AI Overview...
Summary of Sources on Criminal Law (Amendment) Act, Acceptance, and Related Proceedings
Key Points and Insights
-
Special Judge Jurisdiction & Amendments: Several sources discuss the jurisdiction of Special Judges under the Criminal Law (Amendment) Act, 1952, emphasizing that certain offences, particularly those involving corruption or offences under specific sections like 161 I.P.C., are triable only by Special Judges as per Section 7 of the Act. For example, Source GAYA PRASAD MISRA VS STATE OF UTTAR PRADESH - Allahabad highlights the interpretation of Section 7, clarifying its scope regarding offences under the Act.
-
Prevention of Corruption (Amendment) Act, 2018: Multiple references (Sources GOPAKUMAR.K vs STATE OF KERALA - Kerala, Nannu Mal Pahadia S/o Chhote Lal vs State of Rajasthan, Through P.P. - Rajasthan) focus on cases involving allegations of bribery and corruption under the 2018 Amendment. The courts have quashed FIRs when evidence of demand or acceptance of bribe is lacking, indicating a stringent requirement for establishing such elements before proceeding with prosecution.
-
Tendering of Pardon and Approver Examination: Sources Not Found VS Not Found - Crimes, Re : Chief Judicial Magistrate, Trivandrum. VS In Re : Chief Judicial Magistrate, Trivandrum. - Kerala discuss procedures related to tendering pardon to accused persons under Section 306 of the Cr.P.C., especially in cases triable by Special Judges. The courts clarify that once pardon is tendered and accepted, the approver can be examined, and cases can be committed to the appropriate court, provided the offence is exclusively triable by a Special Judge.
-
Legal Procedures and Court Orders: Several entries (Sources Prabakar @ Prabhu vs The State of Tamilnadu - Madras, S. Nalini VS State of Tamil Nadu - Madras) mention the procedural steps following arrest or charges, such as surrendering before courts, or the legal necessity of certain approvals (e.g., Governor's recommendation for release in death penalty cases). These underscore the importance of strict adherence to procedural requirements in criminal proceedings.
-
Case-specific Judgments and Quashings: Certain cases involve the quashing of FIRs or criminal proceedings due to lack of evidence or procedural lapses (Sources Nannu Mal Pahadia S/o Chhote Lal vs State of Rajasthan, Through P.P. - Rajasthan, Sanjay Dinanath Tiwari VS Director General of Police (Anti Corruption) - Bombay). These highlight the courts' role in ensuring that prosecution meets the evidentiary threshold before proceeding.
Analysis and Conclusion
The amendments introduced by the Criminal Law (Amendment) Act, 1952, and subsequent amendments like the 2018 Prevention of Corruption (Amendment) Act, have reinforced the jurisdiction of Special Judges for specific offences, particularly corruption-related crimes. The procedural aspects, especially regarding tendering pardon and examining approvers, are clearly delineated to prevent misuse and ensure fairness.
Crucially, courts have demonstrated a cautious approach, quashing proceedings when evidence is insufficient or procedural requirements are unmet. The process of acceptance of an accused's plea or pardon, and the subsequent steps, are governed by strict statutory provisions, ensuring that criminal proceedings are conducted within the legal framework.
References: - GAYA PRASAD MISRA VS STATE OF UTTAR PRADESH - Allahabad - GOPAKUMAR.K vs STATE OF KERALA - Kerala - Prabakar @ Prabhu vs The State of Tamilnadu - Madras - S. Nalini VS State of Tamil Nadu - Madras - Ram Chandra Prasad VS State Of Bihar - Supreme Court - Sanjay Dinanath Tiwari VS Director General of Police (Anti Corruption) - Bombay - L. Ganesh Balaiah VS The Director General of Police - Madras - Not Found VS Not Found - Crimes - Re : Chief Judicial Magistrate, Trivandrum. VS In Re : Chief Judicial Magistrate, Trivandrum. - Kerala - Nannu Mal Pahadia S/o Chhote Lal vs State of Rajasthan, Through P.P. - Rajasthan
Search Results for "In Criminal Case Amendment my Acceptance"
1959 0 Supreme(All) 183 • India - Allahabad
J.K.TANDON, R.A.MISRA
by a Special Judge under the Criminal Law (Amendment) Act, 1952? ... was triable only by a Special Judge under the Criminal Law (Amendment) Act, 1952. ... - JURISDICTION - SPECIAL JUDGE - CRIMINAL LAW (AMENDMENT) ACT, 1952 - SECTION 7 - INTERPRETATION. ... ... ( 22 ) SECTION 7 of the Criminal Law (Amendment) Act has merely laid down that the offence under Section 161 I. P. ... ... ( 20 ) ADMITTEDLY the Criminal Law (Amen....
