AI Overview...
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Remand and Judicial Orders - Courts have emphasized that magistrates and investigating officers cannot arbitrarily add, delete, or alter offences during the course of investigation or remand without proper legal authority. For instance, courts have held that the I.O. cannot unilaterally modify FIR sections (01400031330, INDGAU00000053947), and magistrates must adhere to the specific offences sought during remand proceedings, with any deviation requiring legal justification (02500019897, 02500017199). Courts have also clarified that remand orders should be confined to offences sought by the I.O., and exceeding this authority constitutes a jurisdictional error Apriya Chikro VS State of Arunachal Pradesh - Gauhati, Apriya Chikro vs THE STATE OF AP - Gauhati, SANAUAL HAQUE VS STATE OF UTTAR PRADESH - Allahabad, Sanaul Haque VS State of U. P. - Allahabad.
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FIR Modification and Section 482 Cr.P.C. - The scope of Section 482 of the Criminal Procedure Code allows for the quashing of FIRs if additions or deletions are made unlawfully or without proper jurisdiction. Courts have quashed FIRs where sections were added or deleted by the I.O without judicial approval, especially when such modifications alter the nature of the offences or are made during investigation without proper authority (INDGAU00000053947).
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Legal Limits on Adding or Deleting Sections - The courts have reinforced that any addition or deletion of sections in FIRs or during investigation must be within the legal framework. The State Government or authorities cannot unilaterally impose or modify conditions or offences unless explicitly permitted by law or rules, such as in contracts or licenses (02300031706). Similarly, in tax assessments or contractual conditions, authorities cannot arbitrarily change terms without legal basis (INDITAT00000006028).
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Remand and Offence Specification - Judicial remand must strictly correspond to the offences sought by the investigation agency. Courts have held that passing remand orders for offences not mentioned in the FIR or not sought by the I.O. exceeds jurisdiction and is liable to be set aside (02500017199). Any attempt to add or delete offences during remand without proper authority is considered illegal.
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Implications for Criminal Procedure and Investigation - The overarching principle is that investigation and remand procedures are bound by legal limits, and any deviation—such as adding or deleting sections—without judicial approval violates constitutional and procedural safeguards. Courts have consistently quashed or remanded cases where such violations occurred, emphasizing adherence to lawful procedures (01400031330, INDGAU00000053947, 02500019897).
Analysis and Conclusion:
Courts have underscored that the power to add, delete, or modify sections in FIRs or during remand is restricted and must be exercised within the bounds of law. Unauthorized alterations by investigating officers or authorities undermine procedural fairness and judicial authority, leading to quashing or remand of cases. Proper judicial oversight is essential to maintain the integrity of criminal proceedings, ensuring that amendments are made only through lawful channels and within the scope of statutory provisions.
Search Results for "Remand Delete Add Section"
2021 0 Supreme(Gau) 677 • India - Gauhati
Indian Penal Code, 1860 – Sections 366-A, 498-A, 506, 376, – Criminal procedure Code, 1973, Section 482, ... 320, 173 – Protection of Children from Sexual Offences Act , 2012 –Section 4/6 – Husband or relative of husband of a woman subjecting ... criminal intimidation – Offence of rape – Quashing for First Information Report – Procuration of minor girl – Application, under section ... Mantaw, the learned counsel for the petitioners, submits that the I.O. of the case cannot by himself add or de....
• India - Gauhati High Court - Itanagar Bench
ROBIN PHUKAN, J
(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of FIR - Petitioners sought to quash the FIR registered under Sections ... 498A/506 IPC based on a settlement deed - The FIR disclosed serious offences under Section 366-A IPC and POCSO Act concerning a ... Mantaw, the learned counsel for the petitioners, submits that the I.O. of the case cannot by himself add or delete any section during the course of the investigation. ... It is further held in the said revision that the I....
2007 0 Supreme(All) 2479 • India - Allahabad
RAVINDRA SINGH
167 and 57—(Indian) Penal Code, 1860—Sections 325, 323, 452, 504, 506 and 326—Remand—Judicial order under Section 326 of IPC—FIR ... is having option to refuse remand or to pass Judicial remand for offence not sought by I.O. or alter or add offence sought by I.O ... registered under Sections 452, 326, 323, 504 and 506 of IPC—During investigation I.O. prayed for granting Judicial remand for offence ... The learned Magistrate concerned is always empowe....
