Topic

accused rights

3 articlesLatest July 2026
BNSS Section 355 | Video Linkage Permitted for Elderly Accused with Comorbidities: Kerala HC Sets Precedent for Trial Efficiency
Case Law Analysis
|Kerala High Court

BNSS Section 355 | Video Linkage Permitted for Elderly Accused with Comorbidities: Kerala HC Sets Precedent for Trial Efficiency

Kerala High Court allows a 78-year-old accused with cardiac ailments to participate in trial via video linkage under BNSS Section 355, emphasizing age and health considerations over rigid attendance rules. The ruling balances accused rights with trial efficiency, setting a precedent for similar cases involving vulnerable defendants.

Right to Withdraw Criminal Appeal Under Section 374(2) CrPC is Voluntary | Calcutta HC Upholds Accused's Discretion
Case Law Analysis
|Calcutta High Court

Right to Withdraw Criminal Appeal Under Section 374(2) CrPC is Voluntary | Calcutta HC Upholds Accused's Discretion

Calcutta High Court rules that an accused may voluntarily withdraw a criminal appeal under Section 374(2) CrPC, provided no prejudice to the State is shown. The court affirmed that an appeal is a right, not a duty, and Section 386(e) CrPC permits such withdrawal as a just order, reinforcing the accused's autonomy in appellate proceedings.

Section 82 CrPC | Proclamation Invalid Without Recorded Satisfaction of Absconding and Fixed Appearance Time/Place : Jharkhand HC
Case Law Analysis
|Jharkhand High Court

Section 82 CrPC | Proclamation Invalid Without Recorded Satisfaction of Absconding and Fixed Appearance Time/Place : Jharkhand HC

The Jharkhand High Court has held that issuing a proclamation under Section 82 CrPC without explicitly recording judicial satisfaction that the accused is absconding or concealing himself, and without specifying a clear time and place for appearance, renders the order legally void. This ruling reinforces that procedural safeguards in criminal procedure are non-negotiable, even in serious economic offenses, protecting accused persons from arbitrary judicial action.