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Shubhankar v State of Karnataka 2025.

A mere punishment per se would not constitute a remedy for an act of crime. It might change the offender's legal or social status, but would not be sufficient to address the root cause of his actions or remove the psychological and emotional factors that made him commit the crime. The idea therefore, is to reform and rehabilitate the deviant person to bring him back into the fold of society. This reformative part, thus, assumes a greater significance. It is more so, when the offender is not entirely responsible for the causes which led to the crime.

12. Society, through its own systemic failures, inequalities, or neglect often plays a role in shaping criminal behavior, and is also responsible for the creation of such behaviour, whether through poverty, lack of education, discrimination, or broken institutions. In that scenario, the offender becomes a victim, requiring adequate measures for treatment by compassionate correction, structural support, and opportunities for genuine transformation. In an attempt to bring the individual back into the social fold, responsibility has to be shared by every other individual, ultimately rebuilding the bonds of community rather than perpetuating cycles of alienation and punishment.


Reformation and Detterance are coupled for remedy of crime.


#Criminology@CurrentLegalGK
#Sentencing@CurrentLegalGK
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𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
Difficult For Institution To Forgive And Forget Silence Of The Bar: Justice Mahesh Sonak Bids Farewell To Bombay High Court https://www.livelaw.in/high-court/bombay-high-court/difficult-for-institution-to-forgive-and-forget-silence-of-the-bar-justice-mahesh…
As judges, we do not deserve praise for doing what we ought to do... Praising judges for their ethical excellence is fine, we all like to hear that... But correcting a judge, if he strays from the path of rectitude is infinitely better and critically crucial and here lies a great responsibility on a great bar. It is crime to remain silent when it is a duty to speak. In the end the institution will not remember the insults or berating of our enemies but it will be sad and difficult for the institution to forget and forgive the silence of the of the Bar whose members are it's legitimate guards and guardians.

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πŸ”ͺπŸ‘₯ PRINCIPLES OF JOINT AND SEPARATE TRIAL

#BNSS@CurrentLegalGK
MAMMAN KHAN v. STATE OF HARYANA 2025.


TRIAL COURT CANNOT PASS THE JOIN OR SEPARATE TRIAL ORDER SUO MOTU/UNILATERALLY, IT MUST GIVE FAIR OPPORTUNITY TO PARTIES AS WELL.

DO YOU KNOW AT WHICH STAGE JOINT TRIAL OR SEPARATE TRIAL TRIAL CAN BE PASSED❓


ANSWER BELOW πŸ˜πŸ‘‡
POSSIBLE PLEAS CAN BE TAKEN BY ACCUSED DURING PRE COGNIZANCE HEARING.

Section 223 Newly Added Provision
#BNSS@CurrentLegalGK

(i) court lacks jurisdiction.

(ii) Complainant is incompetent. (matrimonial etc. cases locus standi exceptions)

(iii) Barred by limitation.

(iv) Sanction not taken.

(v) the allegations in the complaint, even if accepted as true in its entirety, do not disclose the ingredients of any offence.

(vi) when there are more than one person arrayed as accused.


And other maintainability issues.

the list goes on and on....
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⭐ Cardinal Principles of Criminal Law

1. Legality – Nullum crimen, nulla poena sine lege (no crime, no punishment without law).

2. Presumption of innocence– every accused is presumed innocent until proven guilty.

3. Burden of proof on prosecution – guilt must be proved by the prosecution, not the accused.

4. Proof beyond reasonable doubt– standard of proof in criminal trials.

5. Mens rea (guilty mind)– mental element is ordinarily required for liability.

6. Actus reus (guilty act) – there must be a voluntary prohibited act or omission.

7. Concurrence of actus reus and mens rea – the guilty mind and guilty act must coincide.
8. Proportionality of punishment – punishment should correspond to the gravity of the offence.

9. Non-retroactivity of penal law– no retrospective criminalisation, except where a later law is more beneficial to the accused.

10. Right against self‑incrimination – no one can be compelled to testify against oneself.

11. Protection against double jeopardy– no second trial/punishment for the same offence after final acquittal/conviction.

12. Right to fair trial and legal aid – fair procedure, counsel, and impartial adjudication are integral to criminal justice.

13. Bail is the rule and jail is the exception.

14. Right of Appeal against conviction (Dilip S. Dahanukar Vs. Kotak Mahindra Co. Ltd, 2007)

15. Principles of Natural Justice (a reasoned decision)

16. Prosecution must come up with only 1 story.

Can you mention 1 more principle❓
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