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Sstate Vs. Mohd. Afzal and ors.
Delhi
Oct-29-2003
Criminal
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
2003VIIAD(Delhi)1; 107(2003)DLT385; 2003(71)DRJ178; 2003(3)JCC1669
POTA and TADA--Prevention of Terrorists Activities Act, 2002, Section 3(1)--Terrorist & Disruptive Activities (Prevention) Act, 1987, Section 3(1). ;Criminal Procedure Code, 1973 - Section 218--Framing of charge--Section 218 embodies the fundamental principle of criminal law that the accused person … After all, the identification parade belongs to the stage of investigation and there are no provisions in the Code of Criminal Procedure which make it mandatory for the Investigating Agency to conduct a test identification parade, nor … be read pedantically to provide escape route to an accused. ;Sections 366, 367, 368--Death sentence--Confirmation--Power of High Court--Scope of these three sections has been interpreted
Tag this Judgment! AI Brief & AskState of Orissa Vs. Ram Chander Agarwala and ors.
Supreme Court of India
Oct-05-1978
Criminal
Code of Criminal Procedure (CrPC) , 1898 - Sections 366, 366(2), 367, 368, 369, 395, 417, 424, 430, 439, 439(2), 439(6), 469(1), 484 and 561-A; Code of Criminal Procedure (CrPC) , 1973 - Sections 362 and 401
AIR1979SC87; 1979CriLJ33; (1979)2SCC305; [1979]1SCR1114; 1979(11)LC172(SC)
439 (6), 469 (1), 484 and 561-A of Criminal Procedure Code, 1898 and Sections 362 and 401 of CrPC, 1973 - respondents found guilty in criminal cases filed against them under Section 20 (e) - District Magistrate inflicted … find any basis for the conclusion arrived at by the High Court. The notice, under Section 439(2) of the Criminal Procedure Code requires that no order, under Section 439, shall be made to the prejudice of the accused unless he … of the court. Sub-section (2) provides that the accused shall be required to attend, to hear judgment delivered. Section 367 prescribes the language and contents of the judgment and provides that the judgment may be in the alternative.
Tag this Judgment! AI Brief & AskSangeet and anr. Vs. State of HaryanA.
Supreme Court of India
Nov-20-2012
Criminal
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)
2012(11)SCALE140
Code, (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, 1898 - Sections 367(5), 354(3) -- The appellants, as mentioned above, … gone through the record as well as the statement given by the appellants under Section 235 (2) of the Criminal Procedure Code. We have given our anxious consideration to the question of sentence to be awarded to the appellants.Leading judgments
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Rajendra Prasad Vs. State of Uttar Pradesh Overruled
Supreme Court of India
Feb-09-1979
Criminal
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
AIR1979SC916; 1979CriLJ792; (1979)3SCC646; [1979]3SCR78
sentencing aspect which has found prominent place in the Criminal Procedure Code, 1973, but more often ignorantly ignored, needs to be highlighted for future guidance. … the welter of the British Indian and post- Independence decisions and the impact of laconic legislative changes in the Criminal Procedure Code the competition among the retributive, deterrent, the reformative and even the existentialist theories of punishment and of statistical … demands of sentencing justice punitive infliction of death or the lesser punishment of life imprisonment, since the Penal Code leaves the critical choice between physical liquidation and life-long incarceration to the enlightened conscience and sensitized judgment of … 302 I.P.C., has become necessitous, both because the awesome 'either/or' of the Section spells out no specific indicators and law in this fatal area cannot … life-taking, to life sentence. To start with, s. 367(5) obligated the court to 'state the reason why
Tag this Judgment! AI Brief & AskEdiga Anamma Vs. State of Andhra Pradesh
Supreme Court of India
Feb-11-1974
Criminal
Indian Penal Code (IPC) - Sections 149, 201 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 354(3) and 367(5); Evidence Act, 1872 - Sections 27
AIR1974SC799; 1974CriLJ683; (1974)4SCC443; [1974]3SCR329
social and personal data of the culprit to the extent required in the verdict on sentence. However, in the Criminal Procedure Code, 1973, about to come into force, Parliament has wisely written into the law a post-conviction stage when the … there has been a significant change since India became free. Under Section 367(5) of the Criminal Procedure Code, as it stood before its amendment by … of the crime, under Section 201, I.P.C. An appeal by the accused and a referred trial winder the Code resulted in a Bench of the High Court affirming the guilt and upholding the sentence. A jail appeal
Tag this Judgment! AI Brief & AskBachan Singh Vs. State of Punjab
Supreme Court of India
May-09-1980
Criminal
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
(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 … this rule, it had to give reasons for doing so. This requirement was embodied in Sub-section (5) of Section 367, which, as it then stood, was as follows : 'If the accused is convicted of an offence punishable
Tag this Judgment! AI Brief & AskTriveniben Vs. State of Gujarat
Supreme Court of India
Feb-07-1989
Criminal
Indian Penal Code (IPC), 1860 - Sections 73, 120-B, 121, 132, 302, 303, 306, 307 and 396; Code of Criminal Procedure (CrPC) 1973 - Sections 30(2), 235(2), 302, 307, 354, 354(3), 366, 366(2) and 367(5); Constitution of India - Articles 2, 14, 19, 20, 20(2), 21, 32, 72, 141, 142, 144, 145, 145(3), 161 and 226; Supreme Court Rules, 1966 - Rule 2
AIR1989SC1335; 1990CriLJ1810; (1989)1GLR622; JT1989(1)SC314; 1989(1)SCALE301; (1989)1SCC678; [1989]1SCR509
35th 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 … position was that it was the discretion of the Court to award either of the sentences.9. In the CrPC, 1973 Section 354 Clause (3) has now been introduced and it has been provided that in all cases of murder, … was the rule and alternative sentence of imprisonment of life could only be given for special reasons. As Section 367 Clause (5) in the CrPC, 1898 stood:It the accused is convicted for an offence punishable with death, and
Tag this Judgment! AI Brief & AskBalwant Singh Vs. State of Punjab
Supreme Court of India
Nov-11-1975
FERA
Code of Criminal Procedure (CrPC) , 1973 - Sections 354(3) and 367(5)
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 … Under the CrPC, 1898 as it stood before the amendment by Act 26 of 1955, Sub-section (5) of Section 367 required:If the accused is convicted of an offence punishable with death, and the Court sentences him to any
Tag this Judgment! AI Brief & AskBishnu Deo Shaw Vs. State of West Bengal Overruled
Supreme Court of India
Feb-22-1979
Criminal
Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 354(3), 360, 361, 367 and 367(5)
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 … 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
Tag this Judgment! AI Brief & AskDagdu and ors. Vs. State of Maharashtra
Supreme Court of India
Apr-19-1977
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 34, 120, 120B, 163, 164, 164(3), 235, 235(2), 302, 354(3), 360, 367(5) and 377; Indian Penal Code (IPC) - Sections 34, 109, 120B, 164 and 302; Evidence Act, 1872 - Sections 3, 24 to 28, 29, 114 and 133
AIR1977SC1579; 1977CriLJ1206; (1977)3SCC68; [1977]3SCR636
against the acquittal of accused Nos. 4 and 5. It also filed an appeal under Section 377 of the Criminal Procedure Code, 1973 asking that the sentence of life imprisonment imposed on accused Nos. 9 to 12 be enhanced to … was held by this Court (Bhagwati and Fazal Ali JJ.) that the provisions of Section 235 of the CrPC, 1973, which are clear and explicit, require that the Court must in the first instance deliver a judgment convicting … to impose the sentence of death. Prior to the amendment of Section 367(5) of the CrPC, 1898 by Act 26 of 1955, the normal sentence
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