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Explanation and Correct interpretation of the word Custody in Section 170 CrPC 1. Introduction Section 170 CrPC reads – Section 170 in The Code of Criminal Procedure, 1973 170. Cases to be sent to Magistrate when evidence is sufficient. (1) If, upon an investigation under this Chapter, it appears to the officer-in-charge of the police…
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“67. Human liberty is a precious constitutional value, which is undoubtedly subject to regulation by validly enacted legislation. As such, the citizen is subject to the edicts of criminal law and procedure. Section 482 recognises the inherent power of the High Court to make such orders as are necessary to give effect to the provisions…
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“One very important thing that young lawyers must know is that when one argues a case and later in the evening you ponder over it and say, that’s what I should have said (but you never said it), that’s the only regret. It could have been the winning point or something you wish you had…
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“There is a higher court than the court of justice and that is the court of conscience. It supersedes all other courts.” “Facts mean truth, and once we adhere to truth, the law comes to our aid naturally.” “In matters of conscience, the law of the majority has no place.” “An unjust law is itself…
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It is the statutory duty of Police to investigate into a complaint of cognizable offence. Police investigation is not only a statutory duty but also a constitutional obligation of the Police. “24. In the criminal justice system the investigation of an offence is the domain of the police. The power to investigate into the cognizable…
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“Liberty, taking the word in its concrete sense consists in the ability to choose.” “Human beings are so made that the ones who do the crushing feel nothing; it is the person crushed who feels what is happening. Unless one has placed oneself on the side of the oppressed, to feel with them, one cannot…
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The Supreme Court rulings stress the necessity for reliable testimony in convicting based on an eyewitness account. If credibility is questionable, independent corroboration is required. Factors like unnatural witness behavior or unexplained circumstances can undermine credibility. Each case demands examining witness conduct and corroborating evidence critically before conviction. “8. It is a settled principle of…
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