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Supreme Court: Surviving Partner In Mutual Suicide Pact Liable For Abetment

SURVIVING PARTNER IN A MUTUAL SUICIDE PACT IS LEGALLY CULPABLE. 117. Notwithstanding the culpability of the act of purchasing pesticide, the Accused’s participation in a suicide ...
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Bombay HC: It is mandatory for police to produce accused before nearest Magistrate even if they can reach jurisdictional Magistrate within 24 hours

(a) It is declared that the Petitioner was not produced before the nearest Magistrate within 24 hours, thereby making his arrest illegal. (b) Consequently, the Petitioner shall be released on bail on ...
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Supreme Court: Disclosure Statements Made U/S 27 Evidence Act outside Police Custody Not Admissible

The memorandum Under Section 27 of the Evidence Act produced as Ex. P4 indicates the same having been drawn up on 13.10.2018 at 10.30 A.M. The only admissible portion in the said memorandum is: 'I ...
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Allahabad HC: Direction For Re-Recording Of Victim's Statement U/S 183 BNSS Can Be Given Only In 'Exceptional Circumstances

Ordinarily no routine direction for second statement under Section 183 B.N.S.S. can be given but under exceptional circumstances. High Court in exercise of it’s extraordinary jurisdiction, if ...
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Bombay HC Quashes FIR Against 85-Yr-Old For 'Inverted' Display Of Indian Flag; Says 'Intention To Insult' Essential Under National Honour Act

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From Vein to Verdict: Blood Sampling SOP & Courtroom Reliability of DNA Evidence under BNSS (2023)

This note sets out: (i) the BNSS statutory authority to collect biological samples, (ii) the Supreme Court’s uniform ...
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Bombay HC: Whether Motor accident claim tribunal should allow amendment of claim petition from S 166 of MV Act to S 163A of MV Act if income of petitioner exceeds 40000/ per annum?

The Court is very much conscious of the fact that the merits of the proposed amendment cannot be looked into. The fact, however, remains that no fruitful purpose would be served by granting ...
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Her Word, Her Capacity: Judicial Handling of Intellectually Disabled Rape Victims’ Testimony

There is no psychiatric evaluation, no IQ assessment, no description of the degree of intellectual disability, and no medical board report. Before recording the prosecutrix’s evidence, the then ...
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“Shielding the Dishonest?” – Supreme Court Split Verdict on Section 17A PC Act in Centre for Public Interest Litigation v. Union of India

In substance, it protects dishonest public servants, not honest ones; those with integrity “really do not require any such protection”. The provision undermines the object of the Prevention of ...
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Supreme Court: Magistrate can recommend change of the investigating officer under investigation U/S 156 of CRPC so that a proper investigation is done in the matter

This Court has held in Sakiri Vasu v. State of U.P., that if a person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being ...
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What offence is made out if after killing his wife husband hangs her to show that she has committed suicide?

The post-mortem report prepared on autopsy conducted by Dr. PC Jain (PW-8) shows that there was ligature mark on the neck of the deceased which was anti-mortem. The opinion of the doctor is clear and ...
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Supreme Court: Magistrate can monitor the investigation to ensure a proper investigation U/S 156 of CRPC

If such an application Under Section 156(3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, ...