Dying declaration is an exception to the rule against hearsay evidence. It refers to statements made by a dying person about the cause of their death. It is considered reliable because the maxim is that a person would not lie as they are dying and facing their maker. For a dying declaration to be admissible, it must relate to the cause of death, be made by a competent person, and not be inconsistent, doubtful, influenced, or untrue. Dying declarations can be written, verbal, through gestures, or nods and are given evidentiary value in court.
An FIR (First Information Report) is a written document containing the earliest information about the commission of a cognizable offense. It must be filed with the police station in the jurisdiction where the offense took place. An FIR can be filed by the aggrieved person, an eyewitness, or anyone with hearsay information about the offense. It aims to set the criminal law into motion by providing essential details like what crime was committed, who committed it, where and when it took place, and any other relevant information or witnesses. If the police refuse to record an FIR, the complainant can escalate the matter to higher authorities or file a private complaint with the court.
This document discusses hostile witnesses under Indian law. It defines a hostile witness as one who is not desirous of telling the truth to the party that called them or who has an animus against that party. The term originated in common law to protect against witnesses who willfully provide hostile evidence against the party that called them. A hostile witness can be someone who is biased, unwilling to testify, or aligned with the adverse party. While a hostile witness's testimony is still admissible, it requires close scrutiny and corroboration rather than being totally rejected. The document analyzes several landmark cases involving hostile witnesses in India.
This document summarizes key provisions from the Indian Evidence Act relating to relevance of evidence and admissibility of confessions. It discusses how evidence may only be given for facts in issue or relevant facts. It explains the doctrine of res gestae and how facts forming part of the same transaction are relevant. It also discusses relevance of facts relating to motive, preparation, conduct and opportunity. Provisions around admissions and confessions are summarized, including the difference between judicial and extra-judicial confessions.
Procedure of investigation (Indian Perspective)Vaibhav Laur
The document summarizes the key sections of the Code of Criminal Procedure (CrPC) relating to investigation procedures in India. It explains that under Section 154, a First Information Report (FIR) must be filed for a cognizable offense, while a magistrate's order is required for a non-cognizable offense under Section 155(2). For a cognizable offense, a police officer has the power to investigate under Section 156, while Sections 157-173 outline the investigation process and requirements for submitting investigation reports. The document also discusses important investigation techniques like crime scene sketching and inspection.
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KANOON KE RAKHWALE INDIA
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The document discusses the examination of witnesses in a criminal trial. It defines key terms:
- The accused is the person charged with a criminal offense.
- Examination of witnesses includes examination-in-chief, cross-examination, re-examination, and questions from the court.
- Examination-in-chief is conducted by the party who called the witness to elicit relevant facts. Leading questions are not allowed.
- Cross-examination is conducted by the other party and leading questions are allowed to weaken the witness's credibility.
- Re-examination is conducted by the party who called the witness, but cannot introduce new matters without permission.
- The court can ask questions
Dying declaration is an exception to the rule against hearsay evidence. It refers to statements made by a dying person about the cause of their death. It is considered reliable because the maxim is that a person would not lie as they are dying and facing their maker. For a dying declaration to be admissible, it must relate to the cause of death, be made by a competent person, and not be inconsistent, doubtful, influenced, or untrue. Dying declarations can be written, verbal, through gestures, or nods and are given evidentiary value in court.
An FIR (First Information Report) is a written document containing the earliest information about the commission of a cognizable offense. It must be filed with the police station in the jurisdiction where the offense took place. An FIR can be filed by the aggrieved person, an eyewitness, or anyone with hearsay information about the offense. It aims to set the criminal law into motion by providing essential details like what crime was committed, who committed it, where and when it took place, and any other relevant information or witnesses. If the police refuse to record an FIR, the complainant can escalate the matter to higher authorities or file a private complaint with the court.
This document discusses hostile witnesses under Indian law. It defines a hostile witness as one who is not desirous of telling the truth to the party that called them or who has an animus against that party. The term originated in common law to protect against witnesses who willfully provide hostile evidence against the party that called them. A hostile witness can be someone who is biased, unwilling to testify, or aligned with the adverse party. While a hostile witness's testimony is still admissible, it requires close scrutiny and corroboration rather than being totally rejected. The document analyzes several landmark cases involving hostile witnesses in India.
This document summarizes key provisions from the Indian Evidence Act relating to relevance of evidence and admissibility of confessions. It discusses how evidence may only be given for facts in issue or relevant facts. It explains the doctrine of res gestae and how facts forming part of the same transaction are relevant. It also discusses relevance of facts relating to motive, preparation, conduct and opportunity. Provisions around admissions and confessions are summarized, including the difference between judicial and extra-judicial confessions.
Procedure of investigation (Indian Perspective)Vaibhav Laur
The document summarizes the key sections of the Code of Criminal Procedure (CrPC) relating to investigation procedures in India. It explains that under Section 154, a First Information Report (FIR) must be filed for a cognizable offense, while a magistrate's order is required for a non-cognizable offense under Section 155(2). For a cognizable offense, a police officer has the power to investigate under Section 156, while Sections 157-173 outline the investigation process and requirements for submitting investigation reports. The document also discusses important investigation techniques like crime scene sketching and inspection.
LLB LAW NOTES ON CRIMINAL PROCEDURE CODE
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FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
The document discusses the examination of witnesses in a criminal trial. It defines key terms:
- The accused is the person charged with a criminal offense.
- Examination of witnesses includes examination-in-chief, cross-examination, re-examination, and questions from the court.
- Examination-in-chief is conducted by the party who called the witness to elicit relevant facts. Leading questions are not allowed.
- Cross-examination is conducted by the other party and leading questions are allowed to weaken the witness's credibility.
- Re-examination is conducted by the party who called the witness, but cannot introduce new matters without permission.
- The court can ask questions
The document discusses the examination of witnesses in criminal trials under Indian evidence law. It explains that witness testimony is examined through examination-in-chief by the party calling the witness, cross-examination by the adverse party, and possible re-examination for clarification. Cross-examination seeks to test witness credibility and elicit favorable facts. A person producing a document is not themselves a witness subject to cross-examination.
The document provides an introduction to Indian law of evidence. It discusses how there was no systematic enactment initially and the English rules of evidence were followed in some areas. The first Indian Evidence Act was passed in 1835. The current Indian Evidence Act was drafted by Stephen and passed in 1872, being based on English law of evidence. It discusses different types of evidence like oral, documentary, real, hearsay etc. It also discusses key concepts like direct evidence, judicial evidence and rules regarding primary and secondary evidence.
This document discusses culpable homicide and murder under Indian law. It begins by noting that murder accounts for 59% of convictions under the Indian Penal Code. It then examines the origins and meanings of homicide and murder from Latin and Old French roots. The key differences between culpable homicide and murder are outlined, with murder requiring intent to cause death or knowledge that an act could likely cause death, while culpable homicide has a broader scope. Punishments are also specified under sections 302 and 304 of the Indian Penal Code. Case examples are provided to help distinguish between the two offenses.
