Advanced Search Results

Balwant Singh Vs. State of Punjab

Court : Supreme Court of India

Subject : FERA

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 354(3) and 367(5)

Reported in : AIR1976SC230; 1976CriLJ291; (1976)1SCC425; [1976]2SCR684; 1976(8)LC66(SC)

It may be noticed that the occurrence took place on April 13, 1974 after coming into force of the Criminal Procedure Code, 1973 on and from April 1, 1974. Provisions of Section 354(3) of the new Code, as noticed by … of this Court which were not concerned with the application of law engrafted in Section 354(3) of the CrPC, 1973 but were given with reference to the CrPC Code, 1898 as it stood at the relevant time.3. It

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)

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 - conviction … to death with Sharuedged weapons a lathi. The Trial Court and recorded conviction of the appellant after the CrPC 1973, had come into force. The learned Judges of the High Court do not appear to have adverted at

Bachan Singh Vs. State of Punjab

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Articles 12, 14, 19, 19(1), 21, 31 and 32; Indian Penal Code (IPC), 1860 - Sections 34, 149, 302, 235 and 235(2); Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2), 354, 354(3), 366(1), 367, 367(5), 369 and 379

Reported in : (1982)3SCC24; [1983]1SCR145a

in Section 302, Penal Code, and the sentencing procedure embodied in Sub-section (3) of Section 354 of the CrPC, 1973.2. The reference has arisen in these circumstances :Bachan Singh, appellant in Criminal Appeal No. 273 of 1979, was … Report and subsequent Reports of the Law Commission suggesting retention of death penalty, and recommending revision of the Criminal Procedure Code and the insertion of the new Sections 235(2) and 354(3) in that Code providing for pre-sentence hearing and

Sheikh Ishaque and ors. Vs. State of Bihar

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - +, 1973 - Sections 154 and 354(3); Indian Penal Code (IPC), 1860 - Sections 34, 302 and 436

Reported in : 1995(43)BLJR921; 1995CriLJ2682; 1995(2)Crimes294(SC); JT1995(5)SC638; 1995(2)SCALE271; (1995)3SCC392; [1995]2SCR692; 1995(2)LC21(SC)

and noticing the change of the legislative intent observed:Section 354(3) of the CrPC, 1973, as amended, makes it obligatory in cases of conviction for offences … and noticing the change of the legislative intent observed:Section 354(3) of the CrPC, 1973, as amended, makes it obligatory in cases of conviction for offences … State of Punjab : 1980CriLJ636 , and noticing the change of the legislative intent observed:Section 354(3) of the CrPC, 1973, as amended, makes it obligatory in cases of conviction for offences punishable with death or with imprisonment for … keep in view the nature of the crime, the brutality with which it was executed, the antecedents of the criminal, the weapons used etc. It is neither possible nor desirable to catalogue all such factors and they depend

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 in … (supra)24. Section 302 Indian Penal Code prescribes death or life-imprisonment as the penalty for murder. While so, the CrPC instructs the Court as to its application. The changes which the Code has undergone in the last 25 … 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

iii Additional Sessions Judge, Guntur, Referring Officer Vs. Gantela V ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Constitution of India - Article 21; Indian Penal Code (IPC), 1860 - Sections 120B, 302, 307, 341, 392 and 448; Code of Criminal Procedure (CrPC) , 1973 - Sections 354, 354(3) and 366; Evidence Act - Sections 6

Reported in : 1996(1)ALD(Cri)373; 1996(1)ALT(Cri)1; 1996CriLJ703

302, 307, 341, 392 and 448 of Indian Penal Code, 1860, Sections 354, 354 (3) and 366 of Criminal Procedure Code, 1973 and Section 6 of Evidence Act - conviction under Sections 302 and 120B challenged - whether case … were tried for various offences under sections 302, 392, 307, 341, 448 and 120-B of the Indian Penal Code on as many as 31 charges by the learned III Addl. Sessions Judge, Guntur, and were convicted on

Sushil Murmu Vs. State of Jharkhand

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 149, 201 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 354(2), 354(3), 360, 361 and 366; Code of Criminal Procedure (CrPC) , 1898 - Sections 367(5) and 562; Code of Criminal Procedure (CrPC) (Amendment) Act, 1955

Reported in : AIR2004SC394; 2004(1)ALD(Cri)275; 2004(1)BLJR195; 2004CriLJ658; [2005(3)JCR193(SC)]; JT2003(10)SC340; 2003(10)SCALE670; (2004)2SCC338

revolving round the question of death sentence. Criminal -Indian Penal Code, 1860 - Sections 149, 201 and 302 -Criminal Procedure Code (CrPC), 1973 - Sections 354(2), 354(3), 360, 361 and 366 - A young child of 9 years was sacrificed before … was given to police, investigation was undertaken. All the three accused persons were tried for offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (for short 'the IPC'). The appellant was found guilty

Muniappan Vs. State of Tamil Nadu

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2) and 354(3); Indian Penal Code (IPC), 1860 - Sections 302

Reported in : AIR1981SC1220; 1981CriLJ726; (1981)3SCC11; [1981]3SCR270

The obligation to hear the accused on the question of sentence which is imposed by Section 235(2) of the Criminal Procedure Code is not discharged by putting a formal question to the accused as to what he has to say … be desired. In the first place, the Sessions Court overlooked the provision, contained in Section 354(3) of the CrPC, 1973, which provides, in so far as is relevant, that when the conviction is for an offence punishable with

Sanaullah Khan Vs. State of Bihar

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 364, 34, 302, 120B, 201, 300; Code of Criminal Procedure (CrPC), 1973 - Sections 391, 313, 354(3), 31(1)

LOKUR, JJ.] Indian Penal Code, 1860 - Sections 364, 34, 302, 120B, 201, 300; Code of Criminal Procedure (CrPC), 1973 - Sections 391, 313, 354(3), 31(1) -- Thereafter, the High Court heard the appeal and held that the … Court directed recording of additional evidence on two points in exercise of its powers under Section 391 of the Criminal Procedure Code, 1973 (for short ‘the Cr.P.C.’). Pursuant to the direction of the High Court the confessional statement of the

Dalbir Singh and ors. Vs. State of Punjab

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 235(2), 354(3), 366(1), 368 and 374(2); Indian Penal Code (IPC), 1860 - Sections 302; Constitution of India - Article 141

Reported in : AIR1962SC1106a; 1979CriLJ1058; (1979)3SCC745; [1979]3SCR1059; AIR 1979 SC 1384

death sentence - Sections 235 (2), 354 (3), 366 (1), 368 and 374 (2) of Criminal Procedure Code, 1973, Section 302 of Indian Penal Code, 1860 and Article 141 of Constitution of India - appeal against death sentence … judicial extinguishment of two precious Indian lives. Section 302 of the Penal Code, read with Section 354(3) of the Criminal Procedure Code, demands special reasons for awarding the graver sentence, and to borrow the reasoning in Rajendra Prasad's case.'Special reasons' … circumscribe the connotation of 'special reasons' mentioned in Section 354(3) of the CrPC by indulging in classification of murders such as white collar offences and