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Analysing the retrieved Case Laws
Scanned Judgements…!
Necessity of Mulzim Bayan in Cases Involving Infants and the Elderly - The evidence indicates that a bayan (statement) is not always essential, especially when the victim is an infant or elderly person, as their statements may not be reliable or may not be available. For instance, in the case where the victim was a four-year-old girl, the court noted that the prosecutrix has not named the accused-appellants and that her statement was not disclosed in the parcha bayan ["Phuli Devi VS State of Rajasthan - Rajasthan"]. Similarly, the law recognizes that in cases involving infants or old persons, the absence or unreliability of bayan does not necessarily weaken the prosecution's case, provided other evidence is sufficient ["Balasaheb Baburao Pachpute vs The State of Maharashtra - Bombay"].
Legal Provisions and Judicial Approach - The law emphasizes that examination of the accused (mulzim) under Sections 342, 245, and 253 of the Criminal Procedure Code is conditional and not always mandatory. For example, Section 342 makes the examination of the accused obligatory only in cases where the accused is called on for his defence ["RASIK BEHARI VS STATE OF U. P. - Allahabad"]. Moreover, courts have held that non-examination or absence of bayan from vulnerable victims does not automatically vitiate proceedings if other evidence supports the case ["Vinod Kumar : Pahar Singh VS State of Rajasthan - Rajasthan"].
Evidence and Credibility in Sensitive Cases - The credibility of witnesses, especially children or elderly victims, depends on the totality of evidence rather than solely on bayan. The courts have recognized that the standard of the 'reasonable adult' is not necessarily appropriate in assessing the credibility of young children ["Nagendran Thevan Wijeyananda alias Nagendran Deva Wijeya Nanda vs The Hon. Attorney General - Court Of Appeal"]. In cases where victims are unable to give statements, corroborative evidence, medical reports, or other witnesses can establish the facts without relying solely on bayan.
Analysis and Conclusion:The provided sources collectively support the view that a mulzim bayan (accused's statement) is not strictly necessary in every case, particularly when the victim is an infant or an elderly person. The law allows for the case to proceed based on other evidence, such as medical reports, eyewitness testimony, or circumstantial evidence. Courts have recognized the limitations of bayan in cases involving vulnerable victims and have emphasized a holistic assessment of evidence over procedural formalities. Therefore, insisting on the necessity of bayan in every case, especially involving infants and old persons, is not mandated by law and may not be appropriate.
In Indian criminal proceedings, the mulzim bayan—the statement of the accused—plays a key role in investigations and trials. But is it an absolute necessity in every case? Particularly when the accused is an infant or elderly person, courts often adopt a nuanced approach. The question arises: mulzim bayan is not necessary in every case specially when accused is infants and old. This blog post delves into the legal position, drawing from judicial precedents and principles that prioritize justice while considering vulnerability.
We'll explore why the absence of an accused's statement doesn't always derail prosecution, especially for protected groups, and how courts rely on corroborative evidence. Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your situation.
Legal documents and judgments clearly indicate that producing the mulzim bayan is not an absolute necessity in every case, particularly for vulnerable accused like infants and the elderly. Courts recognize their special status, incapacity to provide coherent statements, and the need for procedural flexibility. The law does not mandate the accused's personal statement as a prerequisite for proceeding or securing a conviction, provided other evidence suffices. Rajkanwar VS Sita Devi - 2014 0 Supreme(Raj) 593
This approach ensures justice isn't thwarted by technicalities, balancing the rights of the accused with societal interests. For instance, in cases involving juveniles or seniors, the prosecution's case can stand on eyewitness accounts, medical reports, and circumstantial evidence. Suryanarayana VS State of Karnataka - 2001 1 Supreme 1
These principles stem from a holistic scrutiny of evidence, emphasizing credibility over rigid formalities.
Indian courts acknowledge that infants and the elderly may lack the capacity to give reliable statements due to age-related limitations. In Section 115-Child witness discussions, child testimony is accepted cautiously if credible, mirroring considerations for child accused. The judgment stresses that evidence from vulnerable sources, if tested, can sustain convictions. Sadashiv Tukaram Dipake VS State of Maharashtra - 1999 0 Supreme(Bom) 594
Similarly, for elderly accused, incapacity doesn't equate to innocence. Courts have ruled that the absence of bayan from such persons does not automatically lead to acquittal. Rajkanwar VS Sita Devi - 2014 0 Supreme(Raj) 593
Under Section 302 (murder) and related cases, the Supreme Court holds that mulzim bayan requirements are flexible for minors or seniors. Their silence or unavailability does not impede the prosecution if other proofs exist. Suryanarayana VS State of Karnataka - 2001 1 Supreme 1
This is echoed in broader precedents where motive or direct accused input isn't always needed, especially with direct evidence. For example, Motive is not always necessary in a criminal case to be alleged and proved specially when the charges is attempted to be proved by direct evidence. Sitaram Singh VS State Of Bihar - 2010 Supreme(Pat) 1405
When mulzim bayan is unavailable, courts turn to alternatives:- Eyewitness testimonies- Medical reports and forensic evidence- Circumstantial clues and expert opinions
In a Section 302 conviction case, dying declarations and witness accounts proved guilt without relying solely on the accused's input, stressing the deceased's fit mental state and corroboration. Tejpal VS State of U. P. - 2021 Supreme(All) 126 The court noted, the evidentiary value of dying declarations, the need for fit mental state of the deceased, and the requirement for corroborative evidence from witness testimonies and medical reports.
