๐•ƒ๐”ผ๐”พ๐”ธ๐•ƒ โ„‚๐•Œโ„โ„๐”ผโ„•๐•‹ ๐”ธ๐”ฝ๐”ฝ๐”ธ๐•€โ„๐•Š ๐”น๐•ช- โ„•๐•’๐•ฅ๐•ฆ๐•ฃ๐•’๐• ๐•๐•ฆ๐•ค๐•ฅ๐•š๐•”๐•– โ„ข
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๐ŸŒŸFrank Vitus v. Narcotics Control Bureau, 2024

Condition of sharing Google pin location as a bail condition is hit by the right to privacy guaranteed under Article 21 of the Indian Constitution. 

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๐ŸŒŸ Rajendra v. Maharashtra, 2024

โœ๏ธ Landmark- Khushal Rao vs. State of Bombay 1958


๐Ÿ’ฏ It cannot be laid down as an absolute rule of law that a dying declaration cannot form the sole basis of conviction unless it is corroborated;

๐Ÿ’ฏ Each case must be determined on its own facts, keeping in view the circumstances in which the dying declaration was made;

๐Ÿ’ฏ It cannot be laid down as a general proposition that a dying declaration is a weaker kind of evidence than other pieces of evidence;

๐Ÿ’ฏ A dying declaration stands on the same footing as another piece of evidence. It has to be judged in the light of surrounding circumstances and with reference to the principles governing weighing of evidence.

๐Ÿ’ฏ A dying declaration which has been recorded by a competent Magistrate in the proper manner stands on a much higher footing than a dying declaration which depends upon oral testimony which may suffer from all the infirmities of human memory and human character.

๐Ÿ’ฏ In order to TEST the RELIABILITY of a dying declaration, the court has to keep in view various circumstances including the condition of the person concerned to make such a statement; that it has been made at the earliest opportunity and was not the result of tutoring by interested parties

Court must be satisfied that it was rendered voluntarily, it is consistent and credible and that it is devoid of any tutoring.


โ“ #Question
Mention 2 Landmark Judgments that dealt with the aforementioned principles

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๐ŸŒŸ Section 313 | 12 Principles Explained | CrPC

In the context of Section 313 of the Code of Criminal Procedure, the apex Court said :
"Although there is a requirement by law to disclose the aspects required to adjudicate in a criminal matter such duty cannot unreasonably and unwarrantedly step over the fundamental right of privacy."



๐Ÿ”ฅ INDRAKUNWAR V. THE STATE OF CHHATTISGARH, 2023

๐Ÿ“š Landmark Casesโ€”
1.State of U.P. v. Lakhmi - Value of a statement under Section 313 Cr.P.C.

2.Sanatan Naskar v. State of West Bengal - Object of Section 313 Cr.P.C.

3. Reena Hazarika v. State of Assam - Rationale behind requirement to comply with Section 313 Cr.P.C.

4. Parminder Kaur v. State of Punjab; M. Abbas v. State of Kerala - Importance of Section
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๐•ƒ๐”ผ๐”พ๐”ธ๐•ƒ โ„‚๐•Œโ„โ„๐”ผโ„•๐•‹ ๐”ธ๐”ฝ๐”ฝ๐”ธ๐•€โ„๐•Š ๐”น๐•ช- โ„•๐•’๐•ฅ๐•ฆ๐•ฃ๐•’๐• ๐•๐•ฆ๐•ค๐•ฅ๐•š๐•”๐•– โ„ข
Indian Judiciary's Bitter Practices Beyond RTI Act, 2005 https://www.livelaw.in/articles/indian-judiciarys-bitter-practices-beyond-rti-act-259476
๐Ÿ”ฅโœ๏ธ Landmark Cases on RTI -

[1] State of U.P. v. Raj Narain, (1975)

[2] CBSE v. Aditya Bandopadhyay, (2011)

[3] Assn. for Democratic Reforms v. Union of India, 2024

[4] Chief Information Commr. v. State of Manipur, (2011)

[5] S.P. Gupta v. Union of India, AIR 1982

[6] Ministry of Information & Broadcasting, Govt. of India v. Cricket Assn. of Bengal, (1995)

[7] People's Union for Civil Liberties v. Union of India, (2004)

[8] Union of India v. Sankalchand Himatlal Sheth, (1977)

[9] Dinesh Trivedi v. Union of India (1997)

[10] The CPIO, Supreme Court of India v. Subhash Chandra Agarwal and Another, (2009)

[11] CPIO, Supreme Court of India v. Subhash Chandra Aggarwal 2009

[12] Registrar General of High Court of Madras v. K. Elango 2013


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