Tag Archives: accused

Magistrate not to examine merits of case while taking cognizance: SC

The Supreme Court of India recently reiterated that while taking cognizance of an offence based upon a police report, it is not necessary for the Magistrate to examine the merits and demerits of the case and whether the materials collected … Continue reading

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Unconstitutional to allow defense counsel to concede guilt over defendant’s objection: USSC

The Supreme Court of the United States of America recently held that it is unconstitutional to allow defense counsel to concede guilt over the defendant’s intransigent and unambiguous objection, even when defense counsel’s experienced-based view is that confessing guilt offers … Continue reading

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PC can be granted for further investigation: SC

The Supreme Court of India has clarified that police remand can be sought in respect of an accused arrested at the stage of further investigation if the interrogation is needed by the investigating agency. “Police remand can be sought under … Continue reading

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Accused can’t be kept in custody for indefinite period: SC

The Supreme Court of India recently held that a person cannot be kept in jail  indefinitely when he has not been convicted. The Court emphasized on the  fundamental right of dignified life and the inherent principle of  criminal jurisprudence that … Continue reading

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Opportunity to Pub Prosecutor mandatory while hearing for bail at post-conviction stage: SC

The Supreme Court of India clarified that the appellate court while considering the release of the convict on bail at post-conviction stage has to give an opportunity to the public prosecutor for showing cause in writing against such release where … Continue reading

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Prosecution is not bound to produce the original complaint/application filed by an unknown person: SC

The Supreme Court of India ruled that the prosecution is not bound to produce the original complaint/application filed by an unknown person, based on which an inquiry was initiated by the Anti-Corruption Bureau against the accused. “What is to be … Continue reading

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Confessional statements in one case are not an admissible evidence through the statements of the persons to whom the confessions were made in another case: SC

The Supreme Court of India ruled that the confessional statements made by the accused in a case related to all the bomb blasts in Mumbai since 2005 (case 1) is not an admissible evidence through the statements of the persons … Continue reading

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