criminal trial

Findings of a Civil Court binding on Criminal Court? SC clears the air

Summary: A persistent misconception in legal discourse is that findings or determinations of a civil court are binding on a criminal court, despite no such rule being codified in the Indian Evidence Act, 1872, or its successor statute, the Bharatiya Sakshya Adhiniyam, 2023. This belief often leads to the argument that a civil judgment should conclusively govern subsequent criminal proceedings. However, this position does not reflect the true legal framework. The Hon’ble Supreme Court’s decision in Prem Raj v. Poonamma Menon & Anr., tracing the evolution of law on this point, provides much-needed clarity, reaffirming the distinct nature, standards of proof, and purposes of civil and criminal proceedings, and explaining the limited evidentiary value, rather than absolute binding effect, of civil court findings in criminal trials.

Continue Reading Findings of a Civil Court binding on Criminal Court? SC clears the air
Criminal Liability of Non-Executive Directors: A New Ray of Hope

Summary: This blog compares Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), with Section 200 of the erstwhile Criminal Procedure Code, 1973 (“CrPC”). The analysis highlights how the new provision introduces an additional safeguard against prosecution for non-executive directors.

Continue Reading Criminal Liability of Non-Executive Directors: A New Ray of Hope
When Further Investigation Under Section 173(8) CRPC is Impermissible

OVERVIEW

A criminal trial is nearing its conclusion. The evidence has been led, and witnesses examined and cross examined. Only the final arguments remain. Yet, for “the pursuit of truth”, would a “further investigation” be permissible at such a belated stage? In several judgments, the Hon’ble Supreme Court has answered this question in the affirmative, subject to there being compelling facts justifying such an extraordinary measure.

Continue Reading When Further Investigation Under Section 173(8) CRPC is Impermissible
Summoning additional accused in criminal trial: When, why and how

OVERVIEW

Can a person who is neither named in the first information report (“FIR”) nor mentioned in the chargesheet, be summoned by a trial court later to face trial as an accused in respect of the very same FIR and chargesheet? If so, what would be the threshold and under what circumstances can such power be exercised?

Continue Reading Summoning additional accused in criminal trial: When, why and how