Court : Supreme Court of India
Decided on : Sep-15-2017
..... to section 176(1a) of the code of criminal procedure, 1973 which mandates that where there is a death or disappearance from the custody of the police or any other custody authorized by a magistrate or a court, in addition to the inquiry or investigation held by the police, an inquiry shall be held by the judicial magistrate or the metropolitan magistrate, as the case may be, within whose local jurisdiction the offence has been committed.3 it was submitted that in 3 176. inquiry by magistrate into cause of death. (1) when the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 174, the nearest magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 174, any magistrate so empowered may hold an inquiry into the cause of death ..... either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence. (1a) where, (a) any person dies .....
Tag this Judgment!Court : Delhi
Decided on : Sep-05-2017
..... committed an offence after june 23, 2006 when act no.25 of 2005 was notified and section 311a inserted in the code of criminal procedure, 1973. prior to june 23, 2006 even a magistrate could not direct a person accused to give specimen signatures or handwriting samples. even if the magistrate directed, the said evidence was held to be inadmissible as per the decision of the supreme court in air1980sc791state of ..... to punishment merely on the basis of answers given while he was being examined under section 313 crpc. but, sub-section (4) says that the answers given by the accused in response to his examination under crl.a. 134/2016 & conn. matters page 45 of 177 section 313 crpc can be taken into consideration in such an inquiry or trial. this court in hate singh bhagat singh [hate singh bhagat singh ..... 2000, 30,000/- on 1st february, 2000. this is further corroborated by the opinion of pw-51 who proved hand- writing of the appellant on the cheques ex.pw-51/158 to 176 except crl.a. 134/2016 & conn. matters page 110 of 177 ex.pw-51/163 for withdrawal of 1,06,000/- on 5th february, 1999 which was in the ..... investigation the cause of the death. it being relevant, it can be proved by producing the same. but production is only a step towards proof of it. it can be received in evidence only on the crl.a. 134/2016 & conn. matters page 30 of 177 establishment of its authenticity by the mode of its proof as provided under sections 67 to 71 of the evidence act. section 294(1) of the code enables .....
Tag this Judgment!Court : Delhi
Decided on : Sep-05-2017
..... committed an offence after june 23, 2006 when act no.25 of 2005 was notified and section 311a inserted in the code of criminal procedure, 1973. prior to june 23, 2006 even a magistrate could not direct a person accused to give specimen signatures or handwriting samples. even if the magistrate directed, the said evidence was held to be inadmissible as per the decision of the supreme court in air1980sc791state of ..... to punishment merely on the basis of answers given while he was being examined under section 313 crpc. but, sub-section (4) says that the answers given by the accused in response to his examination under crl.a. 134/2016 & conn. matters page 45 of 177 section 313 crpc can be taken into consideration in such an inquiry or trial. this court in hate singh bhagat singh [hate singh bhagat singh ..... 2000, 30,000/- on 1st february, 2000. this is further corroborated by the opinion of pw-51 who proved hand- writing of the appellant on the cheques ex.pw-51/158 to 176 except crl.a. 134/2016 & conn. matters page 110 of 177 ex.pw-51/163 for withdrawal of 1,06,000/- on 5th february, 1999 which was in the ..... investigation the cause of the death. it being relevant, it can be proved by producing the same. but production is only a step towards proof of it. it can be received in evidence only on the crl.a. 134/2016 & conn. matters page 30 of 177 establishment of its authenticity by the mode of its proof as provided under sections 67 to 71 of the evidence act. section 294(1) of the code enables .....
Tag this Judgment!Court : Delhi
Decided on : Sep-05-2017
..... committed an offence after june 23, 2006 when act no.25 of 2005 was notified and section 311a inserted in the code of criminal procedure, 1973. prior to june 23, 2006 even a magistrate could not direct a person accused to give specimen signatures or handwriting samples. even if the magistrate directed, the said evidence was held to be inadmissible as per the decision of the supreme court in air1980sc791state of ..... to punishment merely on the basis of answers given while he was being examined under section 313 crpc. but, sub-section (4) says that the answers given by the accused in response to his examination under crl.a. 134/2016 & conn. matters page 45 of 177 section 313 crpc can be taken into consideration in such an inquiry or trial. this court in hate singh bhagat singh [hate singh bhagat singh ..... 2000, 30,000/- on 1st february, 2000. this is further corroborated by the opinion of pw-51 who proved hand- writing of the appellant on the cheques ex.pw-51/158 to 176 except crl.a. 134/2016 & conn. matters page 110 of 177 ex.pw-51/163 for withdrawal of 1,06,000/- on 5th february, 1999 which was in the ..... investigation the cause of the death. it being relevant, it can be proved by producing the same. but production is only a step towards proof of it. it can be received in evidence only on the crl.a. 134/2016 & conn. matters page 30 of 177 establishment of its authenticity by the mode of its proof as provided under sections 67 to 71 of the evidence act. section 294(1) of the code enables .....
Tag this Judgment!Court : Delhi
Decided on : Sep-05-2017
..... committed an offence after june 23, 2006 when act no.25 of 2005 was notified and section 311a inserted in the code of criminal procedure, 1973. prior to june 23, 2006 even a magistrate could not direct a person accused to give specimen signatures or handwriting samples. even if the magistrate directed, the said evidence was held to be inadmissible as per the decision of the supreme court in air1980sc791state of ..... to punishment merely on the basis of answers given while he was being examined under section 313 crpc. but, sub-section (4) says that the answers given by the accused in response to his examination under crl.a. 134/2016 & conn. matters page 45 of 177 section 313 crpc can be taken into consideration in such an inquiry or trial. this court in hate singh bhagat singh [hate singh bhagat singh ..... 2000, 30,000/- on 1st february, 2000. this is further corroborated by the opinion of pw-51 who proved hand- writing of the appellant on the cheques ex.pw-51/158 to 176 except crl.a. 134/2016 & conn. matters page 110 of 177 ex.pw-51/163 for withdrawal of 1,06,000/- on 5th february, 1999 which was in the ..... investigation the cause of the death. it being relevant, it can be proved by producing the same. but production is only a step towards proof of it. it can be received in evidence only on the crl.a. 134/2016 & conn. matters page 30 of 177 establishment of its authenticity by the mode of its proof as provided under sections 67 to 71 of the evidence act. section 294(1) of the code enables .....
Tag this Judgment!Court : Delhi
Decided on : Sep-05-2017
..... committed an offence after june 23, 2006 when act no.25 of 2005 was notified and section 311a inserted in the code of criminal procedure, 1973. prior to june 23, 2006 even a magistrate could not direct a person accused to give specimen signatures or handwriting samples. even if the magistrate directed, the said evidence was held to be inadmissible as per the decision of the supreme court in air1980sc791state of ..... to punishment merely on the basis of answers given while he was being examined under section 313 crpc. but, sub-section (4) says that the answers given by the accused in response to his examination under crl.a. 134/2016 & conn. matters page 45 of 177 section 313 crpc can be taken into consideration in such an inquiry or trial. this court in hate singh bhagat singh [hate singh bhagat singh ..... 2000, 30,000/- on 1st february, 2000. this is further corroborated by the opinion of pw-51 who proved hand- writing of the appellant on the cheques ex.pw-51/158 to 176 except crl.a. 134/2016 & conn. matters page 110 of 177 ex.pw-51/163 for withdrawal of 1,06,000/- on 5th february, 1999 which was in the ..... investigation the cause of the death. it being relevant, it can be proved by producing the same. but production is only a step towards proof of it. it can be received in evidence only on the crl.a. 134/2016 & conn. matters page 30 of 177 establishment of its authenticity by the mode of its proof as provided under sections 67 to 71 of the evidence act. section 294(1) of the code enables .....
Tag this Judgment!Court : Delhi
Decided on : Sep-05-2017
..... committed an offence after june 23, 2006 when act no.25 of 2005 was notified and section 311a inserted in the code of criminal procedure, 1973. prior to june 23, 2006 even a magistrate could not direct a person accused to give specimen signatures or handwriting samples. even if the magistrate directed, the said evidence was held to be inadmissible as per the decision of the supreme court in air1980sc791state of ..... to punishment merely on the basis of answers given while he was being examined under section 313 crpc. but, sub-section (4) says that the answers given by the accused in response to his examination under crl.a. 134/2016 & conn. matters page 45 of 177 section 313 crpc can be taken into consideration in such an inquiry or trial. this court in hate singh bhagat singh [hate singh bhagat singh ..... 2000, 30,000/- on 1st february, 2000. this is further corroborated by the opinion of pw-51 who proved hand- writing of the appellant on the cheques ex.pw-51/158 to 176 except crl.a. 134/2016 & conn. matters page 110 of 177 ex.pw-51/163 for withdrawal of 1,06,000/- on 5th february, 1999 which was in the ..... investigation the cause of the death. it being relevant, it can be proved by producing the same. but production is only a step towards proof of it. it can be received in evidence only on the crl.a. 134/2016 & conn. matters page 30 of 177 establishment of its authenticity by the mode of its proof as provided under sections 67 to 71 of the evidence act. section 294(1) of the code enables .....
Tag this Judgment!Court : Delhi
Decided on : Sep-05-2017
..... committed an offence after june 23, 2006 when act no.25 of 2005 was notified and section 311a inserted in the code of criminal procedure, 1973. prior to june 23, 2006 even a magistrate could not direct a person accused to give specimen signatures or handwriting samples. even if the magistrate directed, the said evidence was held to be inadmissible as per the decision of the supreme court in air1980sc791state of ..... to punishment merely on the basis of answers given while he was being examined under section 313 crpc. but, sub-section (4) says that the answers given by the accused in response to his examination under crl.a. 134/2016 & conn. matters page 45 of 177 section 313 crpc can be taken into consideration in such an inquiry or trial. this court in hate singh bhagat singh [hate singh bhagat singh ..... 2000, 30,000/- on 1st february, 2000. this is further corroborated by the opinion of pw-51 who proved hand- writing of the appellant on the cheques ex.pw-51/158 to 176 except crl.a. 134/2016 & conn. matters page 110 of 177 ex.pw-51/163 for withdrawal of 1,06,000/- on 5th february, 1999 which was in the ..... investigation the cause of the death. it being relevant, it can be proved by producing the same. but production is only a step towards proof of it. it can be received in evidence only on the crl.a. 134/2016 & conn. matters page 30 of 177 establishment of its authenticity by the mode of its proof as provided under sections 67 to 71 of the evidence act. section 294(1) of the code enables .....
Tag this Judgment!Court : Delhi
Decided on : Sep-05-2017
..... committed an offence after june 23, 2006 when act no.25 of 2005 was notified and section 311a inserted in the code of criminal procedure, 1973. prior to june 23, 2006 even a magistrate could not direct a person accused to give specimen signatures or handwriting samples. even if the magistrate directed, the said evidence was held to be inadmissible as per the decision of the supreme court in air1980sc791state of ..... to punishment merely on the basis of answers given while he was being examined under section 313 crpc. but, sub-section (4) says that the answers given by the accused in response to his examination under crl.a. 134/2016 & conn. matters page 45 of 177 section 313 crpc can be taken into consideration in such an inquiry or trial. this court in hate singh bhagat singh [hate singh bhagat singh ..... 2000, 30,000/- on 1st february, 2000. this is further corroborated by the opinion of pw-51 who proved hand- writing of the appellant on the cheques ex.pw-51/158 to 176 except crl.a. 134/2016 & conn. matters page 110 of 177 ex.pw-51/163 for withdrawal of 1,06,000/- on 5th february, 1999 which was in the ..... investigation the cause of the death. it being relevant, it can be proved by producing the same. but production is only a step towards proof of it. it can be received in evidence only on the crl.a. 134/2016 & conn. matters page 30 of 177 establishment of its authenticity by the mode of its proof as provided under sections 67 to 71 of the evidence act. section 294(1) of the code enables .....
Tag this Judgment!Court : Delhi
Decided on : Sep-05-2017
..... committed an offence after june 23, 2006 when act no.25 of 2005 was notified and section 311a inserted in the code of criminal procedure, 1973. prior to june 23, 2006 even a magistrate could not direct a person accused to give specimen signatures or handwriting samples. even if the magistrate directed, the said evidence was held to be inadmissible as per the decision of the supreme court in air1980sc791state of ..... to punishment merely on the basis of answers given while he was being examined under section 313 crpc. but, sub-section (4) says that the answers given by the accused in response to his examination under crl.a. 134/2016 & conn. matters page 45 of 177 section 313 crpc can be taken into consideration in such an inquiry or trial. this court in hate singh bhagat singh [hate singh bhagat singh ..... 2000, 30,000/- on 1st february, 2000. this is further corroborated by the opinion of pw-51 who proved hand- writing of the appellant on the cheques ex.pw-51/158 to 176 except crl.a. 134/2016 & conn. matters page 110 of 177 ex.pw-51/163 for withdrawal of 1,06,000/- on 5th february, 1999 which was in the ..... investigation the cause of the death. it being relevant, it can be proved by producing the same. but production is only a step towards proof of it. it can be received in evidence only on the crl.a. 134/2016 & conn. matters page 30 of 177 establishment of its authenticity by the mode of its proof as provided under sections 67 to 71 of the evidence act. section 294(1) of the code enables .....
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