Trend of initiating mala fide criminal proceedings against financial institutions/lenders and their officers to obstruct debt recovery or coerce settlement - Petitioners allowed to challenge FIRs and ECIR in respective High Courts. (Para 2)
Supreme Court observes the potential detrimental impact of bypassing statutory remedies and using criminal law to target financial institutions. (Para 3)
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Competence of a Child Witness (Para 7) – Under Section 118 of the Evidence Act, a child witness is competent to depose unless the court finds that the child is incapable of understanding questions or giving rational answers due to tender age – The court must ascertain the child’s ability to understand questions and the duty to speak the truth.
Corroboration of Child Witness (P...
Prevention of Corruption Act, 1988 - Section 17A - Mandatory Prior Approval for Inquiry or Investigation against Public Servants - Protecting Public Servants from Vexatious Prosecution: The court emphasizes the significance of Section 17A of the Prevention of Corruption Act, 1988, which mandates prior approval from the competent authority for any inquiry or investigation into offenses alleged to h...
Criminal Procedure - Bail - Application for regular bail under Section 439 of CrPC - Allegations of compromising national security and sharing secret information with co-accused - Petitioner falsely implicated - Weak evidentiary value of disclosure statement - No recovery of narcotics from petitioner - Trial in progress - Serious and specific allegations against petitioner - Bail denied. (Para 5)
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Regular Bail – Pendency of Trial – Overstaying in India after Expiry of Passport and Visa – Allegations of violation of Foreigners Act, 1946 and Passports Act, 1967 – Petitioners, residents of Afghanistan, arrested for residing in India without valid passports and visas – Trial progressing at a slow pace – Only two prosecution witnesses examined till date &ndash...
Criminal Writ Petition – Quashment of interception orders under the Indian Telegraph Act 1885 – Violation of right to privacy – Compliance with Article 19 and 21 of the Indian Constitution – Lack of sufficient reasoning and procedural safeguards. (Para 1)
Provisions of Section 5(2) of the Indian Telegraph Act – Requirement for occurrences of public emergency or int...
Offenses relating to the security of women and POCSO Act - Duty of criminal courts to ensure witness protection - Rebuttal of presumption under Section 29 of the POCSO Act through cross-examination - Right to cross-examine as an indelible right and essential for a fair trial. (Para 11)
Delay in filing application under Section 311 Cr.P.C. - Seriousness of offenses and harsh punishment...
Criminal Law – Sentencing – Proportionality – Uniform Sentencing Standard – Disparity in Sentences – Conviction for causing fatal injuries – Conversion of conviction from Section 302 IPC to Section 304 Part II IPC – Appropriateness of sentences undergone by accused persons – Role of each accused practically indistinguishable – Principle of prop...
Criminal Law – Anticipatory Bail – Conditions for Grant – Imposition of onerous and excessive conditions for anticipatory bail – Trend of transforming judicial proceedings for recovery of allegedly cheated money – Reminder to high courts and sessions courts not to be unduly swayed by submissions of the accused’s counsel regarding depositing or repaying any amoun...
Bail application - Allegations under Prevention of Money Laundering Act (PMLA) - Serious allegations against accused Deputy Chief Minister/Excise Minister for formulating excise policy to benefit certain individuals and receiving illegal gratification - Defense challenges credibility of Enforcement Directorate (ED) case based on inconsistent statements and contradictions in witnesses' testimon...