Important Judgments On Section 125 CRPC

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Important Judgments on Section 125 CrPC


Muneeb Rashid Malik
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23 Jan 2023 7:47 PM

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“This provision is a measure of social justice and specially enacted to protect


women and children and falls within the constitutional sweep of Article 15(3)
reinforced by Article 39. We have no doubt that sections of statutes calling for
construction by courts are not petrified print but vibrant words with social
functions to fulfil. The brooding presence of the constitutional empathy for the
weaker sections like women and children must inform interpretation if it has to
have social relevance. So viewed, it is possible to be selective in picking out that
interpretation out of two alternatives which advance the cause — the cause of the
derelicts.” - V.R. Krishna Iyer, J.

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2/26/24, 2:10 PM Important Judgments on Section 125 CrPC

Also Read - Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram
Kumar [Part-7] (/top-stories/section-197-crpc-defective-prosecution-sanction-explainer-
249731?utm_source=internal-artice&utm_medium=also-read)

The Supreme Court and the High Courts of the country have time and again held
that the primary object of Section 125 of the Code of Criminal Procedure, (CrPC)
1973 (Order for maintenance of wives, children and parents) is to give social
justice to the woman, child and infirm parents and to prevent destitution and
vagrancy by compelling those who can support those who are unable to support
themselves but have a moral claim for support. In this write-up, the important
pronouncements on Section 125 CrPC are briefly discussed.

Also Read - Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram
Kumar [Part-6] (/top-stories/section-197-crpc-prosecution-sanction-order-public-document-
evidence-act-249579?utm_source=internal-artice&utm_medium=also-read)

Bhagwan Dutt v. Kamla Devi, (1975) 2 SCC 386.

https://indiankanoon.org/doc/138019/ (https://indiankanoon.org/doc/138019/)

The Supreme Court held that the object of these provisions being to prevent
vagrancy and destitution, the Magistrate has to find out as to what is required by
the wife to maintain a standard of living which is neither luxurious nor penurious
but is modestly consistent with the status of the family. The needs and
requirements of the wife for such moderate living can be fairly determined, only if
her separate income, also, is taken into account together with the earnings of the
husband and his commitments.

Also Read - Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram
Kumar [Part-5] (/top-stories/section-197-crpc-explainer-grant-of-prosecution-sanction-
249123?utm_source=internal-artice&utm_medium=also-read)

Chaturbhuj v. Sita Bai, (2008) 2 SCC 316.

https://indiankanoon.org/doc/1720873/ (https://indiankanoon.org/doc/1720873/)

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The Supreme Court held that the object of maintenance proceedings is not to
punish a person for his past neglect, but to prevent vagrancy and destitution of a
deserted wife by providing her food, clothing and shelter by a speedy remedy.
Section 125 CrPC is a measure of social justice especially enacted to protect
women and children, and falls within the constitutional sweep of Article 15(3),
reinforced by Article 39 of the Constitution. Under the law the burden is placed in
the first place upon the wife to show that the means of her husband are sufficient.

Also Read - Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram
Kumar [Part-4] (/top-stories/power-to-grant-prosection-sanction-section-197-crpc-explainer-
249122?utm_source=internal-artice&utm_medium=also-read)

Bhuwan Mohan Singh v. Meena, (2015) 6 SCC 353.

https://www.livelaw.in/delay-adjudication-family-courts-human-rights-basic-
embodiment-dignity-individual-sc/ (https://www.livelaw.in/delay-adjudication-
family-courts-human-rights-basic-embodiment-dignity-individual-sc/)

The Supreme Court held that Section 125 of the Code of Criminal Procedure was
conceived to ameliorate the agony, anguish, financial suffering of a woman who
left her matrimonial home for the reasons provided in the provision so that some
suitable arrangements can be made by the court and she can sustain herself and
also her children if they are with her. The concept of sustenance does not
necessarily mean to lead the life of an animal, feel like an unperson to be thrown
away from grace and roam for her basic maintenance somewhere else. She is
entitled in law to lead a life in the similar manner as she would have lived in the
house of her husband. That is where the status and strata come into play, and that
is where the obligations of the husband, in case of a wife, become a prominent
one. In a proceeding of this nature, the husband cannot take subterfuges to
deprive her of the benefit of living with dignity. Regard being had to the solemn
pledge at the time of marriage and also in consonance with the statutory law that
governs the field, it is the obligation of the husband to see that the wife does not
become a destitute, a beggar. A situation is not to be maladroitly created
whereunder she is compelled to resign to her fate and think of life “dust unto dust”.
It is totally impermissible. In fact, it is the sacrosanct duty to render the financial
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support even if the husband is required to earn money with physical labour, if he is
able-bodied. There is no escape route unless there is an order from the court that
the wife is not entitled to get maintenance from the husband on any legally
permissible grounds.