2025 Supreme(Online)(Ker) 44133 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
Prevention of Corruption (Amendment) Act, 2018 , by the accused and the allegation is that the petitioner while working as the Sub Inspector of Police, Maradu Police Station, demanded Rs.10,000/- as bribe from the complainant to release his vehicle involved in an accident. ... In such a case, prosecution case is strongly made out, prima facie. 8. ... The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from dis....
2025 Supreme(Online)(Mad) 24955 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
B. Pugalendhi, J
4.Considering the facts and circumstances of the case, this Criminal Original Petition is ordered with a direction to the petitioner to surrender within a period of two weeks from the date of receipt of a copy of this order before the learned Judge, I Additional District Court for SC/ST (Prevention
2022 0 Supreme(Mad) 3813 • India - Madras
MUNISHWAR NATH BHANDARI, N. MALA
writs - Petition has been filed seeking release of petitioner recommendation of Council of Ministers - Petitioner is a convict criminal ... Constitution of India, 1949 - Article 226, 161, 72, 142, 163 - Foreigners Act, 1946 - Section 14 - Indian Penal Code, 1860 - Section 302 - Amendment ... issue especially last petition - Release cannot be directed even by court absence of acceptance resolution by Governor of recommendation ... by the Amendment Act of 1978. ... By judgment dated 11.5.1999 in Death Reference C....
1961 0 Supreme(SC) 191 • India - Supreme Court
K.SUBBA RAO, RAGHUBAR DAYAL
Court under S. 10 of the Criminal Law Amendment Act, 1952. 3. ... Whether there was sufficient corroboration of the statement of the contractor about the demand and acceptance of the bribe? ... He also contended that there was no proper corroboration of the statement of the contractor about the demand and acceptance of the ... It is contended for the appellant that S. 531 of the Code of Criminal Procedure is not applicable to this case in view of sub-s. (1) of S. 7 and S. 10 of the Criminal#HL....
2012 0 Supreme(Bom) 382 • India - Bombay
MOHIT S.SHAH, ROSHAN DALVI
Whether a prima facie case of cognizable offense was made out? 4. ... The Court held that a prima facie case of cognizable offense was made out. ... Fact of the Case: Petitioner filed a PIL seeking investigation into the financial affairs of Respondent Nos. 9 to 14 ... Law Amendment Act, 1944 and Section 102 of the Cr.P.C. as articulated in the case of EssarLogistics Ltd. ... The State of Madras 1971 CR.L.J. 523] Though the explanation required to be given by a public servant is essentially at the clo....
2008 0 Supreme(Mad) 2930 • India - Madras
R.BANUMATHI
on Rule 14(b) of the Tamil Nadu Special Police Subordinate Service Rules was justified due to the petitioner's involvement in a criminal ... the validity of Rule 14(b) and the explanation therein, stating that a person acquitted on benefit of doubt or discharged in a criminal ... case under Sec.323 and 324 IPC, despite being acquitted on benefit of doubt. ... Amendment to Rules were introduced only on 30.1.2003 in G.O.(Ms.) No.101, Home (Police-IX) Department and therefore, selection process is not influenced by the said....
• India - Crimes
S.PADMANABHAN
by Chief Judicial Magistrate-Such recording not to debar Magistrate from examining approver under section 306(4) or committing case ... Criminal Procedure Code, Section 306(4)-Chief Judicial Magistrate tendering pardon to accused-Such Magistrate need not make over case ... of Special Judge appointed under the Criminal Law Amendment Act, 1952 if the offence is exclusively triable by the Court. ... After tendering pardon and its acceptance and after examining the approver under section 306(4) the Magistra....
1987 0 Supreme(Ker) 171 • India - Kerala
S.PADMANABHAN
Tendering Pardon - Criminal Procedure - Code of Criminal Procedure, Section 306 - The judgment discusses the application of Section ... Fact of the Case: The case involves the tendering of pardon to an accused in 'Mark list cases' and subsequent doubts ... The court clarifies the procedure for tendering pardon, examination of the approver, and the commitment of the case to the Court ... Judge appointed under the Criminal Law Amendment Act, 1952 if the offence is exclusively triable b....
2025 0 Supreme(Raj) 1677 • India - High Court of Rajasthan (Jaipur Bench)
GANESH RAM MEENA
(A) Prevention of Corruption (Amendment) Act, 2018 - Sections 7, 7A - Indian Penal Code, 1860 - Section 120B - Quashing of FIR ... - Accused petitioner's request to quash FIR for alleged bribery and conspiracy - No evidence of demand or acceptance of bribe established ... (Paras 10, 22) ... ... Result: Criminal proceedings against the accused petitioner quashed. ... Alwar-I, for the offences punishable under sections 7, 7A of the Prevention of Corruption (Amendment) Act of 2018 (for short ‘the amendment#HL_EN....
Filter by Legal Phrase
