Criminal Procedure – Illegal Arrest – Violation of Article 22(1) – Arrest Declared Unconstitutional – Immediate Release Ordered - The appellant was arrested for financial offences under the IPC—He alleged that he was not informed of the grounds for arrest, violating Article 22(1) of the Constitution—The State argued that the appellant’s wife was informed o...
Criminal Law - Discharge from criminal proceedings - Foreigners Act – Failure to Maintain Records – Criminal Liability of Hotel Manager – The petitioner, as the manager of Park International Hotel, Vizhinjam, was accused of failing to maintain records and submit C-Forms for a Russian citizen accommodated in the hotel—Held: Section 7(3) of the Foreigners Act, 1946, mandates ...
Suo Motu - Digital Arrest Scams – Modus Operandi – Psychological Manipulation and Technology Exploitation – Scammers posing as law enforcement officials deceive victims into believing they are under "digital arrest" for alleged crimes – Fraudsters employ psychological tactics like fear, urgency, and isolation while exploiting tools such as AI to mimic voices and c...
Criminal Law - Quashing of the arrest - Arrest Without Notice – Applicability of Section 41-A Cr.P.C. – Petitioner alleged that his arrest violated Section 41-A Cr.P.C., as the maximum punishment for the offenses alleged was seven years – Held: Where the police are satisfied that the arrest is necessary under Section 41(1) Cr.P.C., issuance of notice under Section 41-A Cr.P.C. is...
Murder – Common Intention – Section 302 read with Section 34 IPC – Conviction Upheld – The appellants were charged with the murder of Sri. Anchalose, allegedly motivated by prior enmity – Prosecution case relied on eyewitness testimony, forensic evidence, and prior incidents of animosity – PW1 (sister of the deceased) and PW2 (brother-in-law of the deceased) pro...
Criminal Law - Murder – Common Intention – Section 302 read with Section 34 IPC – Conviction Upheld – The appellants entered the house of the deceased armed with knives and iron rods – The deceased was stabbed by one of the appellants while the others restrained the complainant and encouraged the act – The evidence of the injured eyewitness and forensic evidence...
Criminal Sentencing – Attempt to Murder – Sentence Beyond Statutory Limit – Modification of Sentence – Appellant, enraged over his wife leaving him due to his abusive behavior, attacked his mother-in-law with a billhook, causing grievous injuries, and inflicted simple injuries on his wife – Trial Court convicted him under Section 307 IPC and imposed life imprisonment,...
Criminal Law - Quashing of Criminal Proceedings – Abetment of Suicide – Absence of Mens Rea – No Proximate Link – Appellants were accused of abetting the suicide of deceased Tanu by making derogatory remarks after the alleged murder of Ziaul Rahman by Tanu’s family – Held: To constitute an offence under Section 306 IPC, a clear intention to instigate or aid the ...
Criminal Law - Murder Conviction – Circumstantial and Direct Evidence – Appeal Dismissed – The appellants were convicted for the murder of Gehal Singh based on eyewitness accounts and corroborative evidence – The prosecution witnesses, including the deceased’s son, consistently deposed that accused Hira Singh inflicted fatal injuries with a spade while co-accused Jasb...
Bail Application – Repeated Petition – No Substantial Change in Circumstances – The petitioner, facing charges under multiple sections of the BNS, filed a third bail application under Section 483 of BNSS—Previous bail applications had been dismissed—Petitioner failed to demonstrate any substantive change in circumstances—Held: Once a bail application has been re...