BNSS/CRPC
Hearing Accused At Pre-Cognizance Stage Mandatory Under BNSS For Offences Under SEBI Act: Bombay High Court
The Bombay High Court has held that the first proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, mandating an opportunity of hearing to the accused before taking cognizance of a complaint applies to prosecutions under the Securities and Exchange Board of India Act, 1992. The Court observed that the Special Court could not take cognizance of an offence under the SEBI...
How Can Dead Witness's Testimony Be Used Against Accused Who Absconded? Supreme Court Explains S.299 CrPC
The Supreme Court has clarified that the earlier testimony of a witness who has since died can be used against an accused who had absconded during the original trial, provided the conditions under Section 299 of the Code of Criminal Procedure, 1973 (CrPC) are satisfied.A Bench of Justice Sanjay Karol and Justice Vipul M. Pancholi held that Section 299 CrPC is an exception to the general rule...
Challenge To Sessions Judge's Transfer Order Lies Under Section 482 CrPC, Not Section 407: Allahabad High Court
The Allahabad High Court has held that where a Sessions Judge allows an application to transfer a criminal case under Section 408 CrPC, the person aggrieved by that order cannot challenge it by filing a fresh transfer application under Section 407 CrPC. It held that order allowing transfer can only be challenged before the High Court under Section 482 CrPC.For context, Section 408 CrPC...
J&K&L High Court Refuses To Quash FIR Against Woman Accused Of SIM-Swapping With Trekker, ₹8.73 Lakh Cyber Fraud
The High Court of Jammu & Kashmir and Ladakh has refused to quash an FIR against a woman accused of being part of an alleged SIM-swapping and cyber fraud racket that allegedly targeted a trekker from West Bengal during his visit to Kashmir and siphoned off more than ₹8.73 lakh from his bank accounts.Holding that the allegations disclosed commission of cognizable offences under the...
Failure To Impose Fine U/S 307 IPC Is A Sentencing Error; Cannot Rectify It In Appeal Filed Solely By Convict: Allahabad High Court
The Allahabad High Court has observed that it is mandatory for the trial court to impose fine along with jail term for convictions under Section 307 (Attempt to Murder) and the failure to do so is an error in sentencing. A bench of Justice Santosh Rai, however, clarified that in the absence of an appeal either by the State or the complainant seeking enhancement of the sentence by...
MD Not Liable For Content In Newspaper Unless Specific Role Alleged: J&K&L High Court Quashes Complaint Against TOI's Vineet Jain
The High Court of Jammu & Kashmir and Ladakh has quashed a criminal complaint and the proceedings emanating therefrom against Vineet Jain, Managing Director of M/s Binnet Coleman and Co. Ltd., which owns the newspaper "Times of India", holding that the petitioner cannot be held liable for the content published in the newspaper in the absence of specific allegations against him.A Bench...
Gameskraft Case | Karnataka High Court Questions ED's Argument That PMLA Freezing Proceedings Under PMLA Are Civil In Nature
The Karnataka High Court on Tuesday[July 14] questioned the Enforcement Directorate's contention that freezing proceedings under Section 17(1-A) of the PMLA are civil in nature, prima facie observing that the 'entire edifice of the money laundering act is based on proceeds of crime'.The High Court was hearing a writ petition filed by Gameskraft Technologies Private Limited and five...
Accused Cannot Flag Non-Compliance Of S.202 CrPC To Scuttle Cheque Bounce Proceedings At Stage Of Final Arguments: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that although an inquiry under Section 202 of the Code of Criminal Procedure (corresponding to Section 225 of the BNSS) is mandatory before issuance of process where the accused resides beyond the territorial jurisdiction of the Magistrate, non-compliance with that requirement cannot be invoked to derail proceedings after both parties...