The document discusses the processes of investigation and trial of offences in India. It explains that the police register an FIR and conduct investigations upon receiving information about a cognizable offence. The police then files a police report with the statements and evidence collected before the local magistrate. The magistrate can then take cognizance of the case and either discharge the accused or frame charges and set a date to begin the trial and examination of prosecution and defense witnesses. After considering all evidence presented, the magistrate will then deliver a verdict of acquittal or conviction and determine the sentence if the accused is found guilty.
Dying declaration is a statement made by a person who believes their death is imminent regarding the cause or circumstances of their impending death. To be admissible as evidence, a dying declaration must:
1) Be made by a person who believes their death is imminent
2) Pertain to the cause or circumstances of their death
3) Be recorded in writing or orally
4) Be truthful, credible, and not prompted by tutoring or instigation
The court may examine the statement to check for any motive of vengeance. Experts, such as those with specialized knowledge in foreign law, science, art, or handwriting analysis, can provide opinion testimony relevant to facts at issue in the case.
The document summarizes the process for filing a First Information Report (FIR) under Section 154 of the Code of Criminal Procedure (CrPC). It outlines what information should be included in the FIR, such as the name and details of the complainant, description of the incident, accused, witnesses, evidence, and more. It also discusses the duties of the police in registering an FIR and investigating the case, as well as the role of the judiciary in accepting chargesheets and issuing summons.
The document discusses the rules of evidence in judicial inquiries under Qanun-e-shahdat. It defines Qanun-e-shahdat as the system of rules for determining factual questions in courts. The main objective of the Order is to prevent inconsistent admission of evidence by establishing a uniform practice. It aims to admit only relevant facts that assist in discovering the truth, rather than obscuring it. The key principles are that evidence must be limited to the matter at issue, the best evidence must be provided, and hearsay evidence should be excluded.
Oral evidence refers to statements made by witnesses before a court relating to facts under inquiry. Oral evidence can prove all facts, except for the contents of documents. For oral evidence to be admitted, it must be based on the direct perception of the witness through seeing, hearing, or otherwise perceiving the matter themselves. Hearsay evidence, where a witness repeats what someone else said, is generally not admissible as oral evidence except in certain exceptions such as res gestae statements or admissions against interest.
This document discusses culpable homicide and murder under the Indian Penal Code. It defines culpable homicide as causing death by doing an act with the intention of causing death or bodily injury likely to cause death. The key ingredients of culpable homicide are discussed, including causing the death of a human by doing an act with intention to cause death or injury likely to cause death. Murder is defined as culpable homicide committed with the intention to cause death. Exceptions to murder and illustrations of both offenses are provided. The document distinguishes between culpable homicide and murder and notes their respective punishments under the Indian Penal Code.
This document provides an overview of criminal trial procedures in Pakistan. It begins by defining what is meant by a "trial" and discusses the relevant legal provisions. It then outlines the key pre-trial steps that must be taken, including determining jurisdiction and place of trial, issues of juvenile status, and cognizance of offenses. The document also discusses processes for procuring accused attendance, supplying document copies, right to counsel, and procedures for joint complaint and police cases. Overall, the document serves as a reference guide to the stages and considerations involved in criminal trials under Pakistani law.
In this presentation, we go through what is perjury, what is the punishment for perjury as per Indian law and the procedure to file a perjury application
The document discusses the law on arrest in India according to the Code of Criminal Procedure (CrPC). It defines arrest and differentiates it from custody. It outlines the types of arrest that can be made with or without a warrant by police officers, magistrates or private persons. It also describes the rights of arrested persons and important Supreme Court judgements related to arrest procedures and compliance with legal safeguards.
This document defines and compares cognizable and non-cognizable offenses. Cognizable offenses allow the police to independently investigate and make arrests without court approval, are non-bailable, and include crimes like murder, rape, and theft. Non-cognizable offenses require court permission for investigation and arrests, are bailable, and include crimes like forgery, cheating, and assault. The key difference is whether the police have autonomous power to investigate or require court approval.
The document discusses various articles related to burden of proof in legal cases. It outlines that the party who alleges or asserts a claim has the burden of proving that claim with evidence. It also discusses exceptions where the burden may lie with the other party in certain cases, such as when pleading an alibi or proving facts that are within special knowledge. The document provides examples and explanations for different articles governing burden of proof for particular facts, exceptions, ownership, legitimacy, and presumptions around relationships and death.
An FIR is a written document prepared by the police upon receiving information about a cognizable crime. It is called a "First Information Report" because it contains the first information received by the police about a crime. An FIR can be filed by the victim of the crime or anyone else who has knowledge of the crime. It should include details like the names and descriptions of those involved, the date, time, and location of the incident. Recording an FIR immediately is important as it helps the police arrest offenders and collect evidence, and the earliest version is considered most reliable by courts.
The document defines and classifies criminal offences and criminal cases in the Malaysian legal system. It distinguishes between seizable and non-seizable offences, summon cases and warrant cases, bailable and non-bailable offences. It also distinguishes the stages of criminal litigation procedure - investigation conducted by police, inquiry conducted by magistrates, and trial conducted by courts. The criminal litigation process involves pre-trial procedures, jurisdiction of courts and police, bail applications, judgments, sentencing, and appeal procedures.
Following is the detailed description of Dying Deposition and Dying Declaration being followed in Indian Legalities from a Medical students perspective. The presentation should prove to be helpful for educators and primarily for medical students for their understanding and academics.
References - Forensic Medicine And Toxicology (29th edition) By DR. K.S. Narayan Reddy
The stages of a criminal trial in a warrant case typically include:
1) The accused appears before a magistrate who frames the charges against them and explains the charges. The accused is given the option to plead guilty.
2) If the accused does not plead guilty, a trial occurs where the prosecution and accused present evidence and arguments.
3) After hearing both sides, the magistrate will pass an order of conviction or acquittal based on the evidence presented.
1. A witness who is inconsistent in giving evidence, especially if the inconsistencies are material contradictions, cannot generally be regarded as a credible witness. However, not all inconsistencies necessarily undermine credibility.
2. For a witness to refresh their memory by referring to notes, certain conditions must be met under Section 159 of the Evidence Act. The writing must have been made by the witness at the time of the event or soon after.
3. Even if the conditions for refreshing memory are satisfied, the opposing party still has the right to inspect the document and cross-examine the witness on it. Referring to a document alone does not necessarily make the witness credible; it depends on whether the statutory safeguards are
This document is a court order summarizing a bail application case. It discusses the facts of the case, including statements made by the prosecutrix and informant, and contradictory details in the statements. It notes that the prosecutrix and applicant had a prior consensual relationship and material contradictions exist in her statements. While the prosecution opposed bail, the court ultimately granted bail to the applicant, noting he has no prior criminal record and has been jailed since September 2020. Bail was granted with conditions including not contacting the prosecutrix, cooperating with trial, and not engaging in further criminal acts.
