📧📮 👨‍⚖️ Procedure for Entertaining Epistolary Jurisdiction through Letters

A Division Bench of Justices Paresh Upadhyay and R. Vijayakumar observed there cannot be any dispute that every judge of the High Court was well within his right by the very constitutional office he holds to form an opinion as to whether any complaint / information received by him from a citizen or others needs to be taken suo motu cognisance in public interest.

However, having formed an opinion that such a complaint / information received by him needs to be considered a suo motu writ petition, no direction can be given by the judge to the Registry to register the complaint as a suo motu writ petition.

🌟 Procedure ---
The only and proper course of action was to direct the Registry to place such a complaint / information before the Chief Justice, may be through the committee appointed by the Chief Justice in this regard for appropriate consideration and order.

Even if a direction is given by the judge to the Registry to register the complaint as a suo motu petition, the Registrar (Judicial) or any officer acting on his behalf is bound to bring it to the notice of the Chief Justice. 


Further, even after permission is granted by the Chief Justice, such a petition needs to be listed for hearing before the appropriate Bench as per Roster or as may be directed by the Chief Justice. 

Even if such a petition is listed before the same judge, on whose directions the matter is registered as a suo motu writ petition, if that judge is not assigned the work by the Roster fixed by the Chief Justice or otherwise directed / permitted by the Chief Justice in that regard, the judge concerned cannot take up the said petition for hearing and / or pass any order on that petition.

In spite of all this, if any order is passed thereon without authorisation from the Chief Justice, such an order, as observed by the Larger Bench of this Court, would be void, and in any case, such an order cannot be treated to be an order passed by the competent court, the judges observed.

🌟 Case- https://indiankanoon.org/doc/179627686/?type=print

#Question
Will the procedure be different if the suo motu action is otherwise than on letters.

#Discernible_Topics

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'Trial In Absentia' Under Bharatiya Nagarik Suraksha Sanhita
https://www.livelaw.in/top-stories/trial-in-absentia-under-bharatiya-nagarik-suraksha-sanhita-247278

🌟 RJS Mock Test 3 Will be shared tomorrow

🌟Trial in Absentia
Summary with legal Implications and earlier judgments soon.

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💯 REMEDIES, RELIEFS, SENTENCING AND PUNISHMENTS

Parole, furlough, forms of punishments, probation, victims schemes, suspension of fine, imprisonment, remission, sentence hearing and other such topics.

🌟 Use this Material in your CrPC and IPC paper

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♂️♀️ 🌈 Word [Sex or Gender] in Article 15

https://www.thehindu.com/news/national/explained-how-has-the-supreme-court-interpreted-sex-and-gender-identity-in-the-past/article66763291.ece

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🙅 NALSA v. UOI, 2014
“Discrimination on the ground of sex under Articles 15 and 16, therefore, includes discrimination on the ground of gender identity. The expression “sex” used in Articles 15 and 16 is not just limited to biological sex of male or female, but intended to include people who consider themselves to be neither male nor female.”


🤫 Justice K.S. Puttaswamy v. Union of India, 2017 confirmed that the right to privacy was a fundamental right under Article 21 of the Constitution, and further held that it extended to an individual’s sexual orientation.

💯 The Court said that sexual orientation is an essential attribute of privacy and that discrimination based on it is deeply offensive to the dignity and self-worth of an individual. The judges further held that the right to privacy and “the protection of sexual orientation lies at the core of the
fundamental rights guaranteed by Arts 14, 15 and 21”.

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⏳👨‍⚖️ Time Period in BNSS

Most Crucial & Most funds demand Segment of Amendment. (Timely completion is good for speedy justice but for that infrastructure and vacancies to be installed and filled otherwise it would merely paper promise)

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🤝 One Member Asked this So I have Re-Shared it.

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BIHAR ADJ 2024 PRELIMS

🤭 Level of ADJ Exam

📌 Solve and Share your scores

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😎 *Select the 1st Option Only if you are an Undergraduate Degree Holder*

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👨‍⚖️ H.N. Rishbud and Inder Singh v. State of Delhi, 1954

🌟 INVESTIGATION CONSISTS OF–

“1) Proceeding to the concerned SPOT,
2) Ascertainment of FACTS and circumstances,
3) Discovery and ARREST,
4) Collection of evidence which includes EXAMINATION of various persons, SEARCH of places and seizure of things.
5) Formation of an OPINION on whether an offence is made out, and filing the CHARGESHEET accordingly.”


