Criminal Law

At a premature stage of a case where investigation process is still going it is not fit to exercise powers under section 482 of Cr.P.C

Yugashree | School of Law Sastra University, Thanjavur | 30th March 2020 L C Nagaraja Vs The state by CBI Facts: The petitioner who is working with government as an…

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Rule 51 shall not have any application for further investigation under section 173(8) of CrPC

Lisa Coutinho | Pravin Gandhi College of Law | 30th March 2020 Satishkumar Nyalchand Shah v. State of Gujarat & Ors. Criminal Appeal No. 353 of 2020 Facts of the…

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Allahabad High Court

Online gaming is not gambling on mere chance

Asmita Kuvalekar | Government Law College, Mumbai | 29th March 2020.  GURDEEP SINGH SACHAR V UNION OF INDIA AND OS (CRIMINAL PUBLIC INTEREST LITIGATION STAMP NO 22 OF 2019)  FACTS OF…

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‘PUBLIC PLACE’ UNDER BIHAR EXCISE ACT INCLUDES PRIVATE VEHICLES

Asmita Kuvalekar | Government Law College, Mumbai | 27th March 2020.  SATVINDER SINGH @ SATVINDER SINGH SALUJA AND ORS V THE STATE OF BIHAR (CRIMINAL APPEAL NO 951 OF 2019 ARISING…

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Rape – Crime or a Culture

KRISHA KAMAL | PRESIDENCY UNIVERSITY BANGALORE | 27th March 2020  Rape: Rape is defined under section 375 of the Indian penal Code, 1860. The section is be read as;  A man…

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Procedure to be followed in investigating police encounters

Kosha Doshi | Symbiosis Law School, Pune | 26th March 2020 People’s Union for Civil v State of Maharashtra Facts:             The People’s Union for Civil Liberties (PUCL) filed a writ petition…

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Alleged torture cannot be a ground for judicial review of rejection of mercy petition

Lisa Coutinho | Pravin Gandhi College of Law | 25th March 2020 Pawan Kumar Gupta v. State od NCT of Delhi Writ Petition (Criminal) No. 122 of 2020 Facts: The…

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If a person is convicted for life, unless he has actually served 14 years’ sentence, he will not be entitled to be considered for release by giving him benefit of remissions earned by him

Lisa Coutinho | Pravin Gandhi College of Law | 19th March 2020 Ex-Gunner Virender Prasad v. Union of India & Ors. Criminal Appeal No. 2035 of 2012 Facts of the…

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Unless it is barbaric, torturous and brutal, strangulation of wife cannot be said to be an act of extreme cruelty for denying the benefit of exception 4 to section 300 of IPC

Lisa Coutinho | Pravin Gandhi College of Law | 15th March 2020 Rambir V. State of NCT, Delhi Criminal Appeal No. 839 of 2019 Facts of the case: In the…

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There is no bar on the Court from taking cognizance of the offence under Section 379 of the IPC

Lisa Coutinho | Pravin Gandhi College of Law | 15th March 2020 Kunwar Pal Singh v. State of Uttar Pradesh & anr. Criminal Appeal No. 1920 of 2019. Facts: The…

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SPEEDY TRIAL IS A PART OF ARTICLE 21

Asmita Kuvalekar | Government Law College, Mumbai | 13th March 2020 HUSSAIN AND ANR V UNION OF INDIA WITH AASU V STATE OF RAJASTHAN (CRIMINAL APPEAL NO. 509 OF 2017 WITH…

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A judgment is an authority for what it decides, the ratio and not for what may logically follow from the decision

Vaishnavi Annasaheb Nirmal | Manikchand Pahade Law College, Aurangabad | 10th March 2020  Manohar Lal Sharma vs. Narendra Damodardas Modi and others WP (Crl.) 225/2018; RP (Crl.) 46/2019 Fact of…

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Supreme Court stands its ground in declaring communal violence purportedly in the name of a particular religion to not only be criminal but also religiously reprehensible

Vaishnavi Nirmal  | Manikchand Pahade Law College, Aurangabad | 9th March 2020 Zahira Habibulla H Sheikh and Anr. Vs. State of Gujarat others Appeal (criminal) 446-449 of 2004 Fact of case:…

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Can extra-judicial confessions alone be used as an evidence in grievous crime such as murder?

Falgu Mukati | Pravin Gandhi College of Law | 26th February 2020 Mohammad Ismail Noormohammad Madana vs The State of Maharashtra, Criminal Appeal NO.659 OF 2012 Matter In this case…

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Can a mere threat to take action be used as a ground for convicting a person for attempt to murder?

Falgu Mukati | Pravin Gandhi College of Law | 27th February 2020 The State of Maharashtra vs Ajit Sing Sitaram Desai, Criminal Appeal NO.544 OF 2000 Matter  Dr Shetti (Victim/Informant)…

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The circumstances should be of conclusive nature and they should be such as to exclude every hypothesis but the one proposed to be proved

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 3rd March 2020   Kalu @ Laxminarayan v. State of Madhya Pradesh (Criminal Appeal no. 1677 of 2010) Facts of the case:…

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Nirbhaya- The delay in Justice but no more acceptance of unjust

KRISHA KAMAL | PRESIDENCY UNIVERSITY, BANGALORE | 9th March 2020 MUKESH & ANR VS STATE FOR NCT OF DELHI & ORS BRIEF FACTS: On December 16th, 2012 at Delhi a…

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MISUSE OF SECTION 498A

Mukesh Kumar Mishra | Institute of Law, Jiwaji University | 9th March 2020 INTRODUCTION India is a country which follows various customary beliefs and has a long-established patriarchy system in the society.…

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Section 148 of the NI Act has retrospective application

Ronita Biswas | National Law University, Orissa | 18th February 2020 Surinder Singh Deswal @ Col. S.S. Deswal & Ors. v. Virendrer Gandhi & Anr. (Criminal Appeal- 1936-1963 of 2019)…

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Accused cannot be convicted of Rape on the basis of the sole testimony of Prosecutrix unless her testimony “STERLING” Quality

Aditi Reddy M | Symbiosis Law School, Hyderabad | 18th February 2020 Santhosh Prasad Vs State of Bihar Facts of the case: The prosecutrix had filed a complaint on her brother in law (who in…

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Bail can be granted in case where there are reasonable grounds for believing that accused is not guilty of such offence, and that he is not likely to commit any offence while on bail

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 14th February 2020  State of Kerala v. Rajesh (Criminal Appeal no. 154-157 of 2020) Facts of the case:  On 25 th…

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The satisfaction of the court for granting protection under Section 438 CrPC is different from the one under Section 439 CrPC while considering regular bail

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 14th February 2020  Satpal Singh v. State of Punjab   Facts of the Case:  Satpal Singh (in criminal appeal no. 462…

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Can the right to file a complaint against any wrongdoing in the society, be used by anyone and everyone?

Falgu Mukati | Pravin Gandhi College of Law | 16th February 2020 Pratap Lal Teli vs State of Maharashtra and Ors, Criminal Application NO.369 OF 2019 Matter  The applicant Mr.…

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There cannot be an inexorable formula in the matter of granting bail

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 16th February 2020  Swami Chinmayanand Alias Krishna Pal Singh v. State of U.P. (Criminal Misc. Bail Application no. 44814 of 2019)…

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A close relative cannot be characterised as an ‘interested’ witness

Ravikiran Shukre | Manikchand Pahade Law College, Aurangabad | 16th February 2020  Namdeo v. State of Maharashtra (Criminal Appeal no. 914 of 2006) Facts of the case:  Deceased Ninaji Rupaji…

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