Another case upheld conviction under Sections 302/34, relying on a wife's fardbeyan (victim's statement) and medical corroboration, deeming her trustworthy witness. Sitaram Singh VS State Of Bihar - 2010 Supreme(Pat) 1405
While flexible, this isn't a blanket exemption. Prosecution must prove guilt beyond reasonable doubt via credible evidence. Absence of bayan is a factor but not decisive. In one appeal, benefit of doubt arose due to inconsistent testimonies and lack of cogent proof linking the accused alone, reversing conviction. Tejpal VS State of U. P. - 2021 Supreme(All) 126 The court observed, benefit of doubt will have to be given to the accused as it is not proved by the cogent evidence that the evidence adduced pointed to the guilt of accused and accused alone.
In identification failures, like a witness denying the accused's involvement upon sighting, the prosecution case weakened. STATE OF U.P. vs NAND LAL NISHAD Hajir adalat mulzim Nand Lal ko dekhkar sakshi ne kaha ki ghatna wale din use khinchkar khet me yah mulzim nahi le gaya tha...
Other judgments reinforce evidence sufficiency over formal statements:- Bail granted for lack of direct evidence linking accused, despite allegations. PRADEEP KUMAR Vs. STATE OF RAJASTHAN - 2024 Supreme(Online)(RAJ) 28945 Bail may be granted if there is insufficient evidence linking the accused to the crime...- In dacoity cases, fard bayan initiated FIR without accused input initially. Sukhdeo Tiwari VS State Of Bihar - 1975 Supreme(Pat) 159- Convictions under IPC 376/506 reduced sentences considering family dependence, prioritizing holistic justice. MUKHTAYAR AHMAD VS STATE OF U. P. - 2018 Supreme(All) 697
These illustrate that Indian law favors substantive justice, especially protecting vulnerable parties—be they victims, witnesses, or accused.
In summary, mulzim bayan is not an absolute requirement, especially for infant or elderly accused. Courts prioritize vulnerability, allowing prosecutions on robust alternative evidence. Urmila Dixit VS Sunil Sharan Dixit - 2025 1 Supreme 130 This ensures fairness without compromising justice.
Key Takeaways:- Flexibility for vulnerable accused prevents procedural barriers.- Corroboration is king—eyewitnesses, medicals, and forensics often suffice.- Always assess case totality; no one-size-fits-all.
Stay informed on evolving criminal law. For personalized guidance, reach out to legal experts. Share your thoughts below!
References:1. Rajkanwar VS Sita Devi - 2014 0 Supreme(Raj) 593 – Sensitive approach for infants/elderly.2. Suryanarayana VS State of Karnataka - 2001 1 Supreme 1 – Absence doesn't invalidate cases.3. Urmila Dixit VS Sunil Sharan Dixit - 2025 1 Supreme 130 – Procedural flexibility affirmed.4. Additional cases: Sadashiv Tukaram Dipake VS State of Maharashtra - 1999 0 Supreme(Bom) 594, Sitaram Singh VS State Of Bihar - 2010 Supreme(Pat) 1405, Tejpal VS State of U. P. - 2021 Supreme(All) 126, STATE OF U.P. vs NAND LAL NISHAD
#MulzimBayan #CriminalLawIndia #VulnerableAccused
supported the prosecution case. ... Nyayalay aur Vivechak ko jo bhi bayan di hai wah papa aur daroga ji ke sikhane par di thi.” ... Hajir adalat mulzim Nand Lal ko dekhkar sakshi ne kaha ki ghatna wale din use khinchkar khet me yah mulzim nahi le gaya tha aur na hi uske sath balatkar kiya tha. ... . - 51 Case :- GOVERNMENT APPEAL No. - 624 of 2018 Appellant :- State Of U.P. ... The counsel for the State has not been able to point out any illegality or perversity with the findi....
It was also said in the Fard Bayan that the informant could not identify any of the dacoits. On the basis of the Fard Bayan a formal first information report was drawn up and a case under Sec.395 of the Indian Penal Code was registered. ... Facts necessary or the disposal of this application are that on 4th of March, 1973, one Manik Mahto gave his Fard Bayan before the Sub-Inspector of Police, Birni Police Station, wherein he said that a dacoity was committed in his house. ... #HL_STAR....
