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Code of Criminal Procedure – CrPC

  • Need for Introduction of Section 41A of CrPC

    The argument that low conviction rates justify arrests as punishment is rejected, emphasizing that only courts should determine guilt, not police. Rising crime due to population growth and unemployment doesn’t negate the need for law reform focused on serious crimes over minor offenses. The Supreme Court has directed releases in minor and non-economic offenses. “But […]

  • Guiding Principles for Quashing Charges under Section 482 CrPC / 397 CrPC

    “1. Though there are no limits of the powers of the Court under Section 482 of the Code but the more the power, the more due care and caution is to be exercised in invoking these powers. The power of quashing criminal proceedings, particularly, the charge framed in terms of Section 228 of the Code […]

  • Role and Importance of a Public Prosecutor

    “The Prosecutor has a duty to the state, to the accused and the Court. The Prosecutor is all times a minister of justice, though seldom so described. It is not the duty of the prosecuting counsel to secure a conviction, not should any prosecutor even feel pride or satisfaction in the mere fact of success.” […]

  • FIR is a Public Document – Section 74 Indian Evidence Act

    81. It is an undisputed position of law that the FIR is a public document defined under Section 74 of the Evidence Act. Various High Courts have expressed this view from time to time. a) In the case of Channappa Andanappa Siddareddy and others v. State 1980 Crl LJ 1022, the Karnataka High Court held […]

  • Power under Section 482 CrPC to be used sparingly

    The Supreme Court of India in Paramjeet Batra v. State of Uttarakhand & Ors., (2013) 11 SCC 673 observed as follows- 7. While exercising its jurisdiction under Section 482 of the Code the High Court has to be cautious. This power is to be used sparingly and only for the purpose of preventing abuse of […]

  • SC Guidelines on Interim Orders by High Court in 482 CrPC / Art 226

    In view of the above and for the reasons stated above, our final conclusions on the principal/core issue, whether the High Court would be justified in passing an interim order of stay of investigation and/or “no coercive steps to be adopted”, during the pendency of the quashing petition under Section 482 Cr.P.C and/or under Article […]

  • Cross Cases / FIR – Supreme Court Guidelines

    1. What are Cross Cases or Cross FIRs? Cross cases or Cross FIRs refer to situations where two parties file separate First Information Reports (FIRs) in response to an incident, each accusing the other of a crime. This typically happens when both parties involved in an altercation or dispute accuse each other of wrongdoing, leading […]

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