Criminal Law - Important Decisions of 2024 - Part 2
Part 1 of Important Decisions of 2024 on criminal law has been shared recently. [Link for part 1 is this - https://vishallegalghy.blogspot.com/2024/05/criminal-law-important-decisions-of.html ]
Here is the 2nd Part of Important Decisions of the year 2024 on criminal law.
Section 27 of the Indian Evidence Act, 1872 does not lay down the principle that discovery of a fact is to be equated to the object produced or found. - Perumal Raja @ Perumal v. State [2024] GCtR 21 (SC)
A victim of a crime cannot be treated merely as a prosecution witness. Section 357(1) of Code of Criminal Procedure, 1973 empowers the court to order that the fine amount recovered be given to any person as compensation who has suffered any loss or injury caused due to that offence. - Neeraj Sharma v. State of Chhattisgarh [2024] GCtR 28 (SC)
It was reiterated that The Court while exercising its jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation. - Nara Chandrababu Naidu v. State of Andhra Pradesh [2024] GCtR 188 (SC)
Mere breach of contract does not amount to an offence under Section 420 or Section 406 of the Indian Penal Code, 1860, unless fraudulent or dishonest intention is shown right at the beginning of the transaction. - Jay Shri v. State of Rajasthan [2024] GCtR 223 (SC)
The term ‘property’ employed in Section 420 of Indian Penal Code, 1860 has a well defined connotation. Every species of valuable right or interest that is subject to ownership and has an exchangeable value – is ordinarily understood as ‘property’. - Mariam Fasihuddin v. State of Adugodi PS [2024] GCtR 232 (SC)
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