04 March

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Disclosure Statements and Charges under NDPS Act

Posted by lexel

Charge Framing upon Disclosure Statement under Section 29 of the NDPS Act not sustainable in absence of Material Evidence Usually, it is seen that the prosecution in order to falsely implicate the accused, without any evidence, relies solely on the disclosure statements of other accused. These disclosure statements are involuntary and are recorded by the police from the other accused when they are in custody and therefore the element of coercion and undue influence always prevail in such disclosure statements which challenge the very authenticity of such statements. The police during investigation makes these disclosure statements as the basis for the...

04 January

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Understanding Bails in Murder Cases

Posted by lexel

in Criminal Law, High Court, Judgments

Understanding Bails in Murder Cases In a criminal case specifically during consideration of bails in murder cases under Section 302 IPC, evidence placed on record is of foundational importance. In a matter pertaining to bail in a murder case based on circumstantial evidence, the main contention which can lead a judge to exercise discretionary power and grant the concession of regular bail is an incomplete chain of events and allegation based upon conjectures and suspicion with no material corroborating evidence to establish a prima facie case against the accused. In other words absence of facts which can be proved as a...

25 May

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Understanding Sec. 37 of the NDPS Act & powers of High Court to grant Bail in NDPS Cases

Posted by lexel

in Criminal Law, High Court, Judgments

Understanding Sec. 37 of the NDPS Act & powers of High Court to grant Bail in NDPS Cases: Drugs-related NDPS cases are dealt under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The law makes cultivation, consumption, abating consumption, sale or transaction of narcotic drugs and psychotropic substances listed under the NDPS Act as crime. A perusal of Sec. 37 of NDPS Act shows that it starts with a non-obstante clause stating that: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 no person accused of an offence prescribed therein shall be released on Bail unless the conditions contained therein were...

13 July

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Jail Inmates also entitled to Right to Life

Posted by lexel

in Criminal Law, High Court, Judgments, Legal Updates

Right to life is guaranteed to all including the Jail inmates. As remarkably stated in a white paper published by the British Government titled “People in Prison” that if a society wants to judge its quality of belief in the worth of individual beings, it should see its prison and probation services and the resources made available to them. In a democratic country like India where rights of its citizen is one of the most important part of the system, also thrives to ensure that each and every individual is guaranteed his fundamental right to life. In a recent judgment the Punjab...

25 January

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Husband’s anticipatory bail in 498A case from High Court

Posted by lexel

in High Court, Judgments

Once at the instance of the wife (complainant), the FIR under Sections 498-A/406 IPC is registered it is better option to take Anticipatory Bail in the offences as read in the FIR. Usually, the entire family of the husband is entangled in the FIR. When the in-laws move for anticipatory bail in the court, they are usually granted anticipatory bail since they form a separate household unit distinct from that of their son (husband). The Supreme Court in various judgments have quoted that the Sections under 498a and 406 under the Indian penal code are widely misused and for no reason...

Case Study

Disclosure Statements and Charges under NDPS Act

Understanding Bails in Murder Cases

Understanding Sec. 37 of the NDPS Act & powers of High Court to grant Bail in NDPS Cases

Jail Inmates also entitled to Right to Life

Husband’s anticipatory bail in 498A case from High Court