91. Suvvada Ravi Sekhar VS State of Andhra Pradesh - 10 Feb 21
(1) No person accused of an offence can move court for bail Under Section 439 Cr.P.C. unless he is in custody.(2) Question whether a person is under arrest or not, depends not on legality of arrest, but on whether he has been deprived of his personal liberty to go wherever he pleases.
to have committed offences punishable under Sections 307, 326, 427, 503, 506, 323, 120B r/w 34 of Indian Penal Code, 1860 and Section ... 3 of Prevention of Damage to Public Property Act, 1984 – No person accused of an offence can move court for bail Under Section 439 ... custody – He who is under control of court or is in physical hold of an officer with coercive power is in custody for the purpose of Section ... Sections 437 and 439 of Code of the Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking regular bail to the petitioner/A-4 in ... charge or of preventing the commission of a criminal offence. ... Accordingly, this Criminal Petition is allowed. The petitioner/Accused No.
India - Crimes
92. A. S. Nayagam VS M. Shiva Kumar - 07 Jun 78
Difference between section 249 and 256.
Code of Criminal Procedure, 1973-Sectopm 249-Distinction between the provisions of Sections 249 and 256. ... In the present Code, section 256(2) found in the procedure prescribed for trial of summons ... Shiva Kumar son of the late Mariyappa, to prosecute Criminal Case No. 436 of 1977 instituted by Mariyappa-the father of Mariyappa ... The records of the case disclose that Mariyappa filed a complaint before the Magistrate alleging offences under sections 447, 440
India - Madras
93. Abhishek Banerjee VS Directorate Of Enforcement - 11 Mar 22
Sections of CrPC would apply only if the field is not covered, in any manner, by the provisions of the special enactment by way of the PMLA.
Procedure Code, 1973 – Sections 160 and 482 - Criminal Conspiracy and illegal excavation and theft of coal - Police officer’s power ... section 65 and 71 of PMLA, it evident that section 160 will have no application as the field is occupied by Section 50 of the PMLA ... Section 65 read with Section 71 of the PMLA further provides that while certain provisions of CrPC may apply in case there exists ... The PMLA being a special criminal enactment providing for a separate investigative procedure and power, it is imperative ... Sr. counsel for the Petitioners urges that by virtue of Section 4 (2) of the CrPC and Section 65 of the PMLA, the procedure with ... That reading of Section 2 of the Code r/w Section 26 (B) which governs any criminal proceeding as regards the course of which
India - Delhi
94. Lal Singh etc. etc. VS State of Gujarat - 09 Jan 01
Important points1. For convicting the accused under Section 3(3) TADA Act, it is not necessary that someone should be convicted under Section 3(2) for commission of a terrorist act.2. Section 15 TADA Act is an important departure from the ordinary law and must receive the interpretation which would achieve the object of that provision and not frustrate or truncate it.3. A confession recorded under Section 15 of the TADA Act is a substantive piece of evidence and can be used against a co-accused also.Q
(i) Terrorist and Disruptive Activities (Prevention) Act, 1987 - Section 3(3) - Indian Penal Code, 1860 - Section 120-B - Criminal ... and Disruptive Activities (Prevention) Act, 1987 - Section 3(3) - Criminal conspiracy for subversive and terrorist activities in ... 3(3) - Indian Penal Code, 1860 - Section 120B - Criminal conspiracy for subversive and terrorist acts in India - A2, a Pakistani ... procedure and the rules or the guidelines framed by the Bombay High Court for recording the confession by a Magistrate under Section ... 3(3) of TADA Act, Section 5 Explosive Substances Act read with Section 120B IPC was passed. ... 3(3) and 5(1) of the TADA Act as well as Section 120B IPC and under Section 25(1)(a) of Arms Act.
India - Crimes
95. State of Karnataka VS Anand Manjunath Pai - 14 Jul 88
It is not necessary that the seizure of the vehicle should be simultaneous with the seizure of the forest produce, for applying Section 71(G) of Karnataka Forest Act.
On the respondent-owner of the vehicle making an application under Section
India - Crimes
96. Rama VS State Of Rajasthan - 05 Apr 02
In a criminal appeal, a duty is enjoined upon the Appellate Court to reappraise the evidence itself and it cannot proceed to dispose of the appeal upon appraisal of evidence by Trial Court alone especially when appeal has already been admitted and placed for final hearing.
