What is the Last Seen Theory ?
The last seen theory comes into play where the time gap between the point of time when the accused and the deceased were last seen alive and the deceased is…
Delay in lodging FIR
Delay in lodging the FIR cannot be used as a ritualistic formula for doubting the prosecution case and discarding the same solely on the ground of delay in lodging the…
Sterling Witness
The “sterling witness” should be of a very high quality and calibre, whose version should be unable to be attacked, questioned or defeated. The court considering the version of such…
Evidence to be weighed not counted
Evidence on record is to be measured for quality, not on the basis of quantity. If the testimony is of ‘sterling quality’, resting a conviction thereon would be entirely permissible.…
Second Complaint could be filed before Magistrate on the same allegation
There is no provision in the Code or in any other statute which debars a complainant from filing a second complaint on the same allegation as in the first complaint.…
Complaint & Its Essentials
The word “complaint” has a wide meaning since it includes even an oral allegation. It may, therefore, be assumed that no form is prescribed which the complaint must take. It…
What are the courses available to a Magistrate on receipt of a negative report / Final Report by the Investigating Officer?
The following four courses are open to the Magistrate concerned: – 1. to accept the report and to drop the proceedings; 2. to direct further investigation to be made by…
Quantum of punishment – Disciplinary matters
If the punishment imposed by the disciplinary authority or the appellate authority shocks the conscience of the High Court/Tribunal, it would appropriately mould the relief, either directing the disciplinary/appellate authority…
Why should a person arrested be informed about the ground of arrest?
a) The requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory constitutional condition. b) Once a person is arrested, his right…
Right of Accused after Arrest
Section 47 of the BNSS reads thus: “47. Person arrested to be informed of grounds of arrest and of right to bail. – (1) Every police officer or other person…