The document discusses the examination of witnesses in criminal trials under Indian evidence law. It explains that witness testimony is examined through examination-in-chief by the party calling the witness, cross-examination by the adverse party, and possible re-examination for clarification. Cross-examination seeks to test witness credibility and elicit favorable facts. A person producing a document is not themselves a witness subject to cross-examination.
The document provides an introduction to Indian law of evidence. It discusses how there was no systematic enactment initially and the English rules of evidence were followed in some areas. The first Indian Evidence Act was passed in 1835. The current Indian Evidence Act was drafted by Stephen and passed in 1872, being based on English law of evidence. It discusses different types of evidence like oral, documentary, real, hearsay etc. It also discusses key concepts like direct evidence, judicial evidence and rules regarding primary and secondary evidence.
This document discusses culpable homicide and murder under Indian law. It begins by noting that murder accounts for 59% of convictions under the Indian Penal Code. It then examines the origins and meanings of homicide and murder from Latin and Old French roots. The key differences between culpable homicide and murder are outlined, with murder requiring intent to cause death or knowledge that an act could likely cause death, while culpable homicide has a broader scope. Punishments are also specified under sections 302 and 304 of the Indian Penal Code. Case examples are provided to help distinguish between the two offenses.
The document discusses the processes of investigation and trial of offences in India. It explains that the police register an FIR and conduct investigations upon receiving information about a cognizable offence. The police then files a police report with the statements and evidence collected before the local magistrate. The magistrate can then take cognizance of the case and either discharge the accused or frame charges and set a date to begin the trial and examination of prosecution and defense witnesses. After considering all evidence presented, the magistrate will then deliver a verdict of acquittal or conviction and determine the sentence if the accused is found guilty.
Dying declaration is a statement made by a person who believes their death is imminent regarding the cause or circumstances of their impending death. To be admissible as evidence, a dying declaration must:
1) Be made by a person who believes their death is imminent
2) Pertain to the cause or circumstances of their death
3) Be recorded in writing or orally
4) Be truthful, credible, and not prompted by tutoring or instigation
The court may examine the statement to check for any motive of vengeance. Experts, such as those with specialized knowledge in foreign law, science, art, or handwriting analysis, can provide opinion testimony relevant to facts at issue in the case.
The document summarizes the process for filing a First Information Report (FIR) under Section 154 of the Code of Criminal Procedure (CrPC). It outlines what information should be included in the FIR, such as the name and details of the complainant, description of the incident, accused, witnesses, evidence, and more. It also discusses the duties of the police in registering an FIR and investigating the case, as well as the role of the judiciary in accepting chargesheets and issuing summons.
The document discusses the rules of evidence in judicial inquiries under Qanun-e-shahdat. It defines Qanun-e-shahdat as the system of rules for determining factual questions in courts. The main objective of the Order is to prevent inconsistent admission of evidence by establishing a uniform practice. It aims to admit only relevant facts that assist in discovering the truth, rather than obscuring it. The key principles are that evidence must be limited to the matter at issue, the best evidence must be provided, and hearsay evidence should be excluded.
Oral evidence refers to statements made by witnesses before a court relating to facts under inquiry. Oral evidence can prove all facts, except for the contents of documents. For oral evidence to be admitted, it must be based on the direct perception of the witness through seeing, hearing, or otherwise perceiving the matter themselves. Hearsay evidence, where a witness repeats what someone else said, is generally not admissible as oral evidence except in certain exceptions such as res gestae statements or admissions against interest.
This document discusses culpable homicide and murder under the Indian Penal Code. It defines culpable homicide as causing death by doing an act with the intention of causing death or bodily injury likely to cause death. The key ingredients of culpable homicide are discussed, including causing the death of a human by doing an act with intention to cause death or injury likely to cause death. Murder is defined as culpable homicide committed with the intention to cause death. Exceptions to murder and illustrations of both offenses are provided. The document distinguishes between culpable homicide and murder and notes their respective punishments under the Indian Penal Code.
This document provides an overview of criminal trial procedures in Pakistan. It begins by defining what is meant by a "trial" and discusses the relevant legal provisions. It then outlines the key pre-trial steps that must be taken, including determining jurisdiction and place of trial, issues of juvenile status, and cognizance of offenses. The document also discusses processes for procuring accused attendance, supplying document copies, right to counsel, and procedures for joint complaint and police cases. Overall, the document serves as a reference guide to the stages and considerations involved in criminal trials under Pakistani law.
In this presentation, we go through what is perjury, what is the punishment for perjury as per Indian law and the procedure to file a perjury application
The document discusses the law on arrest in India according to the Code of Criminal Procedure (CrPC). It defines arrest and differentiates it from custody. It outlines the types of arrest that can be made with or without a warrant by police officers, magistrates or private persons. It also describes the rights of arrested persons and important Supreme Court judgements related to arrest procedures and compliance with legal safeguards.
This document defines and compares cognizable and non-cognizable offenses. Cognizable offenses allow the police to independently investigate and make arrests without court approval, are non-bailable, and include crimes like murder, rape, and theft. Non-cognizable offenses require court permission for investigation and arrests, are bailable, and include crimes like forgery, cheating, and assault. The key difference is whether the police have autonomous power to investigate or require court approval.
The document discusses various articles related to burden of proof in legal cases. It outlines that the party who alleges or asserts a claim has the burden of proving that claim with evidence. It also discusses exceptions where the burden may lie with the other party in certain cases, such as when pleading an alibi or proving facts that are within special knowledge. The document provides examples and explanations for different articles governing burden of proof for particular facts, exceptions, ownership, legitimacy, and presumptions around relationships and death.
An FIR is a written document prepared by the police upon receiving information about a cognizable crime. It is called a "First Information Report" because it contains the first information received by the police about a crime. An FIR can be filed by the victim of the crime or anyone else who has knowledge of the crime. It should include details like the names and descriptions of those involved, the date, time, and location of the incident. Recording an FIR immediately is important as it helps the police arrest offenders and collect evidence, and the earliest version is considered most reliable by courts.
The document defines and classifies criminal offences and criminal cases in the Malaysian legal system. It distinguishes between seizable and non-seizable offences, summon cases and warrant cases, bailable and non-bailable offences. It also distinguishes the stages of criminal litigation procedure - investigation conducted by police, inquiry conducted by magistrates, and trial conducted by courts. The criminal litigation process involves pre-trial procedures, jurisdiction of courts and police, bail applications, judgments, sentencing, and appeal procedures.
Following is the detailed description of Dying Deposition and Dying Declaration being followed in Indian Legalities from a Medical students perspective. The presentation should prove to be helpful for educators and primarily for medical students for their understanding and academics.
References - Forensic Medicine And Toxicology (29th edition) By DR. K.S. Narayan Reddy
The stages of a criminal trial in a warrant case typically include:
1) The accused appears before a magistrate who frames the charges against them and explains the charges. The accused is given the option to plead guilty.
2) If the accused does not plead guilty, a trial occurs where the prosecution and accused present evidence and arguments.
