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Search Results Judgments > Act:crpc Court:Supreme Year:1979

May 04 1979


  • Decided on : 04-May-1979

Court : Supreme Court of India

Reported in : (1982)3SCC24; 19831SCR145;

... that the constitutional validity and interpretation of the impugned limb of Section 302, Penal Code, and the sentencing procedure for capital cases provided in Section 354(3) of the CrPC, 1973, must be considered in the light of the aforesaid Stockholm Declaration and the International Covenant, which represent the evolving attitudes and standards of decency in a maturing world ... the Section, the appropriate Government may commute a sentence of death, for any other punishment provided by the Indian Penal Code.160. With effect from December 18, 1978, the CrPC (Amendment) Act, 1978, inserted new Section 433A, which runs as under :433A. Restriction on powers of remission or commutation in certain cases-Notwithstanding anything contained in Section 432, where ... towards narrowing or widening the scope for infliction of death penalty." If we look at the legislative history of the relevant provisions of the Indian Penal Code and the CrPC we find that in our country there has been a gradual shift against the imposition of death penalty. "The legislative development, through several successive amendments had shifted the ... to be adjusted and attuned to the shift in the legislative policy. The first of those propositions is No. (iv) (a) which postulates, that according to the then extant CrPC both the alternative sentences provided in Section 302, Penal Code are normal sentences, and the Court can, therefore, after weighing the aggravating and mitigating circumstances of the particular case ...

Feb 26 1979

Hussainara Khatoon and Ors. Vs. Home Secretary, State of Bihar, Patna

  • Decided on : 26-Feb-1979

Court : Supreme Court of India

Reported in : 1979(0)BLJR600; (1980)1SCC93; [1979]3SCR393; 1979(11)LC775(SC)

... counter-affidavit whether the under-trial prisoners whose particulars are given there, are being produced periodically before the Magistrate as required by the proviso to Section 167(2) of the CrPC, 1973. We should like to know from the Government in a proper affidavit to be filed before us on or before 3rd March, 1979 whether these under-trial prisoners were ... jails after dividing them broadly into two categories, one of minor offences and the other of major offences.7. Our attention has also been drawn to Section 468 of the CrPC 1973 which in Sub-section (1) provides that except as otherwise provided elsewhere in the Code, no court shall take cognizance of an offence of the category specified in Sub ... to this Court, first at the end of four weeks and then at the end of the next two weeks.8. We also find from Section 167(5) of the CrPC, 1973 that if in any case triable by a Magistrate as a summons cases the investigation is not concluded within a period of six months from the date on which ...

Dec 05 1979

Rajput Ruda Meha and Ors. Vs. State of Gujarat

  • Decided on : 05-Dec-1979

Court : Supreme Court of India

Reported in : AIR1980SC1707; 1980CriLJ1246; (1980)0GLR40; (1980)1SCC677; [1980]2SCR353

... depth, being disinclined summarily to dismiss. Regarding the power of the Court to summarily dismiss the appeal under Section 384 of the CrPC, the submission of the Learned Counsel was that the provisions of the CrPC are not applicable to the Supreme Court which contention was not accepted by the Court.6. Neither in the application for ... the matter to be placed before the Constitution Bench, there was any reference to the validity of Section 384 of the CrPC. Neither was it pleaded during the arguments that Section 384 of the CrPC is ultra vires of the Constitution. As the question of validity of Section 384 the Code, of Criminal Procedure was neither ... , we find that, there are no sufficient grounds of interference. The appeal is summarily dismissed under Section 384 of the CrPC.4. After we pronounced our judgment dismissing the appeal summarily under Section 384 of the CrPC, but before signing; the judgment, a decision of this Court-Sita Ram and Ors. v. State of U.P. : ... the scope of the power of the Courts to dismiss an appeal summarily under Section 384 of the CrPC has been referred. In that case an appeal was preferred to this Court under Section 379 of the CrPC, 1973 read with Section 2(a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. The ... indicated in the decision.7. We are satisfied for the reasons stated above that the decision is no authority regarding the scope of Section 384 of the CrPC. The order of dismissal of the appeal summarily ...