Rajnesh v. Neha, (2021) 2 SCC 324.

https://www.livelaw.in/top-stories/supreme-court-issues-guidelines-on-
payment-of-maintenance-in-matrimonial-matters-165449
(https://www.livelaw.in/top-stories/supreme-court-issues-guidelines-on-payment-
of-maintenance-in-matrimonial-matters-165449)

The Supreme Court, keeping in mind, the need for a uniform format of Affidavit of
Disclosure of Assets and Liabilities to be filed in maintenance proceedings,
considered it necessary to frame the following guidelines:

(a) The Affidavit of Disclosure of Assets and Liabilities annexed at Enclosures I, II


and III of the judgment in Rajnesh v. Neha, as may be applicable, shall be filed by
the parties in all maintenance proceedings, including pending proceedings before
the concerned Family Court / District Court / Magistrate’s Court, as the case may
be, throughout the country;

(b) The applicant making the claim for maintenance will be required to file a
concise application accompanied with the Affidavit of Disclosure of Assets;

(c) The respondent must submit the reply alongwith the Affidavit of Disclosure
within a maximum period of four weeks. The Courts may not grant more than two
opportunities for submission of the Affidavit of Disclosure of Assets and Liabilities
to the respondent. If the respondent delays in filing the reply with the Affidavit, and
seeks more than two adjournments for this purpose, the Court may consider
exercising the power to strike off the defence of the respondent, if the conduct is
found to be wilful and contumacious in delaying the proceedings. On the failure to

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file the Affidavit within the prescribed time, the Family Court may proceed to
decide the application for maintenance on basis of the Affidavit filed by the
applicant and the pleadings on record;

(d) The above format may be modified by the concerned Court, if the exigencies of
a case require the same. It would be left to the judicial discretion of the concerned
Court, to issue necessary directions in this regard;

(e) If apart from the information contained in the Affidavits of Disclosure, any
further information is required, the concerned Court may pass appropriate orders
in respect thereof;

(f) If there is any dispute with respect to the declaration made in the Affidavit of
Disclosure, the aggrieved party may seek permission of the Court to serve
interrogatories, and seek production of relevant documents from the opposite
party under Order XI of the CPC; On filing of the Affidavit, the Court may invoke the
provisions of Order X of the C.P.C or Section 165 of the Evidence Act 1872, if it
considers it necessary to do so; The income of one party is often not within the
knowledge of the other spouse. The Court may invoke Section 106 of the Evidence
Act, 1872, if necessary, since the income, assets and liabilities of the spouse are
within the personal knowledge of the party concerned;

(g) If during the course of proceedings, there is a change in the financial status of
any party, or there is a change of any relevant circumstances, or if some new
information comes to light, the party may submit an amended / supplementary
affidavit, which would be considered by the court at the time of final determination;

(h) The pleadings made in the applications for maintenance and replies filed
should be responsible pleadings; if false statements and misrepresentations are
made, the Court may consider initiation of proceeding u/S. 340 Cr.P.C., and for
contempt of Court;

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(i) In case the parties belong to the Economically Weaker Sections (“EWS”) or are
living Below the Poverty Line (“BPL”), or are casual labourers, the requirement of
filing the Affidavit would be dispensed with;

(j) The concerned Family Court / District Court / Magistrate’s Court must make an
endeavour to decide the I.A. for Interim Maintenance by a reasoned order, within a
period of four to six months at the latest, after the Affidavits of Disclosure have
been filed before the court.

(k) A professional Marriage Counsellor must be made available in every Family


Court.

The Supreme Court also issued the following directions to overcome the issue of
overlapping jurisdiction, and avoid conflicting orders being passed in different
proceedings:

(i) where successive claims for maintenance are made by a party under different
statutes, the Court would consider an adjustment or setoff, of the amount awarded
in the previous proceeding/s, while determining whether any further amount is to
be awarded in the subsequent proceeding;

(ii) it is made mandatory for the applicant to disclose the previous proceeding and
the orders passed therein, in the subsequent proceeding;

(iii) if the order passed in the previous proceeding/s requires any modification or
variation, it would be required to be done in the same proceeding.

