Recently, the Supreme Court, in a noteworthy judgment, while acquitting a woman accused of killing her own child and was convicted for murder and sentenced to life imprisonment, also decided the question of what may be required of the convict in her statement under Section 313 Code of Criminal Procedure (Cr.P.C).
Citing extensive thread of precedents, the Top Court penned down the following principles.
It may be noted that, in the instant case, the case of the prosecution was that the convict (appellant) had relations with a co-villager, namely, Baiga Gond, as a result of which she conceived a child. She, upon giving birth, allegedly killed this child and threw the corpse into a dabri (small water bodypond).
In the Section 313 CrPC statement, the accused had admitted that she was pregnant. Since the accused was living alone, the trial court made further inferences from her admission of pregnancy and proceeded to hold her guilty of the murder of the child.
The Supreme Court took a critical view of the approach taken by the trial court, which was affirmed by the High Court.
In the context of Section 313 of the Code of Criminal Procedure, the 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."
The Supreme Court of India has ruled that not all marriages require a public declaration or solemnisation Not every valid marriage requires a public declaration or solemnisation in a particular manner the Supreme Court held on Monday as it underlined...
As legal professionals we recognize the profound implications of the Supreme Court of India's recent deliberations on same-sex marriage While the Court refrained from granting full marriage equality the discussions have paved the way for significant legal discourse on LGBTQ...
The Supreme Court on Tuesday November questioned the effectiveness of the Delhi Government's odd-even scheme in controlling air pollution while terming it as ldquo optics rdquo Under this scheme vehicles with license plate numbers ending in an even digit are...
In a Criminal Appeal arising out of proceedings under Section of the Negotiable Instruments Act the Supreme Court has ruled that once the settlement has been arrived at and the complainant has signed the deed the proceedings under...
Ahead of the Lok Sabha elections the Election Commission of India ECI has staunchly defended electronic voting machines EVM as lsquo non-tamperable rsquo both owing to technological measures and strict administrative and security procedures designed by the commission In a...
The rapid advancement of technology has transformed the lives of adolescents in India providing unprecedented access to information social connectivity and learning tools However this digital revolution has also created a complex challenge mdash safeguarding the privacy of adolescents who...