Tag Archives: trial

Lower House passes The DNA Technology (Use and Application) Regulation Bill, 2019

Indian Lower House today passed “The DNA Technology (Use and Application) Regulation Bill – 2019”. The Bill has been formulated recognizing the need for regulation of the use and application of Deoxyribonucleic Acid (DNA) technology, for establishing identity of missing … Continue reading

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Retrial only in exceptional cases: SC

The Supreme Court of India clarified that a court should consider re-trial only when the trial is vitiated by serious illegality or irregularity that could result in miscarriage of justice. “The circumstances that should exist for warranting retrial must be … 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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Public Prosecutor can’t deemed appointed before High Court: SC

In an important ruling, the Supreme Court of India clarified that a Public Prosecutor appointed to conduct a case before the trial court under the provisions of Criminal Procedure Code (“CrPC”) cannot be deemed to be appointed for the purpose … 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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Courts have discretion to order sentences to run concurrently: SC

The Supreme Court of India clarified that the courts have full discretion to order sentences for two or more offences at one trial to run concurrently and rejected that the normal rule is to order the sentence to be consecutive. … Continue reading

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Certain facts to be explained by accused: SC

The Supreme Court of India reiterated that there are certain facts that can be known only to the accused and burden is on the accused to explain those facts even though it is well settled that the burden of proving … Continue reading

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