The Supreme Court further held that maintenance in all cases will be awarded
from the date of filing the application for maintenance and for enforcement /
execution of orders of maintenance, it was directed that an order or decree of
maintenance may be enforced under Section 28A of the Hindu Marriage Act, 1956;
Section 20(6) of the D.V. Act; and Section 128 of Cr.P.C., as may be applicable. The
order of maintenance may be enforced as a money decree of a civil court as per
the provisions of the CPC, more particularly Sections 51, 55, 58, 60 r.w. Order XXI.

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Shailja & Anr. v Khobbanna, (2018) 12 SCC 199.

https://www.livelaw.in/wifes-capability-earn-no-reason-reduce-maintenance-
awarded-sc-read-order/ (https://www.livelaw.in/wifes-capability-earn-no-reason-
reduce-maintenance-awarded-sc-read-order/)

The Supreme Court held that merely because the wife is capable of earning, it
would not be a sufficient ground to reduce the maintenance awarded by the Family
Court. The Court has to determine whether the income of the wife is sufficient to
enable her to maintain herself, in accordance with the lifestyle of her husband in
the matrimonial home as was held in Chaturbhuj v Sita Bai, (2008) 2 SCC 316.
Sustenance does not mean and cannot be allowed to mean mere survival as was
held in Vipul Lakhanpal v. Smt. Pooja Sharma, 2015 SCC OnLine HP 1252.

Sunita Kachwaha v. Anil Kachwaha, (2014) 16 SCC 715.

https://indiankanoon.org/doc/3786357/ (https://indiankanoon.org/doc/3786357/)

In this case, the wife had a postgraduate degree, and was employed as a teacher.
The husband raised a contention that since the wife had sufficient income, she
would not require financial assistance from the husband. The Supreme Court held
that merely because the wife was earning some income, it could not be a ground
to reject her claim for maintenance.

Swapan Kumar Banerjee v. State of W.B., (2020) 19 SCC 342.

https://www.livelaw.in/top-stories/deserter-wife-entitled-to-maintenance-after-
divorce-148527 (https://www.livelaw.in/top-stories/deserter-wife-entitled-to-
maintenance-after-divorce-148527)

The Supreme Court held that a divorced wife, even wife who has been divorced on
ground of desertion, is entitled to claim maintenance under Section 125 CrPC and
also held that a Petition for maintenance filed after divorce and remarriage of

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husband after a year, will make no difference because it is for wife to decide when
she wants to file a petition for maintenance.

Mohd. Ahmed Khan v. Shah Bano Begum, (1985) 2 SCC 556.

https://indiankanoon.org/doc/823221/ (https://indiankanoon.org/doc/823221/)

The Supreme Court held that there is no conflict between the provisions of Section
125 CrPC and those of the Muslim Personal Law on the question of the Muslim
husband's obligation to provide maintenance for a divorced wife who is unable to
maintain herself. Section 125 CrPC deals with cases in which, a person who is
possessed of sufficient means neglects or refuses to maintain, amongst others,
his wife who is unable to maintain herself. Since the Muslim Personal Law, which
limits the husband's liability to provide for the maintenance of the divorced wife to
the period of iddat, does not contemplate or countenance the situation envisaged
by Section 125 CrPC, it would be wrong to hold that the Muslim husband,
according to his personal law, is not under an obligation to provide maintenance,
beyond the period of iddat, to his divorced wife who is unable to maintain herself.
If the divorced wife can maintain herself, the husband's liability to provide
maintenance for her ceases with the expiration of the period of iddat. If she is
unable to maintain herself, she is entitled to take recourse of Section 125 of CrPC.

Shabana Bano v. Imran Khan, (2010) 1 SCC 666.

https://indiankanoon.org/doc/283310/ (https://indiankanoon.org/doc/283310/)

The Supreme Court held that a divorced Muslim woman would be entitled to claim
maintenance from her divorced husband, as long as she does not remarry. The
maintenance petition under Section 125 CrPC filed by a divorced Muslim woman
against her ex-husband would be maintainable even if an Application under
Section 5 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 has
not been filed.

Danial Latifi v. Union of India, (2001) 7 SCC 740.

