Supreme Court Reinforces Safeguards for Arrest Procedures and Undertrial Rights In a significant development in the ongoing case of Satender Kumar Antil v. CBI & Anr. (Miscellaneous Application No. 2034/2022 in MA 1849/2021 in SLP(Crl) No. 5191/2021 ), the Supreme Court of India has issued critical directives aimed at strengthening procedural safeguards for undertrial prisoners […]
Notice to Accused & Witnesses by Police in India Read More »
In criminal cases, when a company is made an accused, the company, being a juristic person, authorizes a representative to represent the company before the Court. Section 305 of Code of Criminal Procedure, 1973 (“Cr.P.C.”)/ Section 342 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNNS”) deals with the procedure when a company is an accused.
In criminal cases, pursuant to the issuance of the summons to the accused by the court, the accused appears before the Court and seeks bail in non-bailable offences or directly furnishes bail bonds in bailable offences up to the satisfaction of the Court. After securing bail and furnishing of bail bonds, an accused is required
In complaint cases, a complainant files a complaint along with relevant material/ documents to support his case. After consideration of the complaint and the material filed along with the complaint and examination of the complainant and other witnesses on oath, a Magistrate issues summons to the accused if the Magistrate is of prima-facie view that
Recently, the Hon’ble Supreme Court of India, dealt with an appeal titled M/s SAS Infratech Pvt. Ltd vs. State of Telangana & Anr. bearing Criminal Appeal No. 2574/2024[1] filed by the complainant against an order of Hon’ble High Court for the State of Telangana at Hyderabad which was decided vide judgment dated 14th May 2024.
Remedy Against Order Passed Under Section 156 (3) Of Cr.P.C. Read More »
The Bharatiya Sakshya Adhinyam, 2023 (BSA) replaces the Indian Evidence Act of 1872 (IEA) and it was approved by both the Lok Sabha and Rajya Sabha on December 20 and December 21, 2023, respectively, before receiving presidential assent on December 25, 2023. The key objectives of BSA are to modernize, simplify, and streamline how evidence
Bharatiya Sakshya Adhiniyam, 2023 Vs Indian Evidence Act, 1872 Read More »
In the case of Hansmukh v. State of Gujarat & Ors. (AIR 1981 SC 28) has held that while the expression “grounds” in Article 22(5) includes not only conclusions of fact but also all the basic facts on which those conclusions are founded, and they are different from subsidiary facts or further particulars of these
Criminal Proceedings: Basic Facts Vs Subsidiary facts: Meaning & Importance Read More »
Some of the prominent confusions that have been prevailing within the Bar and the Bench pertain to the applicability of Sections 397 to 401 and 482 of the Cr.P.C. and Article 227 of the Constitution of India, include the confusion relating to the Court which can be approached first and after that. Is there any
The Allahabad HC recently in ‘Mahant Prasad Ram Tripathi @ M.P.R. Tripathi vs. State of U.P. Thru C.B.I./ A.C.B. Lucknow’[1] has held that a telephonic conversation recorded between two accused, whether illegally obtained or not, would be admissible in evidence. In this case C.B.I. recorded a telephonic communication between two accused persons on a digital
As per Section 276B of the Income Tax Act, 1961 (“IT Act”), if a person fails to deposit the tax deducted by him with the Central Government within the stipulated period, an offence is deemed to have been committed under the present section. The section is reproduced herein below: Section 276B- Income Tax Act –
Prosecution Under Section 276b Of The Income Tax Act For Failure To Deposit TDS Read More »
