Category: Supreme Court
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Whether prosecution can be quashed for the lack of certificate under Section 65B(4) of the Indian Evidence Act?
The Supreme Court of India in State By Karnataka Lokayukta Police Station, Bengaluru v. M.R. Hiremath 2019 SCC OnLine SC 734 (Criminal Appeal No. 819 of 2019) decided on May 1, 2019 clarified that Certificate under Section 65B(4) of the Indian Evidence Act cannot be seen as a prerequisite at the time of the charge…
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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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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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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…
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Can a person who caused a forged document to be made charged with forgery?
Charge of forgery cannot be made on a person who is not the maker of the false document.
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Arvind Tiwary vs. State of Bihar
Decision of the Hon’ble Supreme Court of India in Arvind Tiwary vs. State of Bihar (Criminal Appeal no. 998 OF 2018) dated 13th August 2018. Decision of the Hon’ble Supreme Court of India in Arvind Tiwary vs. State of Bihar (Criminal Appeal no. 998 OF 2018) dated 13th August 2018 decided by bench consisting of J.…
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Illicit relationship sufficient to abet suicide of the spouse
SC affirmed the conviction decision of the HC and refused to show reduce the sentence. In the absence of direct evidence of abetment to have caused the suicide of the wife, whether the conduct of the husband to have continued an illicit relationship is sufficient to convict him under Section 498A and 306 IPC? The…
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Absence of Second Ligature Mark rules out strangulation
The Supreme Court on 14th August 2018 in the case of State of Karnataka vs. Srinivasa came out with a short decision refusing to interfere with the decision of the High Court acquitting the accused person in a charge of 302. Simple Facts A1 was alleged to be in a relationship with A2. A1 was…