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Judgements

Guidelines to be followed by the police while registering FIR (2016-09-07)

Code of Criminal Procedure, 1973; S. 154 ----- Guidelines to be followed by the police while registering F.I.R. ----- (a) An accused is entitled to get a copy of the First Information Report at... Read More

Code of Criminal Procedure, 1973; S. 154 ----- Guidelines to be followed by the police while registering F.I.R. -----

(a) An accused is entitled to get a copy of the First Information Report at under Section 207 of the Cr.P.C.
(b) An accused who has reasons to suspect that he has been roped in a criminal case and his name may be finding place in a First Information Report can submit an application through his representative/agent/parokar for grant of a certified copy before the concerned police officer or to the Superintendent of Police on payment of such fee which is payable for obtaining such a copy from the Court. On such application being made, the copy shall be supplied within twenty-four hours.
(c) Once the First Information Report is forwarded by the police station to the concerned Magistrate or any Special Judge, on an application being filed for certified copy on behalf of the accused, the same shall be given by the Court concerned within two working days. The aforesaid direction has nothing to do with the statutory mandate inhered under Section 207 of the Cr.P.C.
(d) The copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category, offences under POCSO Act and such other offences, should be uploaded on the police website, and if there is no such website, on the official website of the State Government, within twenty-four hours of the registration of the First Information Report so that the accused or any person connected with the same can download the FIR and file appropriate application before the Court as per law for redressal of his grievances. It may be clarified here that in case there is connectivity problems due to geographical location or there is some other unavoidable difficulty, the time can be extended up to forty-eight hours. The said 48 hours can be extended maximum up to 72 hours and it is only relatable to connectivity problems due to geographical location.

(e) The decision not to upload the copy of the FIR on the website shall not be taken by an officer below the rank of Deputy Superintendent of Police or any person holding equivalent post. In case, the States where District Magistrate has a role, he may also assume the said authority. A decision taken by the concerned police officer or the District Magistrate shall be duly communicated to the concerned jurisdictional Magistrate.
(f) The word 'sensitive' apart from the other aspects which may be thought of being sensitive by the competent authority as stated hereinbefore would also include concept of privacy regard being had to the nature of the FIR. The examples given with regard to the sensitive cases are absolutely illustrative and are not exhaustive.
(g) If an FIR is not uploaded, needless to say, it shall not enure per se a ground to obtain the benefit under Section 438 of the Cr.P.C.
(h) In case a copy of the FIR is not provided on the ground of sensitive nature of the case, a person grieved by the said action, after disclosing his identity, can submit a representation to the Superintendent of Police or any person holding the equivalent post in the State. The Superintendent of Police shall constitute a committee of three officers which shall deal with the said grievance. As far as the Metropolitan cities are concerned, where Commissioner is there, if a representation is submitted to the Commissioner of Police who shall constitute a committee of three officers. The committee so constituted shall deal with the grievance within three days from the date of receipt of the representation and communicate it to the grieved person.
(i) The competent authority referred to hereinabove shall constitute the committee, as directed herein-above, within eight weeks from today.
(j) In cases wherein decisions have been taken not to give copies of the FIR regard being had to the sensitive nature of the case, it will be open to the accused/his authorized representative/parokar to file an application for grant of certified copy before the Court to which the FIR has been sent and the same shall be provided in quite promptitude by the concerned Court not beyond three days of the submission of the application.
(k) The directions for uploading of FIR in the website of all the States shall be given effect from 15th November, 2016.

Compounding of offence punishable under section 138 N. I. Act --- Guidelines given by the Apex Court for settlement of the offence (2010-05-03)

Negotiable Instruments Act, 1881; S. 138/147 ----- Compounding of offence punishable under section 138 N. I. Act ----- Guidelines given by the Apex Court for settlement of the offence ---- THE... Read More

Right of Court to put question (2018-04-13)

Evidence Act, 1872; S. 165 – Right of Court to put question – Held: Court has a right to ask the party even relevant or irrelevant questions and the parties or their counsel cannot raise... Read More

Whether a false allegation of impotency is an act of cruelty to create a ground for divorce (2016-08-08)

Hindu Marriage Act, 1955; S. 13 ----- whether a false allegation of impotency is an act of cruelty to create a ground for divorce ----- Held: the unproved allegations of the wife that the husband was... Read More

Non-appearance of the complainant (2016-02-29)

Code of Criminal Procedure, 1973; S. 256 -- Negotiable Instruments Act, 1882; S. 138—Whether dismissal of complaint due to non-appearance of the complainant amounts to acquittal of the accused... Read More

