Following Supreme Court judgment settles the point and removes confusion about what powers does police have in terms of deciding when or when not to register an FIR when a complaint is made to police station (PS). Generally it is seen that if a woman approaches police, an FIR is registered without much trouble (subject to first procedure CAW/so called counselling and now family welfare committee provision in limbo), no matter how weak or incredulous the evidences may appear when the police actually gets to investigation state. So information in this article can be utilized by husbands who need to …[Continue Reading]
Police can only call people via written notice for investigation: Madras High court guidelines on CrPC 160
This recent judgment of Madras HC (when do they plan to change the name to Chennai HC (?)) throws light on provisions of CrPC 160 under which police can call witnesses for investigation for any crime. CrPC 160 is reproduced below: Section 160 – Police Officer’s power to require attendance of witnesses 1. Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts …[Continue Reading]
Government proposes making IPC 498A compoundable
On 11th Mar, 2015 in Rajya Sabha, government disclosed its intentions of making IPC 498A compoundable: Minister of State for Home Affairs Haribhai Parathibhai Chaudhary, in a written statement in Rajya Sabha, replied with a “yes, sir” when he was asked whether government proposes to make Section 498A of IPC a compoundable offence by appropriate amendments in the CrPC.“The government has the proposal to make Section 498A of the Indian Penal Code a compoundable offence, with the permission of the courts, as per the recommendations of the Law Commission of India and the .. I have already posted about the …[Continue Reading]
Delhi court says police must follow SC guidelines against casual arrest in 498a case etc
After Jul, 2014 SC judgment against automatic arrest under 498a and home ministry advisory to follow CrPC 41 and 41a guidelines to avoid arbitrary arrest in 498a (and offences less than 7 years punishment), probably a first judgment has come from a Delhi court criticizing the Punjab police investigation officer for doing his supposedly god-given duty of proceeding to arrest the Delhi resident after a IPC 498a complaint was filed in Amritsar, Punjab. It’s about time that police learn to follow the law else it’s a matter of time someone who was arbitrarily arrested without following CrPC 41, 41a by …[Continue Reading]
Home ministry’s advisory letter/circular to State/UT to curb misuse of IPC 498a and arrest by police
After a recent Supreme Court judgment to prevent arbitrary arrests under IPC 498a, the home ministry has sent a letter to all states and union territories informing and advising them about the same judgment. The letter dated Jul 10, 2014 is given below. It has to be send to State Secretary as well as DGP (Director General of Police) of each state. In due course of time, the knowledge about this SC judgment and about following CrPC 41 and 41a guidelines on powers and procedure to be followed by police before arrests will percolate to each police station. Use this …[Continue Reading]
Delhi HC orders initiates proceedings under CrPC 195 against police officers
This could happen more often! It really only requires an order by judges to do it, and those judges who don’t give such orders are responsible for the devil may care attitude of police. http://www.ptinews.com/news/742065_HC-orders-criminal-proceedings-against-police-officials New Delhi, Jun 25 (PTI) Pulling up the city police chief for not taking action against his erring officers, the Delhi High Court has issued direction for initiating criminal proceedings against three police personnel for falsely implicating a man in a criminal case. Justice S N Dhingra passed the order on a plea by Manjeet Singh Chug who alleged that police are trying to protect …[Continue Reading]
Innocence is a matter of trial – which will not finish in your lifetime!
http://www.indiankanoon.org/doc/1440610/ //////////// IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.574 OF 2010 [arising out of SLP(Crl.)No.3562 of 2009] K. NEELAVENI ….. APPELLANT VERSUS STATE REP. BY INSP. OF POLICE & ORS. …..RESPONDENTS J U D G M E N T HON. C.K. PRASAD, J. Leave granted. 1. The appellant-wife aggrieved by the order dated 29th September, 2008 passed by the High Court of Judicature at Madras in Criminal O.P. No. 23473 of 2008, whereby it had quashed the charge sheet under Sections 406 and 494 of the Indian Penal Code, has preferred this appeal seeking special …[Continue Reading]
Applicability of section 340 of CrPC, and 194 of IPC etc
A case of perjury under CrPC 340 where even though some witnesses had given contradictory statements in civil and criminal cases between same parties, a perjury case under CrPC 340 was not allowed by high court, due mainly to technicalities about applicability of CrPC 340 to facts of the case. You can read the important points made bold in the full judgment below: CRM No.23818-M of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.23818-M of 2009 Date of Decision: 4.09.2009 Smt.Sanjay Lata & Anr. …Petitioners Vs. The State of Haryana & Anr. ..Respondents Coram: …[Continue Reading]
Jaipur court allows prosecution for false document
It is commonly seen that Indian courts do not ‘encourage’ filing of cases of perjury (lying under oath), false allegation, false evidence etc, even though there are provisions in Indian Penal Code IPC and criminal procedure code CrPC for all these. Recent news shows that a Jaipur court has allowed prosecution for giving a forged and false document as evidence. It is a good start. http://www.rajasthanpatrika.com/city-news/jaipur/06022010/jaipur–news/78030.html जयपुर। मुख्य न्यायिक मजिस्ट्रेट जयपुर शहर ने किरायेदारी के फर्जी दस्तावेज तैयार करने के मामले में पिता-पुत्री समेत तीन लोगों के खिलाफ प्राथमिकी दर्ज करने का आदेश दिया है। अदालत ने परिवाद को विधायकपुरी …[Continue Reading]
False rape allegation can lead to prosecution under Perjury
The headline says it all. It should be common sense, but common sense is something people not expect from Indian courts, because to take just one example — common sense, and jurisprudence says that “justice delayed is justice denied”… we know the rest. Now the full SC judgment below. Read the sentences in bold if you cannot read it all: ——————————————————————–IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CRL.) NOS. OF 2008 (CRIMINAL MISC. PETITIONNOS.8515-8516 OF 2008) Mahila Vinod Kumar i ….. Petitioner Versus State of Madhya Pradesh …..Respondent JUDGMENT Dr. ARIJIT PASAYAT, J. 1. Heard …[Continue Reading]
Recent Comments