Stages of criminal trial

Comments

Post a Comment

Popular posts from this blog

IPC IMPORTANT JUDGEMENT

* mensrea * 1) Sherras v. De Rutzen 1.1 hobbs v/s winchester 2) Rex v. Jacobs 3) R. v. Tolson 4) R v prince 5) Brend v. Wood - unless the statute, either clearly or by necessary implication, rules out mens rea, as a constituent part of a crime, a defendant should not be found guilty of an offence against the criminal law unless he has got a guilty mind.’ 6) State v. Sheo Prasad 7) State of Maharashtra v. Mayer Hans George * GeneralDefences * 8) State of Orissa v. Ram Bahadur Thapa- S 76/79 9) State of Orissa v. Bhagaban Barik-- S 76/79 10) Tunda v. Rex (wrestling match) s 80 11) R v. Dudley and Stephens- Necessity S. 81 * S -84 Insanity * 12) R v Daniel Mcnaughten 13) Queen-Empress v. Kader Nasyer Shah 14) Lakshmi v. State 15) Ashiruddin Ahmad v. The King * S-86 ( Drunkness) * 16) Shrikant Anandrao Bhosale v. State of Maharashtra 17) Basdev v. State of PEPSU 18) Rex v. Meakin 19) Rex v. Meade 20) Director of Public Prosecutions v. Beard * 96-106 * ...
Read more

Section 162 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained

Statements to police not to be signed: Use of statements in evidence: This section protects the person making statement during police investigation under duress or inducement. The Code allows police officer to record statements of witnesses with a view to facilitating investigation of the offence. But if such statements are made under duress or inducement, they are rendered inadmissible in evidence because they cannot be said to be free and fair statements made voluntarily. As rightly pointed out by the Apex Court, the object of Section 162 is “to protect the accused both against overzealous police officers and untruthful witnesses.” It cannot be used for corroborating a witness but it can certainly be used to contradict him by a police statement. Where a person appears as a defence witness in a trial, his former statement made before the police cannot be used for contradicting him because it would be against the accepted norms of justice to allow a witness to be contradi...
Read more