What legal pleas are open to a person charged with defamation? [MPCJ 2009] Ans. Section 499 IPC defines the offence of defamation with specificity and particularity and enumerates ten broad Exceptions when statements against a person will not be considered…
Briefly state the distinction between the following concepts. (i) Abetment and criminal conspiracy (ii) Assault and using criminal force [MPCJ 2009] (i) Abetment and criminal conspiracy Ans. Both abetment and criminal conspiracy are inchaote offence. Under section 107 clause secondly…
What is an ‘Unlawful Assembly’ ? When is a member of an unlawful assembly constructively liable for the offence committed by any other member of that Assembly ? Can less than five persons be convicted with the aid of Section…
Arnab Ranjan Goswami v. Union of India and others Citation – Writ Petition (Crl) No. 130 of 2020 Bench – D.Y. Chandrachud and M.R. Shah Date – May 19, 2020 Facts of the Case The petition was brought by Arnab…
Aparna Bhat v. State of Madhya Pradesh Citation – 2021 SCC OnLine SC 230 Court – Supreme Court of India Bench – AM Khanwilkar and S. Ravindra Bhat Date of Judgement – 18.03.2021 Facts of the Case Advocate Aparna Bhat…
Whether the provision of Section 27 of the Evidence Act is most misused weapon in the hands of police? If yes, what is required to be done? Ans: Using force to compel statements leading to discovery is the root of…
Whether the provision of Section 27 of Evidence Act is constitutionally valid? Ans: In the case of JETHIYA V STATE – reported in AIR 1955 Raj 147, it has been held that this Section is not void under Art. 13(1)…
What is the evidentiary value of ‘Discovery’? Whether conviction can be based solely upon the evidence of ‘Discovery’? Ans: The evidence of discovery is always a question of fact and therefore, its appreciation always depends upon the facts and circumstances…
What is required to be proved from the Discovery Panchnama particularly when the Panch witnesses of such Panchnama turn hostile? Ans: The same question was dealt with by Hon’ble Gujarat High Court in case of RAMESHBHAI HAJABHAI CHACHIYA V STATE…
How much of information received from the accused, while in custody, may be proved? Ans: A confessional statement by an accused before a police officer cannot be proved against the accused according to Section-25 of the Evidence Act. A confessional…