3) After hearing both sides, the magistrate will pass an order of conviction or acquittal based on the evidence presented.
1. A witness who is inconsistent in giving evidence, especially if the inconsistencies are material contradictions, cannot generally be regarded as a credible witness. However, not all inconsistencies necessarily undermine credibility.
2. For a witness to refresh their memory by referring to notes, certain conditions must be met under Section 159 of the Evidence Act. The writing must have been made by the witness at the time of the event or soon after.
3. Even if the conditions for refreshing memory are satisfied, the opposing party still has the right to inspect the document and cross-examine the witness on it. Referring to a document alone does not necessarily make the witness credible; it depends on whether the statutory safeguards are
This document is a court order summarizing a bail application case. It discusses the facts of the case, including statements made by the prosecutrix and informant, and contradictory details in the statements. It notes that the prosecutrix and applicant had a prior consensual relationship and material contradictions exist in her statements. While the prosecution opposed bail, the court ultimately granted bail to the applicant, noting he has no prior criminal record and has been jailed since September 2020. Bail was granted with conditions including not contacting the prosecutrix, cooperating with trial, and not engaging in further criminal acts.
Rajivgandhi v. The State- Madras hc SCC.pdfsabrangsabrang
1) The appellant was convicted by the trial court for offenses under the POCSO Act and Section 363 IPC for kidnapping and sexually assaulting a 16-year-old girl.
2) The High Court upheld the conviction under the POCSO Act but acquitted the appellant of the kidnapping charge under Section 363 IPC, finding that the victim had gone voluntarily with the appellant.
3) However, the Court confirmed the conviction under the POCSO Act, noting that the victim's testimony clearly described penetrative sexual assault and the medical evidence supported this, while the appellant failed to dislodge the presumption of guilt under the Act.
Legal Burden of Accused in Criminal CasesASMAH CHE WAN
The document discusses the burden of proof in criminal cases. It states that the prosecution primarily has the legal burden to prove the accused's guilt. The accused has a legal burden to prove defenses. Specifically:
1) The prosecution has the initial burden to establish a prima facie case and prove the accused's guilt beyond a reasonable doubt.
2) The accused has a legal burden to prove defenses, like alibi, once the prosecution has provided evidence of guilt. The accused must cast doubt on the prosecution's case to be acquitted.
3) The accused does not have to prove defenses beyond a reasonable doubt, but rather on a balance of probabilities or by raising reasonable doubt.
The document discusses the examination of witnesses under Indian law. It explains that witnesses are first examined by the party that called them, known as examination-in-chief. The opposing party can then cross-examine. Witnesses must answer relevant questions but are protected from aggressive questioning. The examination must follow the order and rules laid out in the Indian Evidence Act to ensure fair and accurate collection of evidence.
Hearsay evidence refers to statements made out of court that are offered in court as evidence to prove the truth of what was stated. Hearsay evidence is generally inadmissible as evidence because it is not direct evidence and the person who made the original statement cannot be cross-examined. However, hearsay may be allowed if it is not being used to prove the truth of the matter asserted, but rather to show that something was said. The document discusses the definition of hearsay evidence, reasons why it is generally excluded, and examples of cases where hearsay evidence was either admitted or excluded from trials.
The document summarizes a court case regarding an application to quash an order rejecting a request to initiate criminal proceedings for alleged false statements in an affidavit. The court found that the lower courts improperly rejected the application without determining if a preliminary inquiry was necessary. The high court set aside the lower court orders and directed the civil judge to register the matter as a miscellaneous judicial case and proceed with determining if an inquiry is warranted under Section 340 of the Criminal Procedure Code. The civil suit and Section 340 application can now be decided separately.
The prosecution intends to rely primarily on the testimony of two witnesses in the Witness Protection Programme who provided earlier written statements to police. As the witnesses were former rivals of the defendant and may have struck a deal in exchange for testimony, their evidence would require corroboration. According to past rulings, the two witnesses would not be able to corroborate each other given concerns about their reliability as protected witnesses with incentives to cooperate. The defendant argues the written statements provided by the witnesses to police are inadmissible hearsay.
The document is a bail application order from the High Court of Delhi regarding the bail application of Mohd. Danish in an FIR registered for offenses related to rioting, unlawful assembly, murder, etc. during the February 2020 Delhi riots.
The petitioner's counsel argued that the petitioner was falsely implicated and that the disclosure statement attributed to him was fabricated and inadmissible. The prosecution argued that the petitioner was actively involved in the riots based on witness statements and call detail records placing him at the scene. The court examined the medical evidence showing the injuries on the deceased police officer but noted that it was unclear who delivered the fatal blow.
The document discusses the principles of framing charges in criminal cases under the Indian Code of Criminal Procedure. It defines what a charge is and explains that the purpose of framing a charge is to give the accused clear notice of the accusations against them. A valid charge must state the offense, law, time/place of offense, previous convictions if applicable, and contain sufficient particulars for the accused to understand the case they must defend. The court must apply its mind to ensure there is a prima facie case before framing charges. Alterations are allowed but must not prejudice the accused.
The document discusses the wide powers that trial courts have under Section 173(8) of the Code of Criminal Procedure to order re-investigations and investigate further during criminal trials. It notes that trial courts can charge new accused persons and summon them if the court believes they may have been involved in the offense based on evidence presented. However, the document argues that trial courts do not always make full use of these powers and provides several examples from a specific case where important witnesses were not examined or summoned. It emphasizes that courts have a duty to actively oversee proceedings and ensure a fair trial, rather than just acting as passive observers. The document advocates that trial courts should play a more proactive role in collecting evidence to arrive at the truth
The document summarizes key aspects of criminal charges under the Indian Code of Criminal Procedure. It defines what a charge is and discusses the purpose, contents, and errors related to criminal charges. Specifically, it notes that a charge gives the accused precise notice of the accusations against them to prepare their defense. It must state the offense, law violated, and essential facts like time, place, and details of the alleged crime. Precisely framing the charge is important to ensure a fair trial and due process.
The document provides an overview of the key stages of a civil suit under the Code of Civil Procedure, 1908 in India. It discusses the following main stages:
1) Institution of a suit through filing of a plaint.
2) Issuance and service of summons to the defendant.
3) Filing of a written statement by the defendant.
4) Framing of issues by the court based on the plaint and written statement.
5) Trial through examination of witnesses and presentation of evidence by both parties.
6) Arguments from both sides.
7) Pronouncement of judgment by the court.
8) Drawing up of a decree based
This document summarizes Section 164 of the Criminal Procedural Code of India regarding the recording of confessions and statements. It discusses that only judicial magistrates have the power to record confessions, not police officers. It outlines the procedures a magistrate must follow, such as ensuring any confession is made voluntarily and explaining that the accused does not have to confess. It discusses what information must be included in the recording and how it is handled and transmitted going forward. It also provides examples of related cases that further clarify interpretation and application of this section.
