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Sangeet and anr. Vs. State of HaryanA.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), (IPC) 1860 - Sections 302, 149, 449; Arms Act, 1959 - Section 25(1-B); Code Of Criminal Procedure (CrPC), 1973 - Section 235(2); Code of Criminal Procedure (CrPC), 1898 - Sections 367(5), 354(3)

Reported in : 2012(11)SCALE140

the reason why sentence of death was not passed."13. Bachan Singh was, however, heard and decided when the Code of Criminal Procedure, 1973 (for short the Cr.P.C) had come into force with effect from 1st April, 1974. The Cr.P.C contained Section … was decided when the Code of Criminal Procedure, 1898 (for short the old Code) was in force. Section 367(5) of the old Code provided that if an accused person is convicted of an offence punishable with death,

Rajendra Prasad Vs. State of Uttar Pradesh Overruled

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 34, 84, 149 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 37, 43, 129, 234, 235(2), 354, 354(3), 360, 366, 366(1), 367, 367(1), 367(5) and 368; Code of Criminal Procedure (CrPC) , 1898 - Sections 367; Constitution of India - Articles 14, 19 and 21

Reported in : AIR1979SC916; 1979CriLJ792; (1979)3SCC646; [1979]3SCR78

of a person who had acted in the lawful discharge of this duty under section 43 of the Code of Criminal Procedure, 1973, or who had rendered assistance to a Magistrate or a police officer demanding his aid or requiring his … successive amendments, has shifted the punitive centre of gravity from life-taking, to life sentence. To start with, s. 367(5) obligated the court to 'state the reason why sentence of death was not passed'. In other words, the

Sstate Vs. Mohd. Afzal and ors.

Court : Delhi

Subject : Criminal

Acts : Prevention of Terrorists Activities Act, 2002 - Sections 2, 3(1), 4, 6, 20 and 32 and 50; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1), 15 and 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 162, 196, 218, 366, 367 and 368; Evidence Act, 1872 - Sections 9, 24, 25, 26, 27, 30, 65B(2), 138 and 146; Explosive Substances Act, 1908 - Sections 3, 4, 5 and 7; Indian Penal Code (IPC), 1860 - Sections 120, 120B, 121, 302 and 307

Reported in : 2003VIIAD(Delhi)1; 107(2003)DLT385; 2003(71)DRJ178; 2003(3)JCC1669

run concurrently. Under Section 6 POTA rupees ten lacs which are recovered stood forfeited.2. Section 366 of the Code of Criminal Procedure, 1973 requires confirmation by the High Court of a sentence of death passed by the Court of Session, before … sentence of death passed by the Court of Session, before it being executed. In the reference proceeding under Section 367, the High Court, if it thinks fit, is empowered to make further inquiry and receive additional evidence upon

State. Vs. Mohd. Afzal and ors.

Court : Delhi

Subject : Criminal

Acts : Prevention of Terrorists Activities Act, 2002 - Sections 23, 3(2), 3(3), 3(5), 4(b), 6; Indian Penal Code (IPC), 1860 - Sections 123, 121, 121A, 122, 302, 307, 120B; Explosive Substances Act - Section 4; Code of Criminal Procedure (CrPC) , 1973 - Sections 366, 367, 368

run concurrently. Under Section 6 POTA rupees ten lacs which are recovered stood forfeited.2. Section 366 of the Code of Criminal Procedure, 1973 requires confirmation by the High Court of a sentence of death passed by the Court of Session, before … sentence of death passed by the Court of Session, before it being executed. In the reference proceeding under Section 367, the High Court, if it thinks fit, is empowered to make further inquiry and receive additional evidence upon

State of Maharashtra Vs. Sharanappa Malappa Sakhare

Court : Mumbai

Subject : Criminal

Reported in : (1977)79BOMLR132

adverse party.; Section 173(4) of the Criminal Procedure Code 1898 Section 173 of the new Criminal Procedure Code 1973 casts a burden on the prosecution to furnish copies of statements of the witnesses and such other record … no cross-examination on these details and they deserve every credence merit on substance. Section 173(4) of the old Criminal Procedure Code (CrPC) (Section 173 of the new Criminal Procedure Code (CrPC)) casts a burden on the prosecution to … Bom. L.R. 1 has pointed out that after the amendment of Section 367(5) of the Criminal Procedure Code (CrPC) in the year 1955 the question

