BNSS VS CRPC – FIR and Trial related issue you must know – Here is an expected misinterpretation of the BNSS, which will soon be explained by the other High Courts and the Hon’ble Supreme Court. This one is from the Rajasthan High Court in the case of Krishna Joshi v. State of Rajasthan (S.B. Criminal Misc(Pet.) No. 4285/2024, DT. 09.07.2024).
Here is a short article on when a chargesheet/ police report submitted by the police is deemed to be a “complaint” as per the Cr.P.C./BNSS.
When does a chargesheet become a “Complaint” as per the Cr.P.C./ BNSS? Read Post »
Once the Supreme Court settled that a High Court exercising it’s inherent jurisdiction cannot quash a First Information Report if the ingredients of an offence are made out from the contents of the First Information Report, many informants, usually guided by their counsels, try to register FIRs by cleverly drafting in settled-ingredients of the offences they want the accused to be charged with. Once this is done, the High Court may not be able to quash the FIR unless it goes beyond the drafting, and tries to consider the question of such cleverness exercised by the informant with regard to the surrounding circumstances in which the FIR came to be registered.
FIR registered by clever drafting – Whether Quash is possible? Read Post »
Have you noticed that in every bail judgment from the Madras High Court or from any Sessions Court in Tamil Nadu, there is a specific paragraph added incase bail is granted. Such a paragraph specifies that incase the accused violates any conditions mentioned in the bail order, the Magistrate shall have the power to cancel bail. For this, the Courts refer to the landmark case from the Hon’ble Supreme Court – P.K. Shaji v. State of Kerala (AIR 2005 SC 100). Learn the meaning and history such judgment here!
Can you skip the mandate of having to file 156(3) Cr.P.C. petitions for a direction to register FIR, by directly approaching the High Court? If yes, in what circumstances?
Can bail in bailable offences be cancelled? Which Court can cancel bail in bailable offences? Which Cr.P.C.,1973, provisions can be invoked to cancel bail in bailable offences?
Bail in bailable offences – Which Court can cancel it? Read Post »