Qanun-e- Shahdath Order , {Documentary evidence}ShahMuhammad55
This document discusses documentary evidence in criminal trials under Pakistani law. It begins by introducing the stages of a criminal trial and the types of evidence presented. It then focuses on documentary evidence, explaining how documents are admitted into evidence and the best evidence rule. Key points include: documents must be properly submitted by the prosecution or defense and examined; the contents of a document are proven by the document itself under the best evidence rule; and documentary evidence has precedence over oral testimony in contradicting a document's contents according to Articles 102 and 103 of Pakistan's Evidence Act.
HEARSAY-EVIDENCE POWERPOINT FOR EDUCATIONAL PURPOSESRachealSantos1
The document discusses the rules and concepts regarding hearsay evidence. It provides that hearsay is an out of court statement offered to prove the truth of the matter asserted, and is generally inadmissible. However, there are exceptions where a statement is not considered hearsay, such as when the declarant testifies in court and is subject to cross-examination. The document also outlines the specific elements that must be met for a statement to be considered hearsay, and discusses reasons why hearsay is excluded, such as the lack of opportunity to cross-examine.
This document summarizes Rule 116 of the Rules of Criminal Procedure regarding arraignment and plea. It discusses how arraignment is conducted, the timeline for arraignment, how pleas are made, when a not guilty plea can be entered, what constitutes a valid plea bargain, and the circumstances under which arraignment can be suspended or a guilty plea withdrawn. Key points include that a not guilty plea must be entered if the accused presents exculpatory evidence or makes a conditional guilty plea, plea bargaining is limited to pleading guilty to a lesser included offense, and a guilty plea can be withdrawn if found to be improvident and the judgment is not yet final.
The document discusses pleadings in a legal case. Pleadings include the plaint filed by the plaintiff outlining their cause of action, and the written statement filed by the defendant responding to the plaintiff's claims and presenting any defenses. Pleadings must state only material facts, not law or evidence. Courts may allow parties to amend pleadings under certain terms and conditions. A plaint can be rejected if it does not disclose a cause of action, the relief claimed is below the court's value, if it is insufficiently stamped, or if the suit is barred by limitation. Summons are issued by the court calling a person to appear, and must contain their full name, case details, court address, and office seal
Leave to appeal under section 372 of the cr pcLegal
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3. When the accused appears or
is brought before court
pursuant to the commitment of
the case, the P.P. should open
the case by describing the
charge brought against the
accused and stating by what
evidence he proposes to prove
the guilt of the accused.
3
4. Where the accused does not
plead guilty, the court shall
call upon the prosecution to
adduce evidence in support
of its case. Evidence for the
prosecution shall be taken
on a day-to-day basis
(Section 309 of the CrRC).
4
5. Section 317 of the CrPC speaks
about inquiries or trial being held
in the absence of accused. Said
section provides that when
accused is represented by the
pleader, Judge may proceed with
such trail in absence of the
accused. But when the issue of
identity of the accused is involved,
trial may not proceed with in the
absence of accused.
5
7. It is enough if the witness deviates
from his previous statements made to the
police or when the Court considers it
necessary to grant the permission under
Section 154 of the Evidence Act, from the
witness's demeanour, temper, attitude,
bearing, tenor or tendency of his answers or
otherwise. It is open to the party who calls
the witness to seek permission of the court
under Section 154 of the Evidence Act, at
any stage of the examination. Please refer to
the ratio laid down by Hon'ble Apex Court in
the case of Dahyabhai Chhaganbhai
Thakker v. State of Gujarat - AIR 1964
SC 1563.
7
8. When the P.P. makes a request to declare
prosecution witness as hostile witness, the
court is actually granting permission under
two separate provisions of law. The first
permission that is granted is under Section
154 of the Evidence Act, permitting the P.P.
to put questions to his own witness which
might be put in cross-examination by the
adverse party. The second permission which
is granted is one under the proviso to
Section 162(1) of the CrPC wherein the P.P.
is permitted to confront the witness with his
statements made to the police.
8
9. Before the Hon'ble Supreme Court, in the
case of Bhagwan Dass v/s State (NRC)
Delhi, reported in AIR 2011 SC 1863,
the facts were:-
Mother of the accused stated before the
I.O. that her son had told her that he
killed the deceased but before the Court
she resiled form her statement made
before the police and was declared
hostile. Hon'ble Supreme Court under
these facts and circumstances held that
her statement before the police can be
taken into account.
9
10. Question:- What do
you reckon, how many
kind of witnesses can
be examined during
the sessions trial?
10
11. Hon'ble Gujarat High Court in the case of Manglu
Jivabhai Jalsaniya Vs. State Of Gujarat,
reported in 2014 (3) GLH 42, in para No.28 has
held that:-
A Panchnama which can be used only to
corroborate the panch has to be read over to the
panch and only, thereafter, it can be exhibited. If
the panch has omitted to state something which is
found in the panchnama, then, after reading over
the panchnama, the panch has to be asked whether
that part of the panchnama is correct or not and
whatever reply he gives has to be recorded. If he
replies in the affirmative, then only that part of the
panchnama can be read to corroborate the
substantive evidence of the panch.
Continued...
11
12. If he replies in negative, then that part of
the panchnama cannot be read in
evidence for want of substantive
evidence on record. It is, therefore,
necessary that due care is taken to see
that such a procedure is followed while
examining the panch as a witness. It is
also necessary that the Trial Judge
ensures that the panchnama is read over
to the panch witness and, thereafter,
panchnama is exhibited after following
the procedure, as indicated above.
12
13. Witness:-
Hostile witness – previous
statement made by him before I O
is contradicted by him in his
testimony before the court – such
previous statement, when can be
relied upon and what procedure
has to be followed?
13
14. Please refer para No.19 of the
ratio laid down by Full Bench of
Hon'ble Supreme Court in the
case of V. K. Mishra v/s
State of U.K., reported in
2015 (9) SCC 588, which is
followed in the case of
Krishan Chandra v/s State
of (NTC) Delhi, reported in
2016 (3) SCC 108.
14
15. Section 162 Cr.P.C. bars use of
statement of witnesses recorded by
the police except for the limited
purpose of contradiction of such
witnesses as indicated there. The
statement made by a witness before
the police under Section 161(1) Cr.P.C.
can be used only for the purpose of
contradicting such witness on what he
has stated at the trial as laid down in
the proviso to Section 162 (1) Cr.P.C.
15
16. The statements under Section 161
Cr.P.C. recorded during the
investigation are not substantive
pieces of evidence but can be used
primarily for the limited purpose:-
(i) of contradicting such witness by an
accused under Section 145 of Evidence
Act;
(ii) the contradiction of such witness
also by the prosecution but with the
leave of the Court and
(iii) the re-examination of the witness if
necessary. 16
17. Under Section 145 of the
Evidence Act when it is intended
to contradict the witness by his
previous statement reduced into
writing, the attention of such
witness must be drawn to those
parts of it which are to be used
for the purpose of contradicting
him, before the writing can be
used.