🔥👨‍⚖️ SHARIF AHMED v. UTTAR PRADESH, 2024

🌟 RELEVANCY OF CHARGESHEET
The details of the offence and investigation are not supposed to be a comprehensive thesis of the prosecution case, but at the same time, must reflect a thorough investigation into the alleged offence. It is on the basis of this record that the court can take effective cognisance of the offence and proceed to issue the process in terms of Section 190(1)(b) and Section 204 of the Code. In case of doubt or no offence is made out, it is open to the Magistrate to exercise other options.


🌟 DUTY OF I.O. AND CHARGESHEET CONTENTS

Investigating officer must make clear and complete entries of all columns in the chargesheet so that the court can–
1. Clearly understand which crime has been committed
2. By which accused and
3. What is the material evidence available on the file
4. Statements of 161 & related documents have to be enclosed
5. With the list of witnesses.
6. Role played by the accused in the crime should be separately and clearly mentioned in the chargesheet, for each of the accused persons.”,

🌟NON- BAILABLE WARRANT

“While there are no comprehensive set of guidelines for the issuance of nonbailable warrants, this Court has observed on several occasions that nonbailable warrants should not be issued, unless the accused is
1. Charged with a heinous crime,
and is likely to
2. Evade the process of law or
3. Tamper/destroy evidence.

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👨‍⚖️🧠 All About Cognizance

🌟 Meaning of Cognizance - (To be aware or To take judicial notice)

'Taking cognizance' which merely means judicial application of the mind of the Magistrate to the facts mentioned in the complaint with a view to take further action.

🌟 When is it not a Cognizance?

👍 R.R. Chari v. Uttar Pradesh 1951
When the Magistrate applies his mind not for the purpose of proceeding under the subsequent sections of this Chapter, but for taking action of some other kind, e.g. ordering investigation under S.156(3), or issuing a search warrant for the purpose of the investigation.

🌟 Can a Magistrate order investigation after taking cognizance?

Yes, 202 CrPC, Magistrate can direct an investigation to be made either by a police officer or by any other person. But it is only for a-
limited purpose: Only for helping the Magistrate to decide whether or not there is sufficient ground to proceed further.

Note: Case can be said to be instituted in a Court only when the Court takes cognizance.
(Chapter Caption)


🌟 Is the magistrate bound to take cognizance when he receives a Complaint?

No, Not bound to take cognizance if the facts alleged in the complaint, disclose the commission of an offence.
Discretion- "May take Cognizance"

👍 D. Lakshminarayana Reddy vs. V. Narayana Reddy 1976

Allegations disclose cognizable offence and the forwarding of the complaint to the police for investigation under s. 156(3) will be conducive to justice and save the valuable time of the Magistrate in enquiring into a matter which was primarily the duty of the police to investigate, he will be justified in adopting that course as an alternative


🌟 What is the difference between an investigation under S. 156(3) and S.202 of CrPC?

📝 GIST- Chapter 14 containing s. 190 deals with post-cognizance stage, Chapter 12, so far as Magistrate is concerned, deals with pre- cognizance stage that is to say, once a Magistrate starts acting u/s. 190 and the provisions following, he cannot resort to s. 156(3).

👍 D. Lakshminarayana Reddy vs. V. Narayana Reddy 1976 👇

1. Difference on Stages—
In case of a complaint regarding the commission of a cognizable offence, the power under 156(3) can be invoked by the Magistrate before he takes cognizance of the offence under 190(1)(a). But if he once takes such cognizance and embarks upon the procedure embodied in Chapter XV, he is not competent to switch back to the pre-cognizance stage and avail of 156(3).

2. Difference on Purpose—
156(3) Preemptory Reminder or Intimation- which embraces the entire continuous process which begins with the collection of evidence and ends with a report or charge sheet under 173. On the other hand 202 comes in at a stage when some evidence has been collected by the Magistrate in proceedings under Chapter XV, but the same is deemed insufficient to take a decision as to the next step in the prescribed procedure.

