The Court also held that in a particular case, if the investigation is pending on July 1, 2024, the investigation will continue as per the CrPC; however, the cognizance of the police report will be taken as per the procedure laid down under the (BNSS).

The Court also clarified that in such a case, all subsequent proceedings, including enquiry, trial, or appeal, would be conducted as per the BNSS procedure.

@CurrentLegalGK

Justice BR Gavai Inaugurates Country's First Digital Court For NI Act Cases In Kerala, Says Technology Makes Justice Easily Accessible
https://www.livelaw.in/top-stories/justice-br-gavai-inaugurates-countrys-first-digital-court-for-ni-act-cases-in-kerala-says-technology-makes-justice-easily-accessible-266944

🔮 #Question

Explain the Doctrine of Selective prosecution and its applicability in India.

@CurrentLegalGK

🤩 IPC Jan to June 2024 half yearly digest

@CurrentLegalGK

👫 😇 Happy Rakshabandhan Everyone

Remember the Pledge of school time and the word Fraternity in Preamble always.

The relation which can outstand many and a boost to gender equality

@CurrentLegalGK

🧠 #Question

Explain the office of Acting Prime Minister in India.
(200 words/6 marks)

@CurrentLegalGK

Uttarakhand: Bill providing 10 per cent quota in govt jobs to statehood agitators gets guv’s nod – ThePrint –
https://theprint.in/india/uttarakhand-bill-providing-10-per-cent-quota-in-govt-jobs-to-statehood-agitators-gets-guvs-nod-2/2228581/

Jammu and Kashmir Assembly polls: NC’s manifesto seeks India-Pakistan dialogue, restoration of J&K’s special status - https://www.thehindu.com/elections/jammu-and-kashmir-assembly-polls-restoration-of-statehood-article-370-among-12-guarantees-in-nc-manifesto/article68543022.ece,

‘We will continue to fight politically for Article 370. The manifesto is an assurance that we will not stay silent on these issues. The Supreme Court has in the past upheld Article 370 three times. The BJP did not accept defeat despite three orders by the SC in favour of Article 370, why should we?’

Is this argument Valid and how would you counter this legally?

@CurrentLegalGK

What happened in last 10 suo motu cases before Supreme Court

From the COVID-19 migrant worker crisis to the Manipur riots, the top court has not shied away from having its say on pressing issues affecting the legal fraternity as well as the country at large.

https://www.barandbench.com/news/litigation/10-suo-motu-cases-supreme-court

'What Is The Main Purpose Of Section 27 Of The Evidence Act? '
https://www.livelaw.in/articles/confessions-admissibility-and-section-27-indian-evidence-act-267072

🔪🔎 Purpose of Section 27 IEA/ proviso to section 23 BSA

🔮 Myth busted- To lift ban on 25/26 IEA

The essential purpose of Section 27 of the Evidence Act is not to render admissible a “confession” in the “disclosure statement” made by an accused to a Police Officer.

👨‍⚖️ Case- Pulukuri Kottaya v. Emperor AIR 1947

If in a “disclosure statement” there is a “confession" such a “confession” is inadmissible

💯 Result- If the inculpatory part of the “disclosure statement” is so excluded, then what remains is a mere statement to P.O.

👉 Consequence of Statement-
Will not hit the Ban Under section 162(1) Cr.P.C because of 162(2).

🤔 What is “whether it amounts to a confession or not”

If confession is excluded then why this language ☝️

✅ Answer- Pulukuri Kottaya v. Emperor AIR 1947

1. Disclosure statement does not constitute gist of offence only a corroborative piece of evidence other need to be proved.

2. BUT if possession” or “concealment” of the incriminating object itself constitutes the gist of the offence disclosure statement” would be admissible notwithstanding the fact that statement amounts to a “confession”

📒 Laws in which when Section 27 Statement amounts to Confession

1. Opium Act, 1978,
2. Drugs and Cosmetics Act, 1940,
3. Explosives Act, 1884,
4. Explosive Substances Act, 1908,
5. Public Gambling Act, 1867,
6. Gold Control Act, 1968, 7. Narcotic Drugs Act and Psychotropic Substances Act, 1985.

🎬 Illustration—

Larance says; I have killed Soloman with a Gun and the Gun is placed in the farm house.

1. Confession- Bold Highlighted part
2. Statement of S. 27- Underline.
3. Statement Amounts to confession for S. 25 Arms Act, 1959

👩‍⚖️Conclusion- Majority of Cases statement does not Amounts to confession but only when concealement and possesion of object itself consitutues offence then amounts to confession.

#BSA@CurrentLegalGK

Only Gender Centric/ Gender Neutral Offences Excluded From Plea Bargaining: Madras High Court Lays Down Suggestions For Trial Courts
https://www.livelaw.in/high-court/madras-high-court/madras-high-court-plea-bargaining-suggestions-gender-centric-267128

💯🎁 Important and little bit tricky.

@CurrentLegalGK

👮🚔🚨 Central Bureau of Investigation
https://cbi.gov.in/about-us?search=what-we-do

Read in brief history and its jurisdiction of works.

Explore Extradition and Mutual Legal Assistance in Criminal matters Agreements (MLATs), INTERPOL, Wanted and FIR with some famous cases dealt.

CBI takes up/gets lot of cases so it is important to know about its functioning and also about how many personells are working.

#International_law #Investigating_agency
@CurrentLegalGK

⛔👩‍⚖️ Sentencing without Remission

Which Court❓
Only Constitutional courts can Order this that is High court and supreme court

💯 Cases-
Swami Shradhananda v. State of Karnataka, 2008

L.I. is less due to 14 year remission (misuse) and death was more there was a Gap (casus ommissus) so by Judicial creativity L.I. w/o remission was granted to fill the vaccum.

🧠 Reasons for innovation-
1. Proportionality of sentence qua crime committed.
2. Unruly exercise of remission power.

💯 Case UOI v. Sriharan
Article 72 or Article 161 of the Constitution will always be available
being Constitutional Remedies untouchable by the Court.

💀 #Question
Can Governor Pardon Death Penalty?

@CurrentLegalGK