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https://indiankanoon.org/doc/410660/ (https://indiankanoon.org/doc/410660/)

The Supreme Court held that a comparison of Sections 3(1)(a) and Section 3 of
Muslim Women (Protection of Rights on Divorce) Act, 1986 with Section 125 CrPC
will make it clear that the requirements provided in Section 125 CrPC and the
purpose, object and scope thereof being to prevent vagrancy by compelling those
who can do so to support those who are unable to support themselves and who
have a normal and legitimate claim to support are satisfied.

Bharat Hegde v. Saroj Hegde (2007) 140 DLT 16.

https://indiankanoon.org/doc/260066/ (https://indiankanoon.org/doc/260066/)

The High Court of Delhi held that the following factors need to be considered for
determining maintenance: status of the parties; reasonable wants of the claimant;
the independent income and property of the claimant; the number of persons, the
non-applicant has to maintain; the amount should aid the applicant to live in a
similar lifestyle as he/she enjoyed in the matrimonial home; non-applicant's
liabilities, if any; provisions for food, clothing, shelter, education, medical
attendance and treatment, etc. of the applicant; payment capacity of the non-
applicant; some guesswork is not ruled out while estimating the income of the
non-applicant when all the sources or correct sources are not disclosed; the non-
applicant to defray the cost of litigation; the amount awarded under Section 125
CrPC is adjustable against the amount awarded under Section 24 of the Hindu
Marriage Ac, 1955.

Sreeja T. and Ors. v. Rajaprabha, 2022 LiveLaw (Ker) 661.

https://www.livelaw.in/news-updates/section-125-crpc-maintenance-must-be-
granted-from-date-of-filing-of-petition-kerala-high-court-217151
(https://www.livelaw.in/news-updates/section-125-crpc-maintenance-must-be-
granted-from-date-of-filing-of-petition-kerala-high-court-217151)

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2/26/24, 2:10 PM Important Judgments on Section 125 CrPC

The High Court of Kerala held that when a party claims allowance of maintenance
by filing a petition, the party must get the maintenance from the date of the
petition onwards and the same is the sanction of law. No doubt, deviation
therefrom can be had for specified reasons to be recorded in writing and not
otherwise.

Manish Saini v. State of Uttarakhand, 2022 LiveLaw (Utt) 45.

https://www.livelaw.in/news-updates/uttarakhand-high-court-section-125-crpc-
maintenance-proceedings-impleadment-216208 (https://www.livelaw.in/news-
updates/uttarakhand-high-court-section-125-crpc-maintenance-proceedings-
impleadment-216208)

The High Court of Uttarakhand held that Section 125 (1) of Cr.P.C. opens with the
expression "if any person". This reflects the legislative intent that any one of the
several persons may be chosen for claiming maintenance and it is not obligatory
on the part of the claimant seeking maintenance to name all the persons having
sufficient means to be proceeded against. In other words, it is for the claimant to
decide whether he/she wants maintenance from any one or all the persons, who
are liable to maintain him/her.

Birendra Kumar Tiwari vs. Neetu Tiwari, 2022 LiveLaw (Chh) 79.

https://www.livelaw.in/news-updates/daughter-show-unable-maintain-herself-
not-attained-majority-seek-maintenance-125crpc-chhattisgarh-hc-216212
(https://www.livelaw.in/news-updates/daughter-show-unable-maintain-herself-not-
attained-majority-seek-maintenance-125crpc-chhattisgarh-hc-216212)

The Chhattisgarh High Court held that as per Section 125 Cr.P.C., to get
maintenance, daughter has to make out a case that she is unable to maintain
herself or has not attained the age of majority.

Sachindra Kumar Samal v. Madhusmita Samal @ Swain & Anr., 2022 LiveLaw
(Ori) 156.

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2/26/24, 2:10 PM Important Judgments on Section 125 CrPC

https://www.livelaw.in/news-updates/orissa-high-court-family-courts-inherent-
power-restore-maintenance-application-s125-crpc-214636
(https://www.livelaw.in/news-updates/orissa-high-court-family-courts-inherent-
power-restore-maintenance-application-s125-crpc-214636)

The Orissa High Court held when a proceeding of maintenance is dismissed on


account of default and if it is claimed that the court lacks jurisdiction to restore it
in absence of any provision, how it could have been dismissed for non-
prosecution, again for having no provision in the Cr.P.C. