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Code of Criminal Procedure – CrPC

  • Magistrate’s Power under Section 156(3) CrPC

    11. In this connection we would like to state that if a person has a grievance that the police station is not registering his FIR under Section 154 CrPC, then he can approach the Superintendent of Police under Section 154(3) CrPC by an application in writing. Even if that does not yield any satisfactory result […]

  • Supreme Court on Honourable Acquittal in Criminal Cases

    The phrase Honourable Acquittal is neither defined in Criminal Procedure Code (CrPC) nor defined in Indian Penal Code (IPC). However, the Hon’ble Supreme Court in a plethora of cases has deliberated on the issue (of honourable acquittal) to clarify the concept and its wide ramifications 1. Introduction Acquittals play a crucial role in the criminal […]

  • Duty of Applicant to Disclose all Material Facts

    The underlying object has been succinctly stated by Scrutton, L.J., in the leading case of R. v. Kensington Income Tax Commrs.– (1917) 1 KB 486 : 86 LJKB 257 : 116 LT 136 (CA) in the following words: (KB p. 514) “… it has been for many years the rule of the court, and one […]

  • Section 239 CrPC – Discharge and Probative Value of Material on Record

    11.2. In the recent decision of this Court in State of Karnataka v. M.R. Hiremath, (2019) 7 SCC 515, one of us (D.Y. Chandrachud, J.) speaking for the Bench has observed and held in para 25 as under: “25. The High Court [M.R. Hiremath v. State, 2017 SCC OnLine Kar 4970] ought to have been cognizant of the fact that the […]

  • Section 227 CrPC – Considerations at the time of Framing of Charge

    “11.1. In P. Vijayan v. State of Kerala, (2010) 2 SCC 398, this Court had an occasion to consider Section 227 CrPC. What is required to be considered at the time of framing of the charge and/or considering the discharge application has been considered elaborately in the said decision. It is observed and held that at the stage of […]

  • Right of the Accused during Investigation

    An aggrieved person can only claim that the offence he alleges be investigated properly, but he has no right to claim that it be investigated by any particular agency of his choice. The decision to investigate or the decision on the agency which should investigate, does not attract principles of natural justice. The accused cannot […]

  • Power of Magistrate to direct further investigation – Section 156(3) CrPC

    19. The power of the Magistrate under Section 156(3) to direct further investigation is clearly an independent power and does not stand in conflict with the power of the State Government as spelt out hereinbefore. The power conferred upon the Magistrate under Section 156(3) can be exercised by the Magistrate even after  submission of a […]

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