Search Results for "Incarceration"

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Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

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Supreme Court Acquits Accused in Murder Case Due to Unreliable Evidence and Contradictions in Prosecution Version. Conviction Under Sections 148, 302/149 and 324/149 Indian Penal Code, 1860 Set Aside as Dying Declaration Was Unreliable and Witness Testimony Contradictory.

The Supreme Court considered an appeal challenging the conviction and life imprisonment sentence imposed on the appellants for murder under Sections 1...

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Supreme Court Quashes Bail Order in Murder Case Due to Inadequate Reasoning. High Court's grant of bail under Section 302 IPC set aside for lack of cogent reasons and failure to consider material factors like accused's conduct and threats to witnesses.

The dispute arose from a bail application in a murder case under Section 302 of the Indian Penal Code, 1860. The complainant, brother of the deceased,...

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Supreme Court Quashes Bihar Government Notification Granting Scheduled Tribe Status to Lohar Community as Unconstitutional - State Lacks Authority Under Article 342 of Constitution to Specify Scheduled Tribes, Causing Violation of Fundamental Rights Under Articles 14 and 21.

The dispute involved a writ petition under Article 32 of the Constitution filed by four petitioners challenging a notification issued by the Governmen...

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Supreme Court Allows Writ Petition for Premature Release Consideration Under 2018 Policy Despite Subsequent Amendment. Court Holds That Policy Prevalent at Time of Conviction Governs Remission Consideration and Directs State to Re-examine Arbitrary Age Restriction in 2021 Policy.

The petitioner, convicted for offences under Section 302/307/323/34 of the Indian Penal Code and sentenced to life imprisonment by judgment dated 30.9...

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Supreme Court Allows Appellant in Civil Appeal Against High Court's Interference Under Article 227 Constitution of India - High Court's order setting aside trial court's decision to set aside ex parte decree was quashed as unjustified interference in discretionary order under Order IX Rule 13 CPC.

The dispute arose from a civil suit for recovery of money filed by the respondent against the appellant. The appellant contested the suit, but during ...