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Showing posts with the label Criminal Law

Case Summary: State of Haryana v. Dinesh Kumar | Criminal Law | Cr.P.C.

 Case Citation : (2008) 3 SCC 222 Bench: Altamas Kabir. J Facts of the case: 1. The respondent in the first of these two appeals and the appellants in the other appeal applied for appointment as Constable-Drivers under the Haryana Police and submitted their respective application forms, which contained two columns, namely, 13(A) and 14, which read as follows:-      13(A): Have you ever been arrested?      14: Have you ever been convicted by the Court of any offence? Respondent answered the both questions as negative. 2. Subsequently, during verification of the character and antecedents of the said respondent, it was reported that he had been arrested in connection with a case arising out of FIR. However, he was aquitted in that matter by judicial magistrate. 3. Appellant, however, alleged that the respondent had concealed these facts from the Selection Committee and had not correctly furnished the information in columns 13(A) and 14 of the applica...

Requirements to be followed in all arrest cases of arrest or detention | Landmark Judgement: Shri Dilip K. Basu vs State Of West Bengal & Ors on 24 July, 2015

Hon'ble Supreme court in the case of Shri Dilip K. Basu vs State Of West Bengal & Ors  laid down the following  requirements to be followed in all cases of arrest or detention till legal provisions are made in that behalf as preventive measures: (1) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name togs with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register. (2) That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest a such memo shall be attested by atleast one witness who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest. (3) A person who has been arres...