Category: Criminal Investigation
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What is the Fate of a Criminal Case when the Complainant/Informant dies without proving the FIR
It is very well settled that crime is against society as a whole and the state prosecutes the accused on behalf of the victim/society. But, there might be some peculiar situations where the person who lodges the First Information Report with the police (he may be merely a witness who saw the incident or he […]
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Understanding the conundrum: Forcing to give specimen handwritings during the investigation to subsume under ‘compelled to be a witness against himself’
Introduction Article 20(3) of the Indian Constitution provides an accused with immunity against self-incrimination. It is founded on the legal principle “nemo teneteur prodre accussare seipsum,” which translates to “No man is required to testify against oneself.” This right may extend to the accused’s testimony in court, compulsion on the accused to produce or permit […]
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Arrest Warrant and Role of Magistrate
As a regular writer, I try to focus upon the problems that I as Magistrate regularly encounter in court. One such problem is the issuance of a Non-Bailable warrant, at what stage it can be issued, and can it be issued on mere asking by a Police officer and guidelines, if any, that need to […]
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Second FIR- An Open Question of Law
Introduction It was in the 1979 case of Ram Lal Narang v Om Prakash Narang that an important aspect of the criminal procedure code relating to the permissibility of second FIR came into light. The case involved an incident wherein two FIRs had been lodged. The second FIR was lodged after receipt of fresh information […]
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Understanding Inquest and its Procedure
Investigation on an inquiry under Section 174 of the Code is distinct from the investigation as contemplated under Section 154 of the Code relating to commission of a cognizable offence. In the present case, the Mumbai Police has done nothing except attempting to stretch the purview of Section 174 without drawing up any FIR. Hon’ble […]
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No Transfer of Investigation under Section 406 CrPC; CBI Investigation need of the Hour – Understanding the Rhea Chakraborty’s Case
“When truth meets sunshine, justice will not prevail on the living alone but after Life’s fitful fever, now the departed will also sleep well. Satyameva Jayate.“ Today, we saw the much awaited Judgement in Rhea Chakraborty’s case being pronounced by the Hon’ble Supreme Court. The law was already settled through previous pronouncements but still there […]
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