CRIMINAL LAW ROUNDUP: A quick recap of the top criminal cases from January 2025
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
Criminal Trial
‘No application of mind, precious time of police & Court wasted’; Gujarat HC slams Police, Prosecution and Trial Court for invoking POCSO Act after 8 yrs of FIR
In a sexual harassment case of a 15-year-old girl, the charges under POCSO Act were added at the fag end of the trial, despite that the victim deposed during the examination that she was aged 15 years at the time of the incident.
‘Frivolous application filed for delaying disposal’: Kerala HC rejects actor Sunil’s plea to recall two expert witnesses for cross examination in 2017 actor assault case
“A prosecution witness, who was examined already, cannot be recalled by exercising the powers under Section 233 CrPC. However, such an exercise can be done under Section 311 CrPC at any stage, including that of Section 233, provided all the requirements and parameters of Section 311 are otherwise satisfied.”
Cases Reported in HCC
(2023) 2 HCC (Bom) GST—Offences and Penalties—Arrest and Detention—Input tax credit—Issue of fake invoices in favour of non-existing entities and passing on
While imposing conditions for grant of bail, Trial Court has no power to direct any person to first apply for passport, obtain it, then surrender it: Bombay High Court
The unusual condition, which was imposed and later, was not modified, clearly shows that the Trial Court travelled beyond its powers and imposed such conditions, which was normally not required when granting bail.
2024 SCC Vol. 4 Part 2
Consumer Protection — Consumer Forums — Jurisdiction and Powers of Consumer Forum — Relegation to civil suit/ADR/Arbitration: Consumer disputes are non-arbitrable, [M.
MNLU Mumbai | Expert Talk on ‘Criminal Trial under the new BNSS’ by Sr. Adv. Rebecca John
MNLU Mumbai’s Centre for Research in Criminal Justice (CRCJ) is excited to invite legal professionals, academicians, and students to an enlightening session
In conversation with Vishavjeet Chaudhary on his journey as the Barrister-at-Law, Professor and Advocate
Interviewed by Dikshi Arora
Inside Supreme Court verdict on effect of acquittal in criminal trial on order of dismissal passed in departmental enquiry
Supreme Court said that allowing the orders of disciplinary authority and the appellate authority to stand, will be unjust, unfair and oppressive, as the charges were not just similar, but identical and the evidence, witnesses and circumstances were all the same.
Supreme Court, in a balancing act, commutes Death Sentence to 20 Years Imprisonment in Indiscriminate Firing case that killed 6
The Supreme Court held that the Court cannot be limited only to two punishments, one a sentence of imprisonment, for all intents and purposes, of not more than 14 years and the other death.
Is Second Petition under Section 482 CrPC maintainable on grounds available at the time of First Petition? Supreme Court determines
The Supreme Court was deciding the appeal against Allahabad High Court’s order wherein it had held that the petitioner could not continue to challenge the proceedings when he had not raised objections to the charge sheet or cognizance order in his first petition under Section 482 Cr.P.C.
2023 SCC Vol. 8 Part 4
Criminal Law — Criminal Trial — Proof — Burden and Onus of proof — Recourse to S. 106 of the Evidence Act
Supreme Court acquits Death row convicts: The 15-year-old’s brutal murder case that sparked call for code of investigation for Police to avoid technical acquittals
“It is high time that a consistent and dependable code of investigation is devised with a mandatory and detailed procedure for the police to implement and abide by during the course of their investigation so that the guilty do not walk free on technicalities, as they do in most cases in our country.”
2023 SCC Vol. 8 Part 1
Advocates — Senior Advocates — Designation of: Guidelines issued by Supreme Court in Indira Jaising, (2017) 9 SCC 766 for greater objectivity
“Where women are respected Gods live there”; Supreme Court cancels bail of Rajasthan MLA’s son in 15-year-old’s gang-rape case
The Supreme Court was of the opinion that the Rajasthan High Court seemed to have been primarily swayed by the delay in filing the complaint i.e. 13 months for granting bail in favour of the accused, without considering other important facts.
Inside the Supreme Court Verdict: How Ex-RJD MP Prabhunath Singh was Convicted in 1995 Double Murder Case
With Ex-RJD MP Prabhunath Singh’s highhandedness and the police, the public prosecutor and the Judiciary failing in their duty, the Supreme Court called the case an “exceptionally Painful Episode of Criminal Justice System”.
2023 SCC Vol. 6 Part 5
Criminal Law — Criminal Trial — Circumstantial Evidence — Generally: Principles reiterated relating to essential conditions that must be fulfilled before conviction
Further Investigation permissible even after the final report laid before the Magistrate has been accepted: Supreme Court
The Supreme Court made clear that further investigation cannot be put at par with prosecution and punishment and hence, the principle of double jeopardy would not apply.