II (2010) CCR 311 (SC)

‘Compelling Public Interest’ — No ambiguity on status of principles such as ‘right against self-incrimination’ and various dimensions of ‘personal liberty’.

II (2010) CCR 311 (SC)

Compulsory administration of Nar coanalysis — Polygraph Examination and Brain Electrical Activation Profile (BEAP) techniques at the behest of investigators.

II (2010) CCR 311 (SC)

Constitutional Law — ‘Right against self-incrimination’ protects persons formally accused as well as those examined as suspects in criminal cases.

II (2010) CCR 311 (SC)

Constitution of India, 1950 — Art. 20(3) — ‘Testimonial compulsion’ — Compulsory administration of narcoanalysis technique amounts to ‘testimonial compulsion’, attracting prohibition of Art. 20(3) of Constitution.

II (2010) CCR 311 (SC)

— — Arts. 20(3), 21 — Compulsory administration of techniques, viz., Narcoanalysis, Polygraph Examination and Brain Electrical Activation Profile (BEAP) tests, violates ‘right against self-incrimination’ enumerated in Art. 20(3) of Constitution.

II (2010) CCR 311 (SC)

— — Arts. 20(3), 21 — ‘Personal Liberty’ — Involuntary administration of Narcoanalysis, Polygraph Examination and Brain Electrical Activation Profile (BEAP) techniques is a reasonable restriction on ‘personal liberty’ in context of Art. 21.

II (2010) CCR 311 (SC)

— — Arts. 20(3), 21 — ‘Right to Privacy’ — Distinction must be made between character of restraints placed on right to privacy.

II (2010) CCR 280 (SC)

— — Articles 21 and 136 —Supreme Court cannot interfere with ad interim order in exercise of jurisdiction under Article 136.

II (2010) CCR 179 (SC)

Jessica Lal Murder Case:

Criminal Jurisprudence — Position in India — In our jurisprudence an accused is presumed to be innocent till proved guilty.

II (2010) CCR 220

Criminal Procedure Code, 1973 — Sections 200, 204 — Affidavit does not partake character of sworn statement — Object of recording sworn statement is to find out whether prima facie case is made out.

II (2010) CCR 179 (SC)

Jessica Lal Murder Case:

— — Section 313 — False answers under Section 313, Cr.P.C. furnished by accused as regards proved facts — Court ought to draw an adverse inference qua him.

II (2010) CCR 179 (SC)

Jessica Lal Murder Case:

— — Sections 313, 315 — Appearance of accused as a witness on his own behalf — Specific provision provided by way of Section 315, Cr.P.C.

II (2010) CCR 164 (SC)

— — Section 378 — Appeal in case of Acquittal — Verdicts of acquittal cannot be reversed when two views are possible on evidence on record.

II (2010) CCR 179 (SC)

Jessica Lal Murder Case:

Criminal Trial — Delay in recording statement of witnesses does not necessarily discredit their testimonies.

II (2010) CCR 179 (SC)

Jessica Lal Murder Case:

— — Embargo on the power of a Judge to ask questions so as to frighten, coerce, confuse or intimidate witness.

II (2010) CCR 179 (SC)

Jessica Lal Murder Case:

— — Is not an inquiry into the conduct of an accused for any purpose other than to determine whether he is guilty of the offence charged.

II (2010) CCR 179 (SC)

Jessica Lal Murder Case:

— — Only circumstances and not entire testimony of witness need to be put to accused.

II (2010) CCR 179 (SC)

Jessica Lal Murder Case:

Disclosure by Public Prosecutor — Duty of Public Prosecutor is limited to evidence on which Prosecutor proposes to place reliance during trial.

II (2010) CCR 220

Dishonour of Cheque — Cognizance of offence — Facts must constitute an offence.

II (2010) CCR 311 (SC)

Evidence — Role of experts who administer narcoanalysis, polygraph examination and BEAP test — It should have been subjected to rigorous independent studies and

II (2010) CCR 179 (SC)

Jessica Lal Murder Case:

FIR — Cryptic telephonic messages not giving particulars of offence or accused are bereft of any details made to police only for the purpose of getting the police at the scene of offence and not for the purpose of registering FIR.

II (2010) CCR 257 (SC)

Hurt — Compounding of offence — After coming into force of Criminal Procedure Code (Amendment) Act, 2005 from 23.6.2008, offence under Section 324, IPC is made compoundable.

II (2010) CCR 231 (DB)

Indian Penal Code, 1860 — Section 84 — Unsound mind — Burden of proof — Burden lies on person, who claims to be of unsound mind.

II (2010) CCR 270 (SC)

— — Section 302 — Mere delay in despatch of statements of witnesses to Court per se does not make their evidence unacceptable.

II (2010) CCR 258 (SC)

— — Section 304 Part II r/w Section 34, Section 324 r/w Section 34 — Evidence Act, 1872 — Section 106 — Knowledge to Cause Death, Disappearance of Evidence, Common Intention — Death of two persons in police custody of appellants, police officials — Burden of proof on appellants to prove cause of death.

II (2010) CCR 262

— — Section 328 — Death by Poisoning — Analyst report cannot be made the sole basis of conviction — Appellant entitled to benefit of doubt.

II (2010) CCR 222

— — Sections 376(g), 458 — Criminal Procedure Code, 1973 — Sections 167(2), 309 — Bail — Accused is not entitled to be released on bail even when charge sheet is submitted within period of 90 days in an offence punishable with death or life imprisonment on ground that cognizance was not taken.

II (2010) CCR 146 (SC)

Interpolation — Forgery — Benefit of doubt — No evidence to indicate any link to prove and establish that interpolation and forgery was done by any of the accused persons, viz., A1, A2 or A4.

II (2010) CCR 294 (SC)

Juvenile — Determination of Age — Relevant date for determining age of accused, would be the date on which offence committed and not date when he is produced before authority or Court.

II (2010) CCR 311 (SC)

Medical Examination — Impugned tests, i.e., narcoanalysis technique, polygraph examination and BEAP tests should not be read into provisions for ‘medical examination’ under Cr.P.C.

II (2010) CCR 286 (SC)

Negotiable Instruments Act, 1881 — Sections 138, 142, 143, 147 (By way of amendment in Negotiable Instruments Act, 2002) — Criminal Procedure Code, 1973 — Sections 320, 320(4) — Constitution of India, 1950 — Article 142 — Dishonour of Cheque — Compounding of Offence — Provisions of Section 147 of N.I. Act inserted by way of amendment to special law, will override effect of Section 320(9), Cr.P.C., keeping in mind that Section 147 carries non obstante clause.

II (2010) CCR 179 (SC)

Jessica Lal Murder Case:

Photo Identification — Admissible — Factum of photo-identification by PW as witnessed by concerned officer is a relevant and admissible piece of evidence.

II (2010) CCR 277

Preliminary Inquiry — Report of preliminary inquiry is not a legal term within meaning of Cr.P.C.

II (2010) CCR 298 (SC)

Preventive Detention — Preventive detention is not punitive but a precautionary measure.

II (2010) CCR 235

Prevention of Food Ad ulteration Act, 1954 — Section 13(2) — Copy of report of Public Analyst to be forwarded to person affected to enable him to make application.

II (2010) CCR 235

Prevention of Food Ad ulteration Rules, 1955 — Rules 14, 16, 18 — Specimen seal impression not sent to Public Analyst separately, in sealed cover for comparison with seal impressions on samples — Complaint qua petitioners quashed.

II (2010) CCR 235

— — Rule 18 — Memorandum and impression of seal to be sent separately — Provisions of Rule 18 are mandatory and prejudice to petitioners is inherent in the very contravention of this nature.

II (2010) CCR 179 (SC)

Jessica Lal Murder Case:

Role of Media and Press — Every effort should be made by print and electronic media to ensure that distinction between trial by media and informative media should always be maintained.

II (2010) CCR 285

Scheduled Castes and Scheduled Tribes (Pre vention of Atro cities) Act, 1989 — Section 3(1)(x) — Incident should occur in presence of public or at least utterances should be audible to members of public.

II (2010) CCR 283 (SC)

TIP—Purpose of test identification parade is to test and strengthen trustworthiness of substantive evidence of a witness in Court.

II (2010) CCR 155 (SC)

Terrorist and Disruptive Activities Act, 1987 — Sections 12, 15 — Indian Penal Code, 1860 — Section 302, 307, 353, 402 — Arms Act, 1959 — Section 35(c) — Evidence Act, 1872 — Section 25 — Confessional statements recorded in case relating to offences under TADA — Not be admissible in evidence against accused in prosecution for offences other than those under TADA Act , i.e., IPC.