Category: Criminal Investigation
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Accused in Police Custody- What is the correct approach- Bail being non-maintainable or it deserves rejection
For an in-depth understanding of the concept of Police Remand, please refer to the earlier article by the author here. Introduction Article 22 (2) of the Constitution of India[i] and Section 57 of CrPC[ii] give a mandate that every person who is arrested and detained in police custody shall be produced before the nearest magistrate within…
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Understanding Spot Panchnama/Site Inspection Memo/Naksha Mauka, their procedure, often raised objections, and evidentiary value
Introduction The word panchanama is not defined anywhere in law. The word panchanama has significant value as it is used by almost all the courts in number of cases. Not only the Criminal Courts but also the Civil Courts rely on document named panchanama to check veracity and truthfulness of the action taken by Officers…
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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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