17
18. While recording the deposition of a witness,
it becomes the duty of the Trial Court to
ensure that the part of the police statement
with which it is intended to contradict the
witness is brought to the notice of the
witness in his cross-examination. The
attention of witness is required to be drawn
to that part and this must reflect in his cross-
examination by reproducing it. If the witness
admits the part intended to contradict him,
it stands proved, and there is no need for
the further proof of contradiction and it will
be read while appreciating the evidence.
18
19. If he denies having made that part of the
statement, his attention must be drawn to
that statement and must be mentioned in
the deposition. By this process the
contradiction is merely brought on record,
but it is yet to be proved. Thereafter, when
investigating officer is examined in the
court, his attention should be drawn to the
passage marked for the purpose of
contradiction, it will then be proved in the
deposition of the investigating officer who
again by referring to the police statement
will depose about the witness having made
that statement.
19
20. The process again involves referring to
the police statement and culling out
that part with which the maker of the
statement was intended to be
contradicted. If the witness was not
confronted with that part of the
statement with which the defence
wanted to contradict him, then the
Trial Court cannot suo motu make use
of statements to police not proved in
compliance with Section 145 of
Evidence Act that is, by drawing
attention to the parts intended for
contradiction. 20
21. For example, if the witness has stated in the
complaint & statement under Section 164
statement that ‘A’ gave the lethal blow on the
head but in the witness box, if he says that ‘B’
gave the lethal blow on the head, then there is
contradiction between the complaint & Section
164 statement on one hand and the substantive
evidence in the witness stand on the other
hand. Many a time defence counsel remain
silent in the fond hope that they can highlight
the contradiction by simply reading to the Judge
and comparing the former statements
(Complaint & Section 164 statement) and the
deposition of the witness. This is impermissible.
21
22. The former statement/s should be put
to him and his attention should be
drawn to the contradiction between
what he stated in the former
statement/s and the substantive
evidence.
In the above example he should be
asked, you have stated in the Court
that 'B' inflicted the lethal blow, but in
your complaint & Section 164
statement you have stated 'A' has
inflicted the lethal blow, is it not? 22
23. Defence counsels will get scared
to ask this question because of
fear that he may explain away.
For that sake, mandates of
Section 145 Evidence Act
cannot be thrown of. If he wants
to contradict the witness with a
former statement there is no
escape route other than Section
145 of the Evidence Act.
23
24. Only contradictions between two
substantive evidences can be read
out to the judge. For example, in a
case, if P.W.1 says in his evidence
that ‘A’ gave the lethal blow and
P.W.2 says that ‘B’ gave the lethal
blow, then there are two
contradictory substantive pieces
of evidences. Then the defence
counsel can read P.W.1 and P.W.2’s
evidence and show the
contradictions. 24
25. Question: When Defence tries to
elicit from the prosecution
witnesses that even before the
lodging of the F.I.R, police had
come to the scene of crime and
questioned the witnesses and had
taken their statements and
request the court to discard such
statements, as one hit by Section
162 of the CrPC, Whether this can
be allowed?
25
26. Very often the defence would elicit
from the prosecution witnesses
that even before the lodging of the
F.I.R, police had come to the scene
of crime and questioned the
witnesses and had taken their
statements. This is obviously to
offset such statements with a view
to request the court to discard
such statements as one hit by
Section 162 of the CrPC.
26
27. Make sure as to whether the visit
of the police was only to ensure
some unconfirmed report which
they might have received about
the occurrence and their
questioning of persons was only
towards that end or not.- Satish
Narayan Sawant v. State of
Goa, 2009 (17) SCC 724.
27
28. Section 161 and 162 of CrPC
read with Section 145 of
evidence Act:-
Question:-Whether prosecution
can be allowed to confront with
the previous statement of
Defence Witness whose
statement had been recorded
by I O u/s 161 of CrPC? 28
29. No.
Please refer to the ratio laid
down in the case of Tilok
Ram Jat v/s State of
Rajasthan, reported in
2015 (2) Crimes 664
(Raj).
29
30. Hearsay Evidence:-
Barring the statutorily exempted category,
hearsay evidence is not acceptable as legal
evidence in view of the implied prohibition
under Section 60 of the Evidence Act. Very
often non-occurrence witnesses may testify
before court that other persons told them
that the accused had stabbed the deceased
and so on. Such statements as such, need
not be recorded unless they constitute res
gestae evidence, extra judicial confession or
any other exempted category.
30
31. There may be, in a given case, more than one
accused or one witness having the same name.
Ensure that no mistake is committed on account
of this. After the initial mention by a witness of
the full name of an accused person or a witness
it is desirable to give in parenthesis the rank of
the accused or the witness as A2, C.W.5 or
P.W.3, as the case may be, so that whenever
the name of the same accused or witness is
made mention of by a witness, his full name
need not be repeated. This can help you to
avoid needless confusion. - Munney @ Rahat
Jan Khan v. State of U.P, reported in 2006
Cr.L.J. 4064 (SC).
31
32. Question 1 :- The evidence of
witnesses shall ordinarily be
taken down in which form?
Question 2:- If the witness
denies the correctness of any
part of the evidence, whether
the correction can be carried
out in the deposition?
32
33. The evidence of witnesses shall ordinarily be
taken down in the form of a narrative. (please
refer to Section 276(2) of the CrPC). After
recording the evidence of each witness it has to
be read over to the witness in the presence of
the accused as enjoined by Section 278(1) of
the CrPC. If the witness denies the correctness
of any part of the evidence then the correction
should not be carried out in the deposition but
instead the judge has to make a memorandum
incorporating the objection raised by the
witness and the remarks of the judge. (please
refer to Section 278(2) of the CrPC). Section
280 of the CrPC enables a court to record
remarks regarding the demeanour of the
witness. 33
34. Principle for relying on Multiple Dying
Declaration (DD) u/s 32 of Evidence Act:-
An important question is, in a case of multiple
variable dying declarations, which of the dying
declaration would be taken into consideration by
the Court, what principles shall guide the judicial
discretion of the Court or whether such
contradictory dying declarations would
unexceptionally result in prejudice to the case of
the prosecution, arises in the present case.
Held- Each DD to be considered independently
and only such DD which appears to be voluntary
and corroborated and reflect the correct
perspective, such DD is to be accepted.
Reference: Raju Devade Vs. State of Maharastra,
2016 (2) GLH 622. 34
35. Recording of evidence in the trail of
supplementary Charge-sheet:-
Evidence produced during the course of
earlier trail can be taken into consideration.
But said evidence (oral or documentary) can
be taken on record as it is. All depositions
and documents are required to be exhibited
in the current trail.
Please refer ratio laid down in the case of
State of Gujarat v/s Hanu Dharsi Vaghri,
reported in 2008 (4) GLR 2964 (DB) and
State of Gujarat vs. Hanu Dharshi
Vaghri, reported in 2017(2) GLR 1059
(DB). 35
36. Question :- When an
objection is raised with
respect to giving tentative
exhibit number to the
particular document,
whether such objection can
be decided at the time of
final arguments of the case
or at the very moment? 36
37. There are two categories of
objections:-
(1) an objection that the document
which is sought to be proved is itself
inadmissible in evidence for example
hearsay evidence
(2) where the objection does not
dispute the admissibility of the
document in evidence but is directed
towards the mode of proof alleging the
same to be irregular or insufficient.
