Murder Trial Procedures and Section 145 of the Bombay Police Act: A Comprehensive Guide

2024 0 Supreme(Kar) 329

Where, the allegations in the FIR do not constitute a cognisable offence but constitute only a non-cognisable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. 25. ... Whether the proceedings contemplated under Section 200 of the Code can be di....

2025 Supreme(Online)(HP) 4298

the commission of a non-cognizable offence and the jurisdiction under Section 175(3) of BNSS could not have been exercised by learned Trial Court. ... We fail to understand how the Magistrate could have directed the police to investigate the offence of defamation punishable under Section 500 of the IPC. We are at a loss to understand....

Of these sections, section 121 deals with information relating to the commission; of a cognisable offence given to an officer in charge of a police station. ... the purpose of contradicting such police officer or inquirer, the provisions of the Evidence Ordinance, section 161 or section 145, as the case may be, shall apply. ... the purpose of contr....

2025 6 Supreme 403

145 of Evidence Act, 1872 or to corroborate his evidence as envisaged in Section 157 of Act of 1872 – However, in a criminal trial ... Corroboration/contradiction of evidence of a witness – A statement in FIR can normally be used only to contradict its maker as provided in Section ... of his conduct under Section 8 of the Act of 1872. ... Section 304 of the IPC prescribes the p....

2024 4 Supreme 257

(A) Indian Evidence Act, 1872 – Section 145 – Criminal Procedure Code, 1973 – Sections 161 and 162 – Impeaching ... As stated in the proviso to sub-Section (1) of section 162, the witness has to be contradicted in the manner provided under Section 145 of the Evidence Act. Section 145 reads thus: “145. Cross-ex....

2023 5 Supreme 539

The statement under Section 161 CrPC may attain relevance during the trial, where the defence may rely on it to contradict a witness in terms of Section 145 of the Indian Evidence Act 1872; c. ... for murder. ... Act. ... When a bodily or sexual offence is complained of, it is necessary to conduct a medical examination of the victim i....

2021 Supreme(Online)(MP) 6711

as provided under Section 145 of the Evidence Act. ... In that case the constitutional validity of certain provisions of the Bombay Lotteries and Prim Competition Control Act, 1952, as amended by Bombay Act No. ... First it has to be seen whether the offence falls within the ambit of Section 299 IPC. If the #HL_START....

Madhya Pradesh

145 of the Evidence Act. ... 145 of the Evidence Act..........” ... Section 145 of Evidence Act reads as under:- “145. Cross-examination as to previous statements in writing. ... First it has to be seen whether the offence falls within the ambit of Section 299 IPC. ... In that case the co....

2024 4 Supreme 650

(Paras 59 and 61) (E) Criminal Procedure Code, 1973 – Section 162 – Indian Evidence Act, 1872 – Section 145 ... 145 of Evidence Act, by drawing attention to parts intended for contradiction – A good, seasoned and experienced Public Prosecutor ... Investigating Officer – Statement before Investigating Officer can be used for contradiction but only after strict compliance with Section ... Although the conduct#HL_EN....

2024 Supreme(Online)(SC) 1954

Although the conduct of an accused may be a relevant fact under Section 8 of the Evidence Act, yet the same, by itself, cannot be a ground to convict him or hold him guilty and that too, for a serious offence like murder. ... The sine qua non for the application of an Exception to Section 300 always is that it is a case of murder but the accused claims....

2017 0 Supreme(Mad) 20

The offence under Section 3 of the PMLA is a non-cognisable offence. Section 45 (1) (a) of the Act was introduced by way of amendment under Act 20 of 2005 by which the words "every offence punishable under this Act shall be cognizable "were specifically omitted. It is further stated that the enforcement directorate has not followed the procedures established under law before initiating the investigation against the petitioners under PMLA or FEMA. Therefore, when the offence u....

2016 0 Supreme(Bom) 2021

Although the complaint is silent on the use of the forged document as genuine, it contemplates the offence under Section 471 Indian Penal Code and reads that whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record. The offence of forgery is both bailable and non - cognisable in nat....

2016 0 Supreme(Guj) 1699

Under Part II of the first schedule, classification of offences against other laws provide that offences punishable with imprisonment for more than 3 years and upwards would be cognisable and non-bailable. The same reads as under:- Offence Cognisable or non-cognisable Bailable or non-bailable If punishable with imprisonment for 3 years, and upwards but not more than 7 years Cognisable ....

2015 0 Supreme(P&H) 2320

Offence Cognisable Bailable or non-cognisable Bailable or non-cognisable The first legal issue which, thus, arises for consideration before this Court is that whether the offence is cognisable or non-cognisable in view of the amendment made and whether the authorities under the Act have any jurisdiction to investigate into the cognisable offence.

2012 0 Supreme(Guj) 746

(iii) “C” Neither true nor false, e.g., due to mistake of facts or being of a civil nature. He may of his own motion direct further enquiry or he may for special reasons permit a case to remain pending under investigation. (iv) “Non-cognisable” Police investigation reveals commission of only a non-cognisable offence. (4) A Sub-Divisional Officer is not bound to forward a final report to the Magistrate immediately.