💯 MCQ on Cognizance-
https://t.me/CurrentLegalGK/2645

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Hi, this group's admin is copying your content. Just thought you should know

🤝 Thankx for Informing

☝️Hope this channel loves Quality content 😝

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🔗⛓️👐 Section 43(3) BNSS Handcuffing

🌟 Corresponding section- 46 CrPC

🌟 Prem Shankar Shukla vs Delhi Administration, 1980 and Sunil batra, 1978 Guidelines—

Handcuffing is, prima facie, inhuman, unreasonable & Arbitrary.

Prem Shankar Declared the use of handcuffs unconstitutional under article 21. However, the court has carved out certain exceptions to the general practice of use of handcuffs

🌟 Aeltemesh Rein v. Union of India, (1988)
SC directed UOI to make Guidelines and rules for Handcuffing use.

🌟 Citizens For Democracy vs State Of Assam, 1995
The Supreme Court relied on its decisions in Sunil Batra and Prem Shankar Shukla cases laid down guidelines for use of handcuff and directed all ranks of police and prison authorities to meticulously obey the guidelines.

📑 Guidelines are as follows—

⚡1. General rule
Handcuffs or other fetters shall not be forced on a prisoner - convicted or under-trial-while lodged in a jail anywhere in the country or while transporting or in transit from one jail to another or from jail to court and back. The police and the jail authorities, ON THEIR OWN, shall have no authority to direct the hand- cuffing of any inmate of a jail in the country or during transport from one jail to another or from jail to court and back.

2. Exceptions-
Where the police or the jail authorities have a well-grounded basis for drawing a strong inference that a particular prisoner is likely to jump jail or break out of the custody:-
🫱then he be produced before the Magistrate concerned and
🫱Prayer for permission to handcuff the prisoner be made before the said Magistrate.

Magistrate discretion—
Save in rare cases of concrete proof regarding proneness of the prisoner to violence,'his tendency to escape, he being so dangerous/desperate and the finding that no other practical way of forbidding escape is available, the ✅Magistrate may grant permission to handcuff the prisoner.

3. Special orders required in remand order for judicial/police custody (167), execution of a warrant of arrest.

4. When police can handcuff without order of magistrate
If Person is arrested by the police without warrant the police officer concerned may if he is satisfied, on the basis of the guidelines given above (dangerous/desperate, tendency to escape etc..) that it is necessary to handcuff such a person, he may do so till the time he is taken to the police station and thereafter his production before the Magistrate. Further use of fetters thereafter can only be under the orders of the Magistrate as already indicated above.

5. All Ranks of Police officers have to follow the above guidelines and non compliance will be dealt as contempt of court.


🌟 Table is attached for List of Offences in which Handcuffing is allowed.

Is 43(3) BNSS correct as per guidelines?

🌟 Compensation Awarded
Sabah Al Zarid v. State of Assam, 2023 awarded Rs. 5,00,000/- compensation to the petitioner which was payable by the respondent and held the handcuffing of the petitioner by the respondent contrary to the law laid down by Supreme Court.

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Article 361: Immunity shield until Governor in office 🔗
#express_explained

💉👨‍💼 Immunity to President and Governor

🌟 Provisions: Article 361, S. 133 CPC,

🌟 Case- Rameshwar Prasad v Union of India, 2006 that outlined the immunity enjoyed by the Governor “even on allegation of personal malafides,” the Supreme Court held that “the position in law, is that the Governor enjoys complete immunity.”

🌟 What about civil immunity?

No Civil case can be instituted during his term of office whether an act is done before or after entering his office as President/ Governor until the expiration of two months next after NOTICE in writing has been delivered to the President/Governor or left at his office–
✓ Stating the nature of the
proceedings.
✓ Cause of action,
✓ Name,
✓ Description and Place of residence of the party by whom such proceedings are to be instituted and the
✓ Relief which he claims.


🌟 Exceptions—
1. Article 61:-
✓ Conduct of the President (only) be brought under review
by any court, tribunal or body
✓ Appointed or designated
by either House of Parliament
✓ For investigation of a charge under article 61

2. Case against State:-
Right of any person to bring appropriate proceedings against GOI or GOS.

3. After he ceases from the office.

#Question
Mention the provisions of laws dealing with immunity for Judges

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