37
38. For example of the Second Category:- If a
true copy which is prepared on the basis of
the original has been produced by the
witness during his examination in chief and
a prayer has been made to exhibit the
same on the ground that as same is the
certified copy of a public document and the
original had been brought before the court.
Said prayer has been objected by the
otherside on the ground that in terms of
section 76 of the Indian Evidence Act, the
questions are yet to be put during the
course of cross-examination and that the
decision for exhibiting the document be
taken after the cross-examination in respect
of such document is over.
38
39. In the first category of case,
objection can be raised at any time
whereas, in the case of second
category, the objection would be
required to be raised and dealt
with at the time when such
document is sought to be admitted
in evidence.- Ramnik S. Bhavishi
Vs. Tulsidas C. Gorvadiya, 2016 (2)
GLH 733.
39
41. Recalling of witness u/s 311 of Cr PC:-
Simple reading of provisions contained u/s
137 and 138 of the Evidence Act leads to
the conclusion that only prosecution has
right to 'recall witness for re-examination'.
Newly appointed advocate of the accused
can not be allowed to recall the prosecution
witness on the ground that earlier advocate
has failed ask certain questions (please refer
the ratio laid down by Hon'ble Bombay
High Madanmohan Chandak Kundanlal
v/s State of Maharashtra, reported in
2008 Cr LJ 968).
41
42. Even witnesses can not be
recalled on the ground that after
the recording of the deposition
of some witnesses, case has
been amicably settled between
the parties (please refer the
ratio laid down in the case of
Kali Vishwakarma v/s State
of Jharkhand, reported in
2007 (11) SCC 191).
Continued...
42
43. Witnesses can not be recalled on
the ground that the counsel for
the accused was sick and
therefore, he could not ask
relevant questions to the
concerned witness. (please refer
the ratio laid down in the case of
State of Haryana v/s Ram
Mehar, reported in AIR 2016
SC 3942).
Continued...
43
44. Recalling the witness u/s 311 of
the CrPC:- when can be called or
allowed?
Guideline issued in the case of Special
Criminal Application No.4902 of
2014 and Special Criminal
Application No.2583 of 2015 and
judgment delivered in the case of R.
H. Vadhiya v/s State of Gujarat,
reported in 2015 (2) GLR 1320 may
be taken into account.
44
45. 45
Question:- When court on its
own summons any witness
u/s 311 of CrPC and records
his deposition, whether in
such situation, prosecution /
complainant has right to cross
examine such witness?
46. 46
Held – Yes.
Please refer ratio laid down in the
case of Godrej Pacific v/s
Computer joint India, reported
in 2008 (3) Crimes 322 (SC).
48. Hon'ble Apex Court in the case of
Rammi v/s State of M. P,
reported in AIR 1999 SC 3544
has held that in the re-
examination u/s 137 & 138 of
Evidence Act, questions can not be
confined to ambiguities alone
which arose in cross examination,
and question can be put to witness
to obtain explanation required for
any matter referred into Cross.48
49. Plea of Alibi, u/s 11 of the
Evidence Act:-
How plea of Alibi has to be established
– Guideline thereof, issued in the ratio
laid down in the case of Vutukuru
Lakshmaiah v/s State of A.P.,
reported in 2015 (5) SCALE 478.
Plea of Alibi has to be raised by the
accused at the very first instance i.e.
at the time of opposing remand
application or at the time of seeking
bail. 49
50. U/s 133 of the Evidence Act, 1872 read with
Illustration (b) of Section 114 of the
Evidence Act:- Section 133 of the Evidence
Act provides that an Accomplice shall be a
competent witness against an accused
person and conviction is not illegal merely
because it proceeds upon the
uncorroborated testimony of an Accomplice.
Whereas, Illustration (b) of Section 114
provides that an Accomplice is unworthy of
credit, unless he is corroborated in material
particulars. Conjoint reading of both these
sections leads to confusion.
Question:- What is to be done is such
situation? 50
51. Section 133 of the Evidence Act provides
that an Accomplice shall be a competent
witness against an accused person and
conviction is not illegal merely because it
proceeds upon the uncorroborated
testimony of an Accomplice.
Whereas, Illustration (b)Section 114 of the
Evidence Act provides that an Accomplice is
unworthy of credit, unless he is corroborated
in material particulars. Conjoint reading of
both these sections leads to confusion.
Therefore, intricacies of both these sections
are required to be kept in mind by the
Sessions Judges. 51
52. The difficulty in understanding the combined
effect of the aforementioned two provisions
arises largely due to their placement at two
different places of the same Act. It may be
noticed that Illustration (b) attached to
Section 114 is placed in Chapter VII of
Evidence Act while Section 133 is inserted in
Chapter IX of the Evidence Act.
The better course was to insert the
Illustration (b) to Section 114 as an
Explanation or in any case as Proviso to
Section 133 of the Act instead of their
insertion at two different places and that too
in different chapters of Evidence Act. 52
53. In any case since an approver is guilty
companion in crime and, therefore, Illustration
(b) to S.114 provides a rule of caution, to which
the Courts should have regard. It is now well
settled that except in circumstances of special
nature it is the duty of the Court to raise the
presumption in S.114 Illustration (b) and the
Legislature requires that the Courts should
make the natural presumption in that section.
Though a conviction can be based on
uncorroborated evidence of an accomplice u/s
133 of the Act but as a rule of prudence it is
unsafe to place reliance on the uncorroborated
testimony of an approver as required by
Illustration (b) of S.114 of the Act.
53
54. Please refer to the ratio laid down
in the case of Suresh Chandra
Bahri v. State of Bihar, reported in
AIR 1994 SC 2420, which has been
followed in the cases of Francis
Stanly alias Stalin v. Intelligence
Officer, Narcotic Control Bureau,
Thiruvananthapuram, reported in
AIR 2007 SC 794 and Jarnail Singh
v. State of Punjab, reported in AIR
2010 SC 3699
54
55. Section 30 of the Evidence Act provides
that when more persons than one are being
tried jointly for the same offence or
offences, and a confession made, before the
commencement of trial, by one of such
persons affecting himself and some other
persons in respect of same offence or all the
offences affecting himself and some other
persons is proved, the Court may, where
there is other relevant evidence against
such other person or persons, take into
consideration such confession as lending
credence against such other person or
persons as well as against the person who
makes such confession. 55
56. To make such confessional statement
admissible following conditions should
be satisfied:-
(1) there has to be a joint trail of
accused and person making
confessional statement
(2) such confessional statement is
made before the commencement of
trial
(3) such statement must be affecting
himself and other accused of same
offence and
(4) such statement should be proved
as admissible. 56
57. Question :- How many
kinds of role Ld.
Magistrate plays while
committing the case to
the Court of Sessions?
