Criminal Law : Important Legal Principles

Criminal Law : Important Legal Principles

In Arnesh Kumar v. State of Bihar, [2014] GCtR 631 (SC), Court has cautioned against routine arrests and held that arrest must be an exception and not the rule, particularly where custodial recovery is not required. 

Further, in State of Haryana v. Bhajan Lal, [1990] GCtR 4534 (SC), it has been observed that criminal proceedings should not be permitted to be used as instruments of harassment in civil disputes.

In Gian Chand Vs. State of Haryana [2013] GCtR 6446 (SC), it was explained in following words:- “Mere nonjoining of an independent witness where the evidence of the prosecution witnesses may be found to be cogent, convincing, creditworthy and reliable, cannot cast doubt on the version forwarded by the prosecution if there seems to be no reason on record to falsely implicate the appellants."

In case of A.V. Murthy vs. B.S. Nagabasavanna [2002] GCtR 6447 (SC) it was held that the promise to pay time barred debt becomes a valid contract. It was held that under Section 118 of the Negotiable Instruments Act, 1881 there is a presumption that until the contrary is proved, every negotiable instrument was drawn for consideration.

It was held in Jagdish Gond v. State of Chhattisgarh [2025] GCtR 1554 (SC) that "it is trite that unless it is demonstrated that there is some manifest illegality or perversity in the conclusions recorded by the Trial Court while arriving at the finding of guilt of the accused, an acquittal ordinarily should not be reversed."