Delhi
U/s - 120-B r/w section 420, 468, 471 and section 471 of
IPC & Sec ... investigation, the
chargesheet was filed u/s 120B r/w section 420 , 468 , 471 IPC
and section
person of unsound mind and therefore procedure
U/s. 329 CrPC had to be followed by Ld. Trial court. He claimed that ... claimed
that Ld. Trial Court should have adopted the procedure as per Sec. 329
Cr.PC, since he was psychiatric and paralytic patient
West Bengal Municipal Corporation Act, 2006
WEST BENGAL
India
West Bengal Municipal Corporation Act, 2006
Kishan Lal And Anr. vs The State Of M.P, on 18 August, 2017
1
altogether be ignored. A bare reading of Sub-section (4) of the Code of Criminal Procedure makes it evident that answer given by the accused ... taken to mean that the plea of accused under Section 329 , Cr.PC and his answer given during examination under Section 313 , Cr.PC could
appellant, who
otherwise failed to discharge the burden, in terms of Section 106 of Indian
3
Evidence Act, 18722, of explaining the circumstances leading ... capacity of the appellant in terms of
Section 329 of the Code of Criminal Procedure, 19733 while ignoring the
material evidence on record
sent to Mental Hospital, Jaipur for treatment under the provisions of Section 329 Cr.P.C. and further, she was sent to Nari Niketan, Jaipur ... circumstances just stated above, the accused appellant is entitled to benefit of Section 84 1PC or not.
24. For convenience, Section 84 IPC is reproduced
trial Court straightway resumed and concluded the trial.
7. Under Section 329 , Cr.P.C., if at the trial of any person, it appears ... resulting lacuna was not innocuous but vital. Under sub- section 92 ) of S. 329 , Criminal P.C., the trial of the fact of unsoundness
CODE OF CRIMINAL PROCEDURE 1973
15. Chapter XXV of the Code of Criminal Procedure 1973 (hereinafter
‘ Cr.P.C .’), though procedural in nature, also becomes ... procedure is
contemplated under Sections 328 to 339 of Cr.P.C. There is not even a need
for an application under Section 329
attempt to solve the
issue appropriately.
CRL.A.No.507 OF 2016
..31..
35. Under Section 329 of Cr.P.C, if at the trial ... court. The learned trial Judge should have applied
the provision under Section 329 of Cr.P.C. when the trial court
recorded statement