person, including proposed accused, before registering FIR.
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Whether an Executive Magistrate can issue direction to Police for registration of FIR?
The interesting question that arose in the case of Naman Singh v. State of U.P., (2019) 2 SCC 344 : (2019) 1 SCC (Cri) 737 : 2018 SCC OnLine SC 2805 at page 345 was whether an Executive Magistrate was empowered under Section 156(3) Cr.P.C. to issue a direction the police for the registration of an FIR.…
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Public Servant within the meaning of Section 197 of Criminal Procedure Code, 1973
Section 197 of the Code of Criminal Procedure, 1973 provides that protection against the prosecution of Judges and Public Servants. The object and purpose underlying section 197 Cr. P.C. to afford protection to public servants against frivolous, vexatious or false prosecution for offences alleged to have been committed by them while acting or purporting to act in…
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The curious case of triple murder
In a very interesting decision in Ashish Jain Versus Makrand Singh and Ors. decided on 14th January 2019, the Supreme Court deals with a host of issues in an appeal against the order of acquittal passed by the High Court of Madhya Pradesh, Jabalpur, Gwalior Bench. The Trial Court found the three accused persons Makrand…
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Burden is on the accused when an inmate of the house is found murdered – SC
In case of murder based on circumstantial evidence, when an inmate of a house is murdered, what is the burden on the accused? The brief facts are that the deceased Meena Devi, her son and her daughter used to live along with her brother in law, Raj Kumar (accused). The accused had returned home on…
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Whether a First Information Report (FIR) be quashed partly?
This interesting question was answered by the Supreme Court in the case of Dineshbhai Chandubhai Patel Vs. State of Gujarat & Ors. by Judgment dated 5th January 2018. The brief facts related to forgery of certain property documents. Three complaints were given by rival parties which culminated into registration of a FIR. The accused persons moved…
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Supreme Court decriminalizes 377 IPC
The Supreme Court of India passed a decision decriminalising Section 377, which criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private. The copy of the decision can be found below.
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Whether suppression of a fact would amount to cheating under Section 420 IPC?
What must be the nature of suppression in order to attract Section 420 of the Indian Penal Code? Whether all suppression of material facts would amount to cheating? In this blog post we discuss one of the oft-quoted decision of the Supreme Court in the case of Hridaya Ranjan Pd. Verma And Ors vs State…
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Mere failure to keep up promise is not cheating – 420 IPC, 415 IPC
A mere failure to keep up promise subsequently cannot be presumed as an act leading to cheating. Supreme Court in Samir Sahay v. State of U.P and Another (2017 SCC OnLine SC 1285)
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SC holds once again distant relatives of husband cannot be accused in 498A IPC
498A Case as against relatives of the husband, maternal uncles of the husband was quashed by the Supreme Court 498A case facts Wife gave a complaint against husband and relatives of the husband, namely his maternal uncles for harassment. She also complained that their son had been kidnapped by the husband to USA. Based on this…