27Sep 2018 by admin

Conviction on plea of guilty (Section 229 of CrPc)

Law
Legal provisions regarding conviction on plea of guilty under section 229 of the Code of Criminal Procedure, 1973.Section 229 of the Code of Criminal Procedure provides that if the accused pleads guilty, the judge shall record the plea and may, in his discretion, convict him thereon. Image Source: i.ytimg.com ADVERTISEMENTS: The accused should plead by his own mouth and not through his counsel or pleader. Any admission made by his pleader is not binding on him.The accused can plead guilty under Section 229, or he can claim to be tried under Section 230, or he can refuse to plead. The plea of ‘not guilty’ is not recognized by the Code and it amounts to a claim to be tried.It would be violative of Article 21 of the Constitution to induce…
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27Sep 2018 by admin

Constitution of the Juvenile Justice Board (Section 4)

Juvenile Justice
Legal provisions regarding Constitution of the Juvenile Justice Board under Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2000.(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the State Government may, within a period of one year from the date of commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 (i.e., w.e.f. 22-08-2006), by notification in the Official Gazette, constitute for a district or a group of districts specified in the notification, one or more Juvenile Justice Boards for exercising the powers and discharging the duties conferred or imposed on such Boards in relation to juveniles in conflict with law under this Act. Image Source: adeca.alabama.gov ADVERTISEMENTS: (2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate…
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27Sep 2018 by admin

Section 30 of the Indian Evidence Act, 1872

Common Law
Consideration of proved confession affecting person making it and others jointly under trial for same offence:When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who’ makes such confession. Image Source: i.kinja-img.com ADVERTISEMENTS: Explanation:“Offence,” as used in this section, includes the abetment of, or attempt to commit the offence.Illustrations: (a) A and  are jointly tried for the murder of C. It is proved that A said—“B and I murdered C.” The Court may consider the effect of this confession as against B. ADVERTISEMENTS: (b) A is on his…
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27Sep 2018 by admin

Section 68 of the Indian Evidence Act, 1872

Law
Proof of execution of document required by law to be attested:If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence: Image Source: maxxelli-consulting.com ADVERTISEMENTS: Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a Will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied.Comments: Principle: Section 68 applies…
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27Sep 2018 by admin

Distinction between Issue-estoppel or Res Judicata and Double Jeopardy or Autrefois Acquit

Law
The rule of issue-estoppel differs from the plea of double jeopardy, i.e., no person shall be put in jeopardy twice for the same offence in two respects:(1) First, it does not introduce any variation in the investigation, inquiry or trial under the Code of Criminal Procedure. Image Source: i.ytimg.com ADVERTISEMENTS: (2) Secondly, it does not prevent the trial of any offence as does the rule of double jeopardy, but only precludes the evidence being led to prove a fact in issue about which a finding has already been arrived at, at an earlier trial before a competent Court.The rule of issue estoppel relates to the admissibility of evidence, which is designed to upset a finding of fact recorded by a competent Court at a previous trial. Thus, the rule of…
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27Sep 2018 by admin

Section 61 of the Indian Evidence Act, 1872

Law
Proof of contents of documents:The contents of documents may be proved either by primary or by secondary evidence. Image Source: flagstaffgroup.com.au ADVERTISEMENTS: Comments: Section 61 provides that the contents of document can be proved either.— (i) by primary evidence, i.e. by producing the document itself (Section 62) or (ii) by secondary evidence (Section 63). When primary evidence is not available secondary evidence may be permitted by the court to prove the contents of document. There is no other method of proving the contents of document. “The truth or otherwise of the facts or contents so stated would have to be proved by admissible evidence i.e. by the evidence of those persons who can vouchsafe for the truth of the facts in issue. The contents of document without formal proof cannot…
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27Sep 2018 by admin

Section 60 of the Indian Evidence Act, 1872

Law
Oral evidence must be direct:Oral evidence must, in all cases whatever, be direct; that is to say— Image Source: pcij.org ADVERTISEMENTS: If it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it;If it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it;If it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner;If it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that…
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27Sep 2018 by admin

Section 66 of the Indian Evidence Act, 1872

Law
Rules as to notice to produce:Secondary evidence of the contents of the documents referred to in Section 65, Clause (a), shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to his attorney or pleader, such notice to produce it as is prescribed by law; and if no notice is prescribed by law, then such notice as the Court considers reasonable under the circumstances of the case: Image Source: simplifyem.com ADVERTISEMENTS: Provided that such notice shall not be required in order to render secondary evidence admissible in any of the following cases, or in any other case in which the Court thinks fit to dispense with it:(1) When the document to be…
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27Sep 2018 by admin

Section 58 of the Indian Evidence Act, 1872

Law
Facts admitted need not be proved:No fact need to be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings: Image Source: 4medapproved.com ADVERTISEMENTS: Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions.Comments: Principle: Facts admitted by the parties or their agents need not be proved. Section 58 lays down that if the parties to the proceeding or their agents agree to admit a fact at the hearing or which they agree to admit by writing…
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27Sep 2018 by admin

Section 76 of the Indian Evidence Act, 1872

Law
Certified copies of public documents:Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefore, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal; and such copies so certified shall be called certified copies. Image Source: getaos.com ADVERTISEMENTS: Explanation:Any officer who, by the ordinary course of official duty, is authorized to deliver…
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