57
58. Balveer Singh v/s State of Rajastha,
reported in 2016 (6) SCC 680 :-
An FIR was lodged against the appellants (In-
Laws of the deceased) and husband of the
deceased for offences punishable u/s 498A
and 304-B of IPC. Police did not file
chargesheet against the In-laws and filed
chargesheet against husband only for an
offence punishable u/s 306 of IPC. Father of
the deceased moved an application before
Magistrate to array In-laws of the deceased
as accused and also for addition of offences
punishable u/s 498A and 304-B of IPC, before
the case is committed to the Sessions court.
58
59. While committing the case to the Court of
Sessions, Magisterial dismissed said application
and same attained finality in eye of law as same
was not challenged. Before the Sessions Court,
father of the deceased moved another
application to issue summons against In-laws of
the deceased and for addition of offences
punishable u/s 498A and 304-B of IPC, which
was allowed. Matter went to the Hon'ble
Supreme Court, wherein Hon'ble Supreme Court
has held that the Court of Sessions can take
cognizance of the offence in term of Section
193 of the Code and need not to wait till the
stage of Section 319 of CrPC.
59
60. While committing the case to the Court of
Sessions, Magisterial plays two kind of roles,
Active and passive.
Now the question arises as to what is active role
and what is passive role?
When Magistrate does not agree with closure
report filed by the investigating agency and
decides to issue process against the accused by
passing reason order, it falls under the first
category – Active Role.
The case in hand falls under the second
category i.e. passive role.
60
61. Procedure to be followed by the
trial Court in the event of cross
cases:-
Hon'ble Apex Court in the case of
Nathilal v. State of U. P., reported
in 1990 (Supp) SCC 145 has pointed
out the procedure to be followed by
the trial Court in the event of cross
cases. It was observed thus:-
61
62. "We think that the fair procedure to adopt in
a matter like the present where there are
cross cases, is to direct that the same
learned Judge must try both the cross cases
one after the other. After the recording of
evidence in one case is completed, he must
hear the arguments but he must reserve the
judgment. Thereafter, he must proceed to
hear the cross case and after recording all
the evidence he must hear the arguments
but reserve the judgment in that case. The
same learned Judge must thereafter dispose
of the matters by two separate judgments”.
62
63. In deciding each of the cases, he can rely
only on the evidence recorded in that
particular case. The evidence recorded in
the cross case cannot be looked into. Nor
can the Judge be influenced by whatever is
argued in the cross case. Each case must be
decided on the basis of the evidence which
has been placed on record in that particular
case without being influenced in any manner
by the evidence or arguments urged in the
cross case. But both the judgments must be
pronounced by the same learned Judge one
after the other."
63
64. Question:- During the cross
examination of the investigating
officer, question by the defence
lawyer is put to him regarding the
manner of perpetrating the crime
by the accused and accused
explained the same to I.O. and the
alleged version of the accused as
given by the I.O. during his
deposition is recorded by the Trial
Judge, whether this is permissible?64
65. Very often inadmissible statements made by
investigating officers are blindly recorded by
the Trial Judges. The defence lawyer might
ask the investigating officer whether a
particular witness made a particular
statement before him when he questioned
the said witness.
The investigating officer may readily answer
the question. The defence lawyer is not
entitled to ask such a question, as the
answer to which would be in clear violation
of the bar under Section 162 of the Code.
65
66. Question:- When
investigating officer writes a
letter to any person and
such person responses by
reply letter, such reply letter
can be taken into
consideration?
66
67. This is not permissible, hence
cannot be allowed. When
investigating officer writes a letter
to any person and such person
responses by reply letter, such
reply letter is hit by Section 162
of the Code. -
Kali Ram v. State of H.P.,
reported in AIR 1973 SC 2773
(Three Judge). 67
68. Suppose, in a murder case a Post-
mortem report is admitted by
the defence lawyer and its
genuineness and authenticity is
not disputed, whether in such a
situation, can it be read as
substantive evidence to prove its
contents without doctor concerned
being examined?
68
69. Held- Yes. Please refer to the ratio
laid down by the Three Judges of
Hon'ble Apex Court in the case of
Akhtar v. State of Uttaranchal
– AIR 2009 SC (Supp) 1676
(Three Judges).
69
70. When a recovery falling under Section 27 of
the Evidence Act is sought to be proved through
the investigating officer, the necessary word or
words indicating authorship of concealment are
not seen elicited in many cases. The
investigating officer should depose to the exact
words of the accused which distinctly led to the
fact discovered. The words attributed to the
accused must find a place in the deposition of
the investigating officer. Please refer to ratio
laid down by Hon'ble Division Bench of Hon'ble
Gujarat High Court in the case of Rameshbhai
Hajabhai Chachiya v. State of Gujarat,
reported in 2012 (3) GLR 2250.
70
71. Question:-
When recovery is effected
pursuant to any statement
made by the accused and
document / panchnama
prepared by the Investigating
Officer, must necessarily be
attested by independent
witnesses?- 71
72. Held- No.
Please refer to ratio laid down
in the case of State Govt. of
NCT of Delhi v. Sunil,
reported in AIR 2000 SCW
4398; Satbir alias Lakha v.
State of Haryana, reported
in AIR 2012 SCW 5780 and
Musir Mubark v. State of
Haryana, reported in AIR
2013 SC 992. 72
73. Most of the time advocates for the
accused raise a defence that,
though accused and
witnesses/victim are knowing each
other since long, names of the
assailants were not given to the
doctor who treated the victim.
Whether injured witness is
required to give details/names
of the assailants, before the
Doctor? 73
74. Held- No. Please refer to ratio
laid down in the case of P.
Babu v. State of Andhra
Pradesh (1994 (1) SCC 388)
= AIR 1993 SCW 3174.
74
75. Above referred ratio i.e. P. Babu v.
State of Andhra Pradesh (supra) has
been followed in the following cases:-
a) Valson v/s State of Kerala, reported
in AIR 2008 SCW 5203, para 40.
b) Mulla v/s State of U. P., reported in
2010 Cr.L.J. 1440.
c) Kilakkatha Parambath Sasi v/s State
of Kerala, reported in AIR 2011 SC
1064, para 11.
d) Dalwadi Govind Amarsing v/s State
of Gujarat, reported in 2004 GLR 1258,
para 22. 75
76. In the following categories of cases
prosecution is not required to call witness
for examination:
- Report of Test Identification Parade of the
Executive Magisterial u/s 291-A of the Code.
- Officers of the Mint u/s 292 of the Code.
- Government Scientific Officers mentioned u/s
293(4) of the Code.
- Evidence of any person whose evidence is of a
formal character – u/s 296 of the Code.
- Confession/Statement recorded by Judicial
Magistrate u/s 164 of the Code. (Kasmira Singh
v/s. State of M.P., reported in A.I.R. 1952 SC 159
which is followed by Hon'ble Gujarat High Court
in Special Criminal Application No.141 0f 2014,
dated 7/11/2014). 76