Tag: CrPC
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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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Scope of Section 156(3) CrPC Curtailed – Analyzing the Order of J&K High Court
An order passed by Judicial Magistrate under Section 156(3) of CrPC[i] directing investigation was set aside by the J&K High Court yesterday on the ground that Section 156(3) of CrPC can’t be used at Post-Cognizance Stage. The High Court went further to such an extent that it directed the State Judicial Academy to conduct training […]
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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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Police Remand – Whether can be given on Demand
The recent custodial deaths in Tamil Nadu has provided us with an opportunity to write one more post in continuation of our series on Police Inaction and Excesses and to have a look into salutary provisions of arrest and remand as provided under CrPC. The focus of the present post will be on Police Custody […]
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Amending s.311A, Code of Criminal Procedure, 1973 – A way to increase procedural efficiency
There are constant deliberations & conversations among the legal fraternity on how to increase procedural efficiency as far as the Code of Criminal Procedure, 1973 and criminal trials are concerned. Increasing procedural efficiency by finding and correcting loopholes in various statutes has always been an important subject in the legal field with many legal thinkers […]
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Why The Supreme Court’s Order On Extension Of Limitation Should Not Apply To “Default Bail” Under Section 167 (2) Cr.P.C.
The COVID-19 pandemic has bought with itself unprecedented challenges for the judiciary. This has made the task of striking a balance between upholding the rule of law and preserving basic human rights, tougher than ever before. Bail is the principal right of an accused. The need to protect personal liberty is enshrined in the Indian […]
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