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 … Continue reading Scope of Section 156(3) CrPC Curtailed – Analyzing the Order of J&K High Court
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 … Continue reading Understanding Inquest and its Procedure
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 … Continue reading Police Remand – Whether can be given on Demand
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 … Continue reading Amending s.311A, Code of Criminal Procedure, 1973 – A way to increase procedural efficiency
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 … Continue reading Why The Supreme Court’s Order On Extension Of Limitation Should Not Apply To “Default Bail” Under Section 167 (2) Cr.P.C.
INTRODUCTION India is one of the most populous countries in the world. This demographic statistic gives ample room for heinous crimes to breed in. The recent atmosphere of chaos and euphoria among the masses, with the encounter killing of Priyanka … Continue reading Analysing Section 154 of CrPC after Amendment in 2013: A Speedy Step for Justice