Saikat Rahman

Code of Criminal Procedure, 1973: section 154– There can be no second FIR where the information concerns the same cognizable offence alleged in the first FIR or the same occurrence or incident which gives rise to one or more cognizable offences- Once an FIR has been recorded, any information received after the commencement of investigation […]

Penal code, 1860, section 34– A co-perpetrator, who shares a common intention, will be liable only to the extent that he intends or could or should have visualized the possibility or probability of the final act. If the final outcome or offence committed is distinctly remote and unconnected with the common intention, he would not

Evidence Act, 1872; Section 27 – Accused\’s statement recorded on a DVD and played in Court – Such a statement is in the nature of a confession to a Police Officer and is completely hit by the principles of Evidence Act. If at all the accused were desirous of making confessions, the Investigating Machinery could

Bail –  While granting bail, the relevant considerations are, i.) nature of seriousness of the offense; ii.) Character of the evidence and circumstances which are peculiar to the accused,  and  iii.) likelihood of the accused fleeing from justice iv.) The impact that his release may make on the prosecution witness, its impact on the society

The Supreme Court, last Friday, reiterated that there’s a very heavy cast upon the prosecution to prove its case beyond reasonable doubt while considering circumstantial evidence. Highlighting this, a bench of Chief Justice UU Lalit, Justices S Ravindra and Sudhanshu Dhulia observed, “In case of circumstantial evidence, the court has to scrutinize each and every

The Supreme Court has reiterated that the chief examination and cross-examination of a witness must be recorded on the same day or the following day. There should be no ground for adjournment in recording the examination-in-chief/cross-examination of the witnesses.  A bench comprising Justice Ajay Rastogi and CT Ravikumar made these  observations while considering a special

The Allahabad High Court has observed that a person who has already been granted regular bail under Section 439 of CrPC and if it is found that he has not misused the liberty, then he may be granted anticipatory bail under Section 438 of CrPC in connection with added sections related to the same crime.

The Karnataka High Court has set aside a complaint filed against an advocate by his client under sections 406 and 420 on the allegation that he did not obtain favourable orders from the Supreme Court in his case. It was held- \”The allegations now being made that since the huge amount of money has been

The Supreme Court of India discussed that how compassionate appointment in public services is an exception to the general rule of appointments and how it flows out of pure humanitarian consideration. A Bench of Justices MR Shah and Krishna Murari observed that the purpose of compassionate appointment is to enable the family to tide over

The Supreme Court has held that motor accident compensation need not be reduced for the sole reason that the business ventures and properties of the deceased were bequeathed to the claimants. Judgment: K Ramya and others Vs National Insurance Co Ltd