2007 0 Supreme(All) 2483 • India - Allahabad
RAVINDRA SINGH
Judicial Remand - Criminal Procedure - Section 326, 325, 323, 504, 506 I.P.C. - Section 167 Cr. P.C. ... The revisionist argued that the Magistrate exceeded jurisdiction by passing remand for the offence under section 326 I.P.C. at the ... judicial remand for the offence not sought by the I.O. or to alter or add the offence sought by the I.O. ... O. to add some more offence or delete some offence, in the remand ord....
2025 Supreme(Online)(ITAT) 3689 • India - Income Tax Appellate Tribunal (Ahmedabad Bench)
Dr. B.R.R. Kumar, VP, Shri Siddhartha Nautiyal, J
related to the Assessment Year 2018-19, asserting errors in dismissing the addition of Rs. 15,00,000/- as unexplained money under Section ... CIT(Appeals), NFAC has erred in law and in facts in levying fees u/s 234F of the Act and that it needs to be deleted. 6. The appellant craves leave to add, alter, amend, delete and/or modify any or all grounds of this appeal. ... CIT(Appeals), NFAC has erred in law and in facts in levying penal interest u/s 234A of the Act and that it needs to be deleted. 5. In th....
1998 0 Supreme(P&H) 1180 • India - Punjab and Haryana
IQBAL SINGH
Finding of the Court: The court held that the State Government can add or delete any condition of contract which is ... State of Bihar, A.I.R. 1991 S.C. 1148, to hold that the State Government can add or delete any condition of contract which is not ... MINES - ADDITIONAL CONDITIONS - LEGALITY - HARYANA MINOR MINERAL CONCESSION RULES, 1964 - RULE 33 - RULE 61 - WHETHER THE STATE CAN ADD ... There is nothing in the rules to show that the State Government cannot add or delete....
2025 Supreme(Online)(ITAT) 4871 • India - Income Tax Appellate Tribunal (Ahmedabad Bench)
Dr. BRR Kumar, VP, Suchitra Kamble, JM
(A) Income Tax Act, 1961 - Section 68 - Unexplained cash deposits - Deletion of addition by CIT(A) upheld due to lack of sufficient ... Findings of Court: ... The CIT(A) found that the submissions made regarding cash deposits were credible and not contested by the AO in remand ... (Paras 1, 7) ... ... (B) Appeal - The authority of the CIT(A) to delete additions when provided ... The CIT(A) has called for the remand report and the same is reproduced in Para 6.2.3 of the said order. ... The Assessing Officer completed t....
2025 Supreme(Online)(ITAT) 6430 • India - Income Tax Appellate Tribunal (Jaipur Bench)
RATHOD KAMLESH JAYANTBHAI, AM, NARINDER KUMAR, JM
evidence, treating it sketchy and upholding the addition under Section 68. ... (A) Income-tax Act, 1961 - Section 68 and 153A - Appeals filed against the order of the CIT(A) rejecting admission of additional ... court emphasized that in the absence of incriminating material, additions to already completed assessments cannot be made under Section ... Therefore, we remand back the issue raised in this appeal to the file of Assessing Officer. ... The appellant hereby craves the leave to add, dele....
2025 Supreme(Online)(ITAT) 3686 • India - Income Tax Appellate Tribunal (Ahmedabad Bench)
Dr. B.R.R. Kumar, VP, Shri Siddhartha Nautiyal, J
The court finds that despite numerous notices issued under section 250, the appellant did not provide necessary details regarding ... The same is bad in law and deleted. 2. Your appellant prays to add, amend, alter, modify or delete any grounds of appeal at the time of hearing. 3.
• India - Crimes
B.N.AGARWAL, G.S.SINGHVI, AFTAB ALAM
53 read with section 45 of the Penal Code meant imprisonment for the rest of life of the prisoner and two, a convict undergoing ... actually serving out the term of twenty years, as the case may be, mainly on two premises; one, an imprisonment for life, in terms of section ... Indian Penal Code, 1860 – Sections 302 and 201 – Prosecution of appellant for causing death of her wife by administering her sleeping ... We may add a footnote to the ruling in Rajendra Prasad case. ... Kesar Singh, this Court observed as follows [....
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