Lawwatch

Making a Confession or Statement under 164 CrPC

Magistrate can record confession or statement

Any Metropolitan Magistrate or Judicial Magistrate, not even having
jurisdiction in the case, has the authority to record a confession or
statement made to him by a person, in the course of an investigation or
after it, but invariably prior to the inquiry or trial. This is provided
for under Section 164 of the Criminal Procedure Code, 1973 ( CrPC).

The Section allows recording of both confessions and other
non-confessional statements. It provides a special provision to record
confessions when they are made freely and voluntarily but not under any
pressure or influence. A confession so recorded is more of substantive
nature than a non-confessional statement. The mode of recording
confessions is different from that of statements.

Any confession or statement made before the Magistrate under Section 164
CrPC may be recorded by audio-video means in the presence of the
advocate of the accused person.

Restraining the Arrest of the Accused in 498A Cases

Enough laws exist in India to protect women from domestic, matrimonial and sexual violence. They, according to women activists, are good only in paper. On one hand the women continue to suffer under violence with no much hope for the victims to have easy access to justice despite having those laws on our statute book. On the other, some of these provisions are largely being misused by educated and powerful sections of disgruntled women as a sharp weapon, rather than a shield, to harass their innocent husbands and their relatives. Even bed-ridden relatives and those living abroad were put under arrest and detention in a quite number of cases. The Section 498A of Indian Penal Code (IPC) is one such provision, now under limelight for unleashing what is called legal terrorism.

Adultery and related Issues in Criminal Law

Adultery means different things in law and English language. In law, it is socially and legally objectionable sexual intercourse, voluntarily made by a man with the wife of another person, with the knowledge that she is a wife and without her husband’s consent or connivance. Therefore, adultery per se is not an offence. But when it is committed without the consent or connivance of the husband it becomes an offence.

Burden of Proof under Indian Evidence Act

Introduction

The term burden of proof, which is not defined in the Indian Evidence Act, 1882, essentially refers to the legal responsibility of a party in a case to prove the existence of any fact as true in a judicial proceeding.

The burden of proof comes into play when a party wants from a court a judgment in regard to any legal right or liability dependent on some facts which need to be proved by him to the satisfaction of the court. In short, the burden of proof is an obligation that the law imposes on a party to produce evidence and prove it so as to satisfy the court in deciding the matter in his favour or otherwise.

Framing of Charge in Criminal Cases

What a charge in a criminal case is

A charge in a criminal case is a written notice in which precise and specific accusation against the accused in regard to the offence is stated. It is the foundation of the criminal trial. The charge conveys the accused the accusation which the prosecution intends to prove against him in the court. It enables him to prepare for his defence in regard to the accusation.

Cancellation of Bail and Its Legalities

Introduction

The term bail refers to the judicial release of a person from custody.
The grant, refusal or cancellation of bail is a judicial act. It has to
be performed with utmost care by applying the mind or discretion of the
court.

Indian judiciary through many of its judgments unequivocally upholds that grant of bail is the rule and refusal of it is an exception. Every person is presumed to be innocent until the criminal charge against him is proved in a process of trial. Bail is a substantive right rather than a procedural one in tune with the citizen’s fundamental right to liberty.

The cancellation of bail means putting the presumably innocent but accused person again in detention in violation of his fundamental right to liberty, ensured under Article 21 of the Constitution.

Taking Cognizance under S. 190 CrPC means

What “taking cognizance” means

What is meant by taking cognizance in regard to an offence by a competent Magistrate is not defined or described in the Code of Criminal Procedure, 1973 (CrPC) or any other act. However the term has acquired a definite connotation through well settled judicial pronouncements.

Discharge of an Accused in a Criminal Case

The usual procedure in a criminal case is that if the police
investigation shows there is a prima facie criminal offence against
the accused, then a final police report (Charge Sheet/Challan) is filed.
The accused is then put to trial for framing of charges against him, by
the Court.

However, the court can discharge the accused person before it frames the
charges against him if no offence is prima facie made out.

Contradiction & Omission in Cross Examination

Introduction

Contradictions between two statements of a witness play a crucial role
in deciding the fate of a criminal case or trial. Contradictions can be
categorised into two: direct contradictions and contradictions by
omissions. Making some sort of alterations or improvements in the prior
and later statements by a witness can also be termed as contradiction
and omission. Quite naturally, an interested witness may make some
improvements in his testimony of the incident under trial. In order to
avoid this, the Indian Evidence Act, 1872 lays down some procedures for
proving contradictions and omissions in a trial.

The contradictions or omissions can be proved in two stages. In the
first stage, the contradiction is brought on record as provided for in
the Indian Evidence Act. In the second stage the contradiction is then
proved by cross examining the Police Officer who has recorded the
statements under Section 162 of the Criminal Procedure Code, 1973
(CrPC). If the latter is not done, the contradictions or omissions
brought on record cannot be treated as proved before the court.