The learned Trial Court also considered the statement of the Accused Under Section 313 of Code of Criminal Procedure which needless to state provides an opportunity to the Accused to explain his stand qua the accusations made against him. In
Law Web
Law Web publishes detailed revision guides and notes primarily aimed at LLM students, covering a variety of legal topics including public utility laws, juvenile delinquency and justice systems, human rights issues such as torture and discrimination, and international conventions like CEDAW. The blog also addresses key Supreme Court rulings and recommendations from human rights organizations relevant to Indian law. Its content focuses on foundational legal concepts, statutory frameworks, case law summaries, and policy critiques, providing concise, exam-oriented material for advanced legal studies.
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Supreme Court: Whether failure to prove motive in the case based on circumstantial evidence is fatal to prosecution case?
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It is trite law in the cases of circumstantial evidence when the chain of circumstances have been adequately proved to link to the culpability of the Accused, motive is irrelevant this principle is further echoed in the case of Mulakh …
Supreme Court: Mere recovery of currency notes from accused cannot constitute incriminating evidence in absence of corroborative evidence
By Law Web
I. RECOVERY OF CURRENCY NOTES29. At the outset, we may take note of the fact that there is a grave discrepancy regarding the exact amount of currency notes recovered by the Investigating Officer (PW.22) purportedly in furtherance of the disclosure…
Supreme Court: Under which circumstances DNA/ FSL Report becomes unreliable?
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II. RECOVERY OF BLOOD-STAINED SHIRT34. The second incriminating article recovered at the instance of the Appellant-Pooranmal was the blood-stained shirt which upon being analysed at the FSL purportedly gave a positive test for the presence of the same blood …
Supreme Court: Confession Without Corroboration Cannot Be Basis For Conviction
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The confession allegedly made by the Appellants is of no use in bringing home a conviction, especially when there was no corroboration available, of the statements made, from other valid evidence. There was thus no single circumstance available, incriminating the …
Supreme Court: What are parameters for grant of bail in the cases of dowry death?
By Law Web
The impugned order has led to travesty of justice. It was expected of the High Court to consider the bail application keeping in mind:-(i) The nature of the alleged crime;(ii) The punishment provided by the BNS 2023 for …
Supreme Court: Accused in a private complaint case need not apply for anticipatory bail, unless a non-bailable warrant is issued by trial court
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Anticipatory bail — Maintainability of in private complaint cases – Legality of — Held, Court may reject anticipatory bail but has no jurisdiction to direct surrender of accused — Further held, accused in a private complaint case need not pray …
What are parameters for deciding bail application U/S 302 or 307 r/w S 149 of IPC If said offence is committed by unlawful assembly?
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Bail in Unlawful Assembly Cases: When No Specific Act is Attributed to the Accused
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Critical Supreme Court Principle: Mere Presence ≠ Guilt
The Supreme Court of India has recently reaffirmed a fundamental principle: mere presence at the scene
Critical Supreme Court Principle: Mere Presence ≠ Guilt
The Supreme Court of India has recently reaffirmed a fundamental principle: mere presence at the scene
…
Supreme Court: Whether accused can be held guilty for murder if common object of the assembly is not discernible?
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In the case of Sukhbir Singh (supra) it was held:-“14. The prosecution in the instant case could notspecifically refer to any of the objects for whichthe accused are alleged to have formed theassembly. It appears, from the circumstances…
Supreme Court: Even the accused who had transported the armed assailants to the scene are liable for prosecution of offences committed in prosecution of common object of that assembly
By Law Web
Section 149 of the Indian Penal Code unequivocally provides that every member of an unlawful assembly is guilty of an offence committed in prosecution of the common object or of one which such members knew to be likely committed in…