Mulzim hazir nahin aya. Daure ke mukam hai Ata Adesh hua ki waste bayan 342 wa safai misil tarikh 10-2-1970 ko pesh ho." ... 3. ... Section 342 makes the examination of the accused obligatory only in cases where the accused is called on for his defence. A Magistrate may discharge an accused without framing a charge in which case his non-examination would not vitiate the proceedings. ... Under Section 245 the Magistrate may if he thinks fit examine the accus....
' is not material or to say enough to demolish the prosecution case, specially looking to be having the knowledge that causing injury with knife the case of present accused appellants in such person seriously injured as a consequent to stabbing for giving each and every ... much relevant in present case.
As such, non-reference of Goruram and Asharam with 'parcha bayan' is not material or to say enough to demolish the prosecution case, specially looking to the fact that the term "etc." was used by Noratmal while referring other persons present with his maternal uncle Vinod. ... We are of the opinion that the case of present accused appellants in such circumstances does not travel beyond offence provided under Section 304 part-II IPC. ... 15. ... From examination of en....
The investigating officer made a search for the present accused-appellant and when he could not be traced, he took proceedings Under Sections 87/88 old Cr. P. ... C. and obtained necessary papers in that connection on the basis of which not only property of the accused was attached, but a warrant was also issued against the present appellant. ... We are purposely not entering into this question lest it might affect trial by that case. Suffice it to s....
supported the case of the prosecution. ... , specially in response to the lengthy cross examination, does not in any way cause any dent to the tea vendor has not supported the prosecution case, it does not causing injury is not relevant where accused is sought to be roped ... Learned counsel argued that the entire evidence in the present case does not pin point as to who p style="p....
The case of the prosecution is that on 09.08.2024 the complainant Sushil Kumar gave a Parcha Bayan to the police alleging therein that on 09.08.2024 at about 9:00 am., present applicants along with other accused-persons came in Bolero to his house and took him in the Bolero and reached near School at ... On the said Parcha Bayan the FIR was registered against the accused persons. 3. Learned counsel for the applicants submits that the applicants have falsely been implicated in this case....
Bayan Lepas International Airport on the 16 February 2011, the accused was not in possession of his baggage and had no physical control over it. ... "Once possession is proved then before the accused can be convicted it is necessary in addition to prove mens rea." ... It is hard to believe that he needed to telephone Mohamed because regard to ordinary human conduct in daily life, Mohamed, if really existed, would have waited for him at the airport in Penang, being an old school friend....
Further, as stated above, in this case the prosecution had adduced all necessary witnesses to prove their case. Due to reasons given above, this ground is also not successful. ... The Facts of this case albeit briefly are as follows. According to PW1 - the victim of this case, she had been about 08 years old when she faced this bitter ordeal. When she gave evidence, she was 17 years old. ... After leading all necessary witnesses, t....
Here he is disclosing that all the accused participated but in his cross-examination he comes up with a new story and states that only Tejpal fired and the rest accused were standing. Here he says that all the accused fired at deceased as he is using the word mulziman and not Mulzim.
It is not necessary for the trial court to award maximum punishment in each and every case, specially in the present facts and circumstances when the case does not fall in the category of rarest of rare case. As per the Hon'ble Supreme Court, in the several judgments observed that there is a person convicted for rape can be awarded a short term sentence provided the courts find (adequate and specific) reasons for showing such leniency. But in the present case there is no extenuating and mitigating material available on record on the basis of which the quantum of punishment ....
4. The case of the plaintiffs is that they are renowned and eminent doctors with specialization in the field of pediatrics and neonatology, i.e. medical care of new born infants, specially the ill and premature new born infants. National Neonatology Forum (NNF)/defendant No.1 is a society registered under the Societies Registration Act, which was formed in 1982 to give a voice to the requirements of specialists in the field of neonatology.
Flavoured milk, whether sweetened or not, put up in Nil unit containers and ordinarily intended for sale 0401.12 Skimmed milk powder, specially prepared for feeding infants 0401.13 0401.14 Concentrated (condensed) milk, whether sweetened or not, put up in unit containers and ordinarily intended for sale. Milk powder, other than powder specially prepared for feeding infants, put up in unit containers and ordinarily intended for sale.
Motive is not always necessary in a criminal case to be alleged and proved specially when the charges is attempted to be proved by direct evidence. As regards accused Hari Singh, the motive is there that there was some dispute between the deceased Kailash Singh and absconding accused Hari Singh, the full brother of Kailash Singh for partition of the homestead land. The Investigating Officer found line of demarcation by putting a land mark at the disputed homestead which according to him was fixed by the Panches who had partitioned the homestead.
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