State of Gujarat Vs. Zaverbhai Kababhai

Court : Gujarat

Subject : Criminal

Acts : Arms Act - Sections 26; Gold (Control) Act, 1968 - Sections 85(1); Customs Act, 1962 - Sections 135; Indian Penal Code (IPC) - Sections 363, 367, 376 and 452; Code of Criminal Procedure (CrPC) , 1973 - Sections 31, 427 and 427(2)

Reported in : 1996CriLJ1296; (1996)1GLR423

this order of the learned Additional Sessions Judge rendered in Criminal Appeal No. 35/86.5. Section 31 of the Code of Criminal Procedure, 1973 enacts rule that the sentences are to run consecutively, unless the Court directs that they should run concurrently, … In the said Sessions Case No. 69/82, the respondent-accused was also convicted for the offences under Section 363, 367 and 452 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for one year and

Bishnu Deo Shaw Vs. State of West Bengal Overruled

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 354(3), 360, 361, 367 and 367(5)

Reported in : AIR1979SC964; 1979CriLJ841; (1979)3SCC714; [1979]3SCR355

that the mere use of adjectives like 'cruel and brutal' supplies the special reasons contemplated by Section 354(3) Criminal Procedure Code. In the light of the principles enunciated in Rajendra Prasad v. State of U.P. : 1979CriLJ792 and … be imposed only if there were aggravating circumstances. In the CrPC of 1973, there is a further swing towards life imprisonment. Section 354(3) of the … 25 years clearly indicate that Parliament is taking note of contemporary criminological thought and movement. Prior to 1955, Section 367(5) of the CrPC 1898 insisted upon the Court stating its reasons if the sentence of death was not

Ambaram Vs. the State of Madhya Pradesh

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 354(3); Code of Criminal Procedure (CrPC) , 1898 - Sections 367(5); Code of Criminal Procedure (CrPC) (Amendment) Act, 1955

Reported in : AIR1976SC2196; 1976CriLJ1716; (1976)4SCC298; 1976(8)LC459(SC)

commute Ambaram's death sentence to that of imprisonment for life. Criminal - death sentence - Section 354 (3) of Criminal Procedure Code, 1973, Criminal Procedure Code (Amendment) Act, 1955 and Section 376 (3) of Criminal Procedure Code, 1898 - … in the matter of awarding a death sentence by Section 354(3) of the New Code. Sub-section (5) of Section 367 of the CrPC, 1898, as it stood before the Amending Act 26 of 1955, enjoined upon the Court

The State of Maharashtra Vs. Babu @ Babusya Vithal Rathod and Others

Court : Mumbai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 149, 302, 392, 396 and 397; Evidence Act, 1872 - Sections 3, 9, 59, 106 and 114; Code of Criminal Procedure (CrPC) , 1973 - Sections 35, 161, 313, 354(3), 366 and 367

Reported in : 1998(5)BomCR863

In our judgment it would be correct to accept Mr. Mane' s submission. 39. Section 354(3) of the Code of Criminal Procedure, 1973 superseded the provisions contained in section 367(5) of the Criminal Procedure Code of 1898. Section 354(3) Cr. P.C.

State Vs. Raj Kumar Khandelwal

Court : Delhi

Subject : Criminal

Acts : Evidence Act - Sections 106; Code of Criminal Procedure (CrPC) , 1973 - Sections 41, 313, 366, 367 and 368; Indian Penal Code (IPC) - Sections 302

Reported in : 164(2009)DLT713

and has accordingly made a reference to this Court for confirmation of the sentence.2. Section 366 of the Code of Criminal Procedure 1973 requires confirmation by the High Court before execution of a sentence of death passed by the Court of … before execution of a sentence of death passed by the Court of Session. In the reference proceeding under Section 367, the High Court, if it thinks fit, is empowered to make further inquiry and receive additional evidence upon