In our view, the procedure adopted by the High Court is unknown to law. ... Upholding such a procedure would amount to negation of valuable right of appeal of an accused which cannot be permitted under law ... Indian Penal Code, 1860-Sections 326 and ... 326 and 325 read with section 34 of the Indian Penal Code. ... In our view, the procedure adopted by the High Court is unknown to law. ... The said criminal appeal was filed in the year 1987 and duly admitted.
India - Supreme Court
97. Ashok Kumar @ Golu VS Union of India - 10 Jul 91
Effect of Section 433A - Criminal Procedure Code is to restrict the exercise of power u/ss 432 & 433 of the Code by the stipulation that the power will not be exercised as would enable the two categories of convicts referred to in section 433A to freedom before they have completed 14 years of actual imprisonment.
It is in the context of aforesaid provisions that we must read section 433A. ... Thus the effect of section 433A is to restrict the exercise of power under sections 432 and 433 by the stipulation that the power ... Section 54 empowers the appropriate government to commute the punishment of death for any other punishment. ... His appeal, Criminal Appeal ... Merely because the Criminal ... Procedure Bill was made law and the Indian Penal Code (Amendment) Bill was passed by the Rajya Sabha did not obligate the Lok Sabha
India - Crimes
98. Vijay Madanlal Choudhary VS Union of India - 27 Jul 22
(1) Offence of money laundering is an independent offence regarding process or activity connected with proceeds of crime which had been derived or obtained as a result of criminal activity relating to or in relation to a scheduled offence – It has nothing to do with criminal activity relating to a scheduled offence.(2) Provisional attachment order – Authorised officer cannot resort to action of provisional attachment of proceeds of crime mechanically – Only upon satisfaction that person possesses proceeds of crime is charged with commission of scheduled offence and that there is likelihood of concealment, can the officer proceed to issue provisional attachment order.(3) Process of searches and seizure is not only for inquiry into process of money laundering but also prevention – Search of a female person can be done only by a female.(4) ED Manual is internal document and in nature of administrative orders – Common public may not be entitled to access such confidential administrative instructions.(5) Offence of money-laundering cannot be registered by jurisdictional police who is governed by regime under Chapter XII of Cr.P.C.(6) Classification or grouping of offences for treating the same as relevant for constituting offence of money laundering is a matter of legislative policy – It is not open to Court to have a second guess at such a policy.
false information or failure to give information – Section 63 is procedure established by law and it has clear nexus with purposes ... under Chapter XII of 1973 Code – Under Section 4 of 2002 Act, special complaint procedure is prescribed by law – Dispensation regarding ... activity relating to or in relation to a scheduled offence – This offence otherwise has nothing to do with criminal activity relating ... procedure. ... It was submitted that the procedure being followed under the PMLA is draconian as it violates the basic tenets of the criminal justice ... In that sense, Section 63 is the procedure established by law.
India - Supreme Court
99. Pankaj Mehra etc. VS State of Maharashtra - 15 Feb 00
Very Important PointA company cannot escape from penal liability under Section 138 of Negotiable Instruments Act on the premise that a petition for winding up of the company has been presented and was pending during the relevant time.
This position is made clear in Section 440(2) which says that “the court shall not make a winding up order on a petition presented ... Enforceability of a debt is not to be tested on the touchstone of the modality or the procedure provided for its realisation or ... Negotiable Instruments Act, 1881 —Section 138 r/w Section Enforceability of a debt is not to be tested on the touchstone of the modality or the procedure
India - Dishonour Of Cheque
100. Mohammed VS State of Kerala - 17 Jun 04
Offence punishable under Section 138 of Negotiable Instruments Act in respect of 6 separate cheques can proceed in one trial.
Negotiable Instruments Act, 1881—Section 138—Criminal ... Therefore it appears to be easy to conclude that the offences under Section 138 in respect of those cheques can easily be held to ... Procedure Code, 1973—Sections 221, 218, 219—Dishonour ... Section 219. ... Section 220. ... 219(l) must control Section 220(1) also.
India - Dishonour Of Cheque