3 Review(s)

ISSUED BY THE HIGH COURT OF JUDICATURE AT BOMBAY FOR THE GUIDANCE OF THE CRIMINAL COURTS AND OFFICERS SUBORDINATE TO ITIncludingIncorporating corresponding provisions of New Criminal Laws as Editors Note i.e. theprovisions of The Bharatiya Nyaya Sanhita, 2023, The Bharatiya Nagarik Suraksha Sanhita, 2023 and the The Bharatiya Sakshya Adhiniyam, 2023.'Digital Arrest Scams': No Provision For Law Enforcement To Conduct Arrests Via VideoCalls: HC: Suo Motu CognizanceNotice: U/s. 41A of CrPC: Not Mandatory: Where Arrest justifiedArrest Memo: Grounds of Arrest: Not same: SCGrant of Bail: Discretionary Power: Must Be Exercised Judiciously, Not Routinely: SC Power of High Court or Sessions Court to Stay Bail Order Pending CancellationApplication: Scope: SCRegistration of FIR: Whether under CrPC or BNSSInvestigation: Date of registration of FIR: Registered on or after 1.7.2024: Under BNSS Appeal/application/revision filed on or after 1.7.2024 shall be governed by BNSS andnot by CrPCAppeal against conviction: Alteration of charge: Powers of Appellate CourtDeath sentence: Confirmation: Duty of High Court in confirmation casesSection 41A CrPC: Not Applicable To Arrest Made Under PMLA: SCArticle 20 (3) and Test Identification Parade: The Question of Rights and Obligations:Inherent Power of Court: Second Petition: On grounds available at the time of firstPetition: Not Maintainable: SCPrinciples: Statements made u/s. 313 of CrPCCriminal Investigation: Role of the State and Effect of Delay Principles: Cases involving multiple dying declarationsAdmissibility of FSL. Report: Handwriting Expert's OpinionCircumstantial Evidence: Failure to render plausible explanation