Evidence Act - Electronic record (2014-09-18)

Evidence Act, 1872; S. 65B (2) – Electronic record -- Specified conditions --
(i) The electronic record containing the information should have been produced by the computer during the period over which the same was regularly used to
store or process information for the purpose of any activity regularly carried on over that period by the person having lawful control over the use of that computer;
(ii) The information of the kind contained in electronic record or of the kind from which the information is derived was regularly fed into the computer in the ordinary course of the said activity;
(iii) During the material part of the said period, the computer was operating properly and that even if it was not operating properly for some time, the break or breaks had not affected either the record or the accuracy of its contents; and (iv) The information contained in the record should be a reproduction or derivation from the information fed into the computer in the ordinary course of the said activity.;

Evidence Act, 1872; S. 65B (4) – Electronic record -- Conditions to be fulfilled --
(a) There must be a certificate which identifies the electronic record containing the statement;
(b) The certificate must describe the manner in which the electronic record was produced;
(c) The certificate must furnish the particulars of the device involved in the production of that record;
(d) The certificate must deal with the applicable conditions mentioned under Section 65B(2) of the Evidence Act; and
(e) The certificate must be signed by a person occupying a responsible official position in relation to the operation of the relevant device.

Evidence Act, 1872; S. 65B (4) – Electronic record – Certificate -- The person issuing certificate needed only to state in the certificate that the same is to the best of his knowledge and belief -- Such a certificate must accompany the electronic record like computer printout, Compact Disc (CD), Video Compact Disc (VCD), pen drive, etc., pertaining to which a statement is sought to be given in evidence, when the same is produced in evidence.

Evidence Act, 1872; S. 65B (4) – Electronic record -- If an electronic record as such is used as primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence, without compliance of the conditions in Section 65B of the Evidence Act.

Earning mother liability towards maintenance (2000-03-28)

Hindu Marriage Act, 1955; S. 26 – Whether earning mother has any liability towards maintenance of the child -- As much the obligation of the father to maintain a minor child as that of the... Read More

Right to maintenance for a daughter after attaining majority (2016-03-17)

Code of Criminal Procedure, 1973; S. 125 ------ Right to maintenance for a daughter after attaining majority ----- Held: the right of a girl for maintenance from parents after attaining majority till... Read More

Whether Whatsapp forward can be treated as document as per Evidence Act (2017-05-22)

Evidence Act, 1872; ----- Whether Whatsapp forward can be treated as document as per Evidence Act ----- Held: Annexure - A does not even qualify as a document in terms of the Evidence Act, 1872, in... Read More

Divorce on the ground - Wife attempted to commit suicide (2016-10-06)

Hindu Marriage Act, 1955; S. 13 – Divorce on the ground of cruelty against wife – Wife attempted to commit suicide by pouring kerosene without any reason – Observed that no husband... Read More

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Judgements

Guidelines to be followed by the police while registering FIR (2016-09-07)

Compounding of offence punishable under section 138 N. I. Act --- Guidelines given by the Apex Court for settlement of the offence (2010-05-03)

Right of Court to put question (2018-04-13)

Whether a false allegation of impotency is an act of cruelty to create a ground for divorce (2016-08-08)

Non-appearance of the complainant (2016-02-29)

Evidence Act - Electronic record (2014-09-18)

Earning mother liability towards maintenance (2000-03-28)

Right to maintenance for a daughter after attaining majority (2016-03-17)

Whether Whatsapp forward can be treated as document as per Evidence Act (2017-05-22)

Divorce on the ground - Wife attempted to commit suicide (2016-10-06)

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Judgements

Guidelines to be followed by the police while registering FIR (2016-09-07)

Compounding of offence punishable under section 138 N. I. Act --- Guidelines given by the Apex Court for settlement of the offence (2010-05-03)

Right of Court to put question (2018-04-13)

Whether a false allegation of impotency is an act of cruelty to create a ground for divorce (2016-08-08)

Non-appearance of the complainant (2016-02-29)

Evidence Act - Electronic record (2014-09-18)

Earning mother liability towards maintenance (2000-03-28)

Right to maintenance for a daughter after attaining majority (2016-03-17)

Whether Whatsapp forward can be treated as document as per Evidence Act (2017-05-22)

Divorce on the ground - Wife attempted to commit suicide (2016-10-06)

Popular judgement tags

Legal Help | Legal Advice | Legal Forum | Legal Question and Answers

Popular forum tags

All categories

Top TagDivorce

QUESTIONS

ANSWERS

Top CategoryFamily Law

WHAT WE OFFER

Top Tag
Divorce

Top Category
Family Law