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

May 04 1979

BACHAN SINGH S/O SAUDAGAR SINGH Vs. STATE OF PUNJAB

  • 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 ...

Dec 13 1979

Dhanabal and Anr. Vs. State of Tamil Nadu

  • Decided on : 13-Dec-1979

Court : Supreme Court of India

Reported in : AIR1980SC628; 1980CriLJ439; (1980)2SCC84; [1980]2SCR491

... subsequent evidence before the Committal Court. Equally unsustainable is the plea of the Learned Counsel that a statement recorded under Section 288 of the CrPC of one witness cannot corroborate the statement of another witness under Section 288. The statements are treated as substantive evidence in law and we ... true and could be relied on' and proceeded to observe 'that as there are mere statements admitted in evidence under Section 288 of the CrPC than one, the evidence of one witness before the Committing Court is corroborated by that given by others'. Mr. Mulla, Learned Counsel, submitted that ... can be acted upon. During the investigation the Police Officer, sometimes feels it expedient to have the statement of a witness recorded under Section 164, CrPC. This happens when the witnesses to a crime are closely connected with the accused or where the accused are very influential which may. result ... before the Committing Court is corroborated by that given by others'. Mr. Mulla, Learned Counsel, submitted that a statement recorded under Section 164 of the CrPC indicates that the Police thought that the witnesses could not be relied on as he was likely to change and, therefore, resorted to securing ... witnesses could not be relied on as he was likely to change and, therefore, resorted to securing a statement under Section 164 of the CrPC. The statement thus recorded, cannot be used to corroborate a statement made by witness in the Committal Court. In support of this contention the ...

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 ...

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 ...

Feb 12 1979

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

  • Decided on : 12-Feb-1979

Court : Supreme Court of India

Reported in : AIR1979SC1360; 1979CriLJ1036; (1980)1SCC81; (1980)1SCC91; [1979]3SCR169

... in making the order dated February 5, 1979.11. While concluding, it seems desirable to draw attention to the absence of an explicit provision in the CrPC enabling the release, in appropriate cases, of an under-trial prisoner on his bond without sureties and without any monetary obligation. There is urgent need for ... 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 ... a property oriented approach which seems to proceed on the erroneous assumption that risk of monetary loss is the only deterrent against fleeing from justice. The CrPC, even after its re-enactment, continues to adopt the same antiquated approach as the earlier Code enacted towards the end of the last century, and ... into two categories, one of minor offences and the other, of major offences.18. 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 ... sureties for his appearance, I have to say this briefly. There is an amplitude of power in this regard within the existing provisions of the CrPC and it is for the Courts to fully acquaint themselves with the nature and extent of their discretion in exercising it. I think it is ...

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 ...

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 ...

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 ...

Dec 04 1979

State of Maharashtra Vs. Natwarlal Damodardas Soni

  • Decided on : 04-Dec-1979

Court : Supreme Court of India

Reported in : AIR1980SC593; 1980CriLJ429; 1980CENCUS85D; 1983(13)ELT1620(SC); (1980)4SCC669; [1980]2SCR340; 1980(12)LC171(SC)

... not applicable in the present case, because the seizure of the gold was not made by the Customs Authorities under the Customs Act, 1962, but by the Police under the CrPC. This being the case-proceeds the argument- the burden lay heavily on the prosecution to prove every ingredient of the offences with which the accused stood charged. It is maintained ... produce any evidence to show that the gold in question was smuggled gold.9. Taking the first contention first, it may be observed that the police had powers under the CrPC to search and seize this gold if they had reason to believe that a cognizable offence had been committed in respect thereof. Assuming arguendo, that the search was illegal, then ... raised on behalf of the appellant was that the search and seizure was illegal inasmuch as it was in contravention of the provisions of Sections 103 and 165 of the CrPC. Mudholkar, J. speaking for the Court, repelled this contention, thus:So far as the alleged illegality of the search is concerned, it is sufficient to say that even assuming that ... say that even assuming that the search was illegal the seizure of the articles is not vitiated. It may be that where the provisions of Sub-section 103 and 165, CrPC, are contravened the search could be resisted by the person whose premises are sought to be searched. It may also be that because of the illegality of the search the ...

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 ...

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