Search Results for "Fair trial"

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Search Results for "Fair trial"

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Supreme Court

Supreme Court Modifies Conviction of Accused in Kidnapping Case from Section 364A to Section 363 IPC Due to Insufficient Evidence of Death Threat. The Court found that the prosecution failed to prove the essential ingredient of threat to cause death or hurt under Section 364A of the Indian Penal Code, 1860, leading to a reduction in the severity of the offence.

1 Mar 2023

The Supreme Court addressed appeals by five accused persons whose convictions under Sections 148, 149, and 364A of the Indian Penal Code, 1860, for ki...

Supreme Court

Supreme Court Dismisses Appeal in NDPS Case Seeking CBI Investigation Over Alleged Illegal Abduction. Transfer to CBI Not Warranted as Mere Allegations Against Police Do Not Meet Exceptional Circumstances Under Established Guidelines, and Issues Can Be Raised in Trial.

28 Feb 2023

The Supreme Court heard appeals arising from two Special Leave Petitions challenging orders of the High Court of Chhattisgarh, Bilaspur. The appellant...

Supreme Court

Supreme Court Allows Victim's Appeal for Further Investigation in Criminal Case Involving Influential Minister. The court directed further investigation under Section 173(8) CrPC due to admitted lapses by the State, holding that commencement of trial and framing of charges are not absolute impediments to ensuring fair investigation.

24 Feb 2023

The appeal arose from a High Court judgment dismissing a writ petition filed by the victim seeking transfer of investigation to the Central Bureau of ...

Supreme Court

Supreme Court Allows Wife's Appeal Against DNA Test Order in Divorce Case, Upholding Marital Presumption of Paternity. The Court Held That the Presumption Under Section 112 of the Indian Evidence Act, 1872, Cannot Be Rebutted by DNA Evidence Alone Without Proof of Non-Access, Protecting the Child's Legitimacy and Privacy Rights.

20 Feb 2023

The dispute arose from a divorce petition filed by the husband under Sections 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, alleging adultery by ...

Supreme Court

Supreme Court Allows Prosecution Appeal in Bail Cancellation Case, Holding Default Bail Can Be Cancelled on Merits After Chargesheet. Bail granted under Section 167(2) CrPC is deemed under Chapter XXXIII, permitting cancellation under Section 439(2) CrPC based on special grounds and seriousness of offences post-investigation.

16 Jan 2023

The appeal arose from a judgment of the High Court of Andhra Pradesh dismissing a petition by the Central Bureau of Investigation under Section 439(2)...

Supreme Court

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.

12 Jan 2023

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...

Supreme Court

Supreme Court Acquits Accused in Murder Case Due to Insufficient Evidence and Unreliable Confession. Conviction under Section 302 read with Section 34 of Indian Penal Code, 1860, set aside as prosecution failed to prove guilt beyond reasonable doubt based on confession and circumstantial evidence.

30 Sep 2022

The Supreme Court of India heard criminal appeals filed by four appellants challenging their conviction for murder under Section 302 read with Section...

Supreme Court

Supreme Court Allows Transfer of Criminal Cases Under Section 406 CrPC for Fair Trial and Convenience. Transfer petitions filed by accused seeking consolidation of 16 cases across four states to Mumbai court granted based on commonality of facts, accused, witnesses, and transactions primarily in Mumbai, despite one case being at final stage, to secure ends of justice under Section 406 of Code of Criminal Procedure, 1973.

9 Sep 2022

The Supreme Court of India heard transfer petitions filed by an accused petitioner under Section 406 of the Code of Criminal Procedure, 1973, seeking ...

Supreme Court

Supreme Court Sets Aside High Court Bail Orders in Murder Case Due to Lack of Reasoning and Failure to Consider Gravity of Offence. The Court held that bail orders must contain prima facie reasons and consider societal concerns, especially in serious offences under Sections 302, 201, and 34 IPC, and remanded the matter for fresh bail consideration.

11 Mar 2022

The appeals were filed by the wife of the deceased challenging bail orders granted by the High Court of Rajasthan to two accused persons in a murder c...

Supreme Court

Supreme Court Allows Accused's Appeal in UAPA Case, Directing Provision of Redacted Statements of Protected Witnesses. The Court Held That Fair Trial Principles Under Section 207 Cr.P.C. Require Disclosure of Relevant Evidence, and Witness Protection Under Section 44 UAPA Only Permits Redaction of Identity Details, Not Withholding Entire Statements.

25 Feb 2022

The appeal arose from a dispute under the Unlawful Activities (Prevention) Act, 1967 (UAPA), involving the accused's right to access statements of pro...

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