May 03 1979

State of Tamil Nadu Vs. V. Krishnaswami Naidu and Anr.

  • Decided on : 03-May-1979

Court : Supreme Court of India

Reported in : AIR1979SC1255; 1979CriLJ1069; (1979)4SCC5; [1979]3SCR928

... before a Special Judge and for the purposes of the said provisions a Special Judge shall be deemed to be a Magistrate. Section 350 of the CrPC enables a succeeding Special Judge to act on the evidence recorded by his predecessor or partly recorded by his predecessor and partly recorded by himself. ... that the General Clauses Act Section 32 defines a Magistrate as including every person exercising all or any of the powers of a Magistrate under the CrPC for the time being in force. Section 3 of the Criminal Procedure Code provides that any reference without any qualifying words, to a Magistrate, shall be ... without the accused being committed to him for trial; and(ii) in trying the accused persons he is required to follow the procedure prescribed by the CrPC in the trial of warrant cases by Magistrates.5. It may be noted that the Special Judge is not a Sessions Judge, Additional Sessions Judge ... the Special Judge to take cognizance of offence without committal and directs that in trying the accused persons it shall follow the procedure prescribed by the CrPC. Sub-section 3 deems a special judge to be a Court of Sessions for certain purposes while Sub-section (2) empowers the Special Judge to ... for trial of warrant cases by a Magistrate. Under Section 8(3) except as regards the provisions in Sub-sections (1) and (2) the provisions of CrPC is made applicable in so far as they are not inconsistent with the Criminal Law (Amendment) Act. This taken alongwith the fact that the Criminal Law ...

Feb 22 1979

Bishnu Deo Shaw Vs. State of West Bengal

  • Decided on : 22-Feb-1979

Court : Supreme Court of India

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

... the principles in Rajendra Prasad v. State of Uttar Pradesh. (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 years clearly indicate that Parliament is taking note of contemporary criminological thought ... Sentence is ordinarily ruled out and can only be imposed for 'Special reasons', Judges are left with the task of discovering 'Special reasons'.25. Let us first examine if the CrPC gives any clue leading to the discovery of 'Special reasons'.26. Apart from Section 354(3) there is another provision in the Code which also uses the significant expression 'special ... , to mean that the sentence of life imprisonment was the normal sentence for murder and the sentence of death could 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 new Code now provides:When the conviction is for an offence punishable with death or ... the Code has undergone in the last 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 imposed in a case of murder. The result was that it was thought that in ...

Nov 13 1979

State of Bihar and Anr. Vs. J.A.C. Saldanha and Ors.

  • Decided on : 13-Nov-1979

Court : Supreme Court of India

Reported in : AIR1980SC326; 1980CriLJ98; (1980)1SCC554; [1980]2SCR16

... ). Whether the State Government was competent to direct further investigation in a criminal case in which a report was submitted by the investigating agency under Section 173(2) of the CrPC, 1973 ('Code' for short) to the Magistrate having jurisdiction to try the case ? (lb). Whether the Magistrate having jurisdiction to try the case committed an illegality in postponing consideration of ... activity reserved for police and the executive. It would be advantageous to extract what this Court observed in S.N. Sharma's case:It appears to us that, though the CrPC gives to the police unfettered power to investigate all cases where they suspect that a cognizable offence has been committed, in appropriate cases an aggrieved person can always seek a ... by any stretch of imagination be said not to be an officer superior in rank to an officer in charge of a police station. While interpreting Section 551 of the CrPC, 1908 (1908 Code' for short), which was in pari materia with Section 36 of the Code, this Court in R. P. Kapoor and Ors. v. Sardar Partap Singh Kairon and ...

Apr 19 1979

Hussainara Khatoon and Ors. Vs. Home Secretary, State of Bihar, Patna

  • Decided on : 19-Apr-1979

Court : Supreme Court of India

Reported in : AIR1979SC1377; 1979CriLJ1052; (1980)1SCC108; [1979]3SCR760

... 17 confined in the Patna Central Jail prior to their release on personal bond, were produced before the Magistrates to compliance with the proviso to Section 167(2) of the CrPC. A similar affidavit dated 4th April, 1979 has also been filed by Pradeep Kumar Gangoli, Superintendent of Muzaffarpur Jail along with a chart showing the dates on which petitioners Nos ... against under-trial prisoners are triable as summons cases, for the purpose of ascertaining whether there has been compliance with the provision of Section 167, Sub-section (5) of the CrPC. It is clear from this provision that if in any case triable by a Magistrate as a summons case the investigation is not concluded within a period of six months ...

Mar 05 1979

Ram Lal Vs. State of Uttar Pradesh

  • Decided on : 05-Mar-1979

Court : Supreme Court of India

Reported in : AIR1979SC1498; 1980CriLJ826; (1979)2SCC192; [1979]3SCR448; 1979(11)LC835(SC)

... required to do so. The District Magistrate, Dehradun, therefore, forfeited the surety bonds' and issued a warrant of attachment against the sureties under Section 514 of the CrPC, 1898. The appellant preferred an appeal to the High Court of Allahabad against the order of forfeiture. Before the High Court it was submitted that the ... He submitted that someone must be primarily bound before the surety could be bound and his bond forfeited. He invited our attention to Section 499 of the CrPC, 1898, and form No. 42 of the forms in Schedule V. He relied on the decisions in Brahma Nand Misra v. Emperor : AIR1939All682 and Sailash Chandra Chakraborty ... by the accused and the sureties, as it were, to be signed by the accused and counter signed by the sureties. Form No. 42 of Schedule V, CrPC, 1898, was as follows:XLII-bond and bail-bond on a preliminary Inquiry before a Magistrate.(See Sections 496 and 499)I, (name), of (place), being ... . He relied upon the decisions in Abdul Aziz and Anr. v. Emperor : AIR1946All116 and Mewa Ram Anr. v. State : AIR1953All481 .3. Section 499(1) of the CrPC Code 1898 was in the following terms:Before any person is released on bail or released on his own bond, a bond for such sum of ... not make the bond executed by the surety an invalid one. In Mewa Ram and Anr. v. State (supra) the difference between a surety under the CrPC and a surety under the Civil Law was pointed out and the view taken in Abdul Aziz and Anr. v. Emperor (supra) was reiterated. We agree ...

Jan 16 1979

Superintendent and Remembrancer of Legal Affairs, West Bengal Vs. Ashu ...

  • Decided on : 16-Jan-1979

Court : Supreme Court of India

Reported in : (1979)4SCC381; 1979(11)LC497(SC)

... parties and have also perused the order of the High Court very carefully. At the time when the enquiry was conducted by the committing Magistrate, the old CrPC, 1898 was applicable and the new CrPC 1973 had not come into force. Under the old Code the Magistrate should have committed the case to the Court of Sessions if he was satisfied that ... or investigation pending, then such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with provisions of the CrPC, 1898, as in force immediately before such commencement (hereinafter referred to as the old Code), as if this Code had not come into force; (Provided that every inquiry under Chapter ... and set aside the order of the High Court quashing the proceedings against respondents and send the matter back to the Magistrate. Under the provisions of Section 484 of the CrPC, 1973, it is obvious that at the time when the new Code came into force in the year 1973 no commitment enquiry was pending before the court which had already ...

May 04 1979

Dalbir Singh and Ors. Vs. State of Punjab

  • Decided on : 04-May-1979

Court : Supreme Court of India

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

... not 'law declared by this Court' under Article 141 of the Constitution. Any attempt to limit or 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 nonwhite collar offences or laying down so-called guidelines for imposition of the extreme penalty, would amount to ... be pointed out, if I may say so, with respect, would be unwarranted and contrary to Section 302 of the Indian Penal Code read with Section 354(3) of the CrPC. Section 302 of the Indian Penal Code gives a choice while Section 354(3) of the Code merely requires 'special reasons' to be indicated for imposing the death penalty. Nothing ... given is that the 'special reasons' must relate 'not to the crime as such but to the criminal' for which there is no warrant in Section 354(3) of the CrPC,30. I may also venture to say, the obsession to get the death penalty abolished from the Statute Book, i.e., Indian Penal Code, 1860, is so great that an ...

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