Topic

Criminal Procedure Code

The Criminal Procedure Code (CrPC) governs the process for investigating, charging, and trying criminal offenses in India, including bail, arrest, and trial procedures.

62 articlesLatest 2 weeks ago
Settlement of Section 138 NI Act complaint precludes Section 290 BNS proceedings, leading to FIR quash | Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Settlement of Section 138 NI Act complaint precludes Section 290 BNS proceedings, leading to FIR quash | Punjab & Haryana HC

The Punjab & Haryana High Court ruled that when parties settle a Section 138 NI Act complaint, the related proclamation and FIR under Section 290 BNS must be dismissed, resulting in the FIR's quash. This prevents further criminal prosecution once the principal dispute is resolved, safeguarding litigants who reach settlement.

Section 319 CrPC | Additional accused can be summoned only on strong, cogent evidence - revision petition dismissed where allegation uncorroborated : Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Section 319 CrPC | Additional accused can be summoned only on strong, cogent evidence - revision petition dismissed where allegation uncorroborated : Punjab & Haryana HC

The Punjab & Haryana High Court held that a Section 319 CrPC application to summon additional accused is permissible only when the trial record contains strong, cogent evidence. Accordingly, it dismissed the petition where the allegation was uncorroborated, tightening the test for summoning extra accused.

Article 21 speedy-trial right outweighs NDPS Section 37 bail bar - regular bail granted : Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Article 21 speedy-trial right outweighs NDPS Section 37 bail bar - regular bail granted : Punjab & Haryana HC

The Punjab & Haryana High Court ordered regular bail for Gurkirpal Singh, holding that when the prosecution offers no independent evidence, the constitutional guarantee of a speedy trial under Article 21 overrides the stringent bail denial under Section 37 of the NDPS Act. This establishes that speedy-trial rights can prevail over statutory bail restrictions, benefiting accused in drug cases lacking direct proof.

Fair Trial Rights Under Article 21 | Piecemeal Trial Permissible When Accused Categories Distinct: Kerala HC Rejects Prejudice Claim
Case Law Analysis
|Kerala High Court

Fair Trial Rights Under Article 21 | Piecemeal Trial Permissible When Accused Categories Distinct: Kerala HC Rejects Prejudice Claim

Kerala High Court rules that separate trials for distinct accused groups do not violate fair trial rights under Articles 14, 19, and 21 if allegations are unrelated. The judgment reinforces that piecemeal trials are permissible where no prejudice is demonstrated, setting a precedent for multi-accused criminal proceedings.

Section 14 SARFAESI Act | Police Assistance Mandatory for Restitution of Possession After Illegal Re-Entry: MP HC Reinforces Secured Creditor Rights
Case Law Analysis
|Madhya Pradesh High Court

Section 14 SARFAESI Act | Police Assistance Mandatory for Restitution of Possession After Illegal Re-Entry: MP HC Reinforces Secured Creditor Rights

Madhya Pradesh High Court holds that secured creditors are entitled to police assistance for restoring possession of secured assets if borrowers illegally re-enter after dispossession. The ruling underscores the ministerial duty of authorities under Section 14 SARFAESI Act and prevents borrowers from frustrating statutory recovery mechanisms.

Appellate Review of Acquittal | Family Disputes Demand Heightened Scrutiny of Evidence: Allahabad HC
Case Law Analysis
|Allahabad High Court

Appellate Review of Acquittal | Family Disputes Demand Heightened Scrutiny of Evidence: Allahabad HC

Allahabad High Court sets aside an appeal against acquittal under Section 364 IPC, ruling that family disputes require closer examination of witness credibility and adverse inferences for non-examination of key witnesses. The judgment reinforces that appellate courts must apply stricter evidentiary standards in cases involving familial relationships to prevent miscarriage of justice.

Section 482 CrPC | Successive Quashing Petitions Maintainable Only on New Circumstances: Allahabad HC Reiterates M.C. Ravikumar Precedent
|Allahabad High Court

Section 482 CrPC | Successive Quashing Petitions Maintainable Only on New Circumstances: Allahabad HC Reiterates M.C. Ravikumar Precedent

Allahabad High Court dismisses a second quashing petition under Section 482 CrPC, holding that successive petitions for the same FIR are not maintainable unless supported by fresh material or changed circumstances. The ruling reinforces the Supreme Court's precedent in M.C. Ravikumar, limiting abuse of process in criminal proceedings.

Section 313 CrPC | Failure to Confront Accused with Viscera Report Fatal to Murder Conviction: Allahabad HC Acquits
Case Law Analysis
|Allahabad High Court

Section 313 CrPC | Failure to Confront Accused with Viscera Report Fatal to Murder Conviction: Allahabad HC Acquits

The Allahabad High Court set aside a murder conviction after finding that the trial court violated Section 313 CrPC by not confronting the accused with the viscera report-a material piece of evidence. The ruling underscores that procedural compliance under Section 313 is non-negotiable, and its breach irreparably vitiates the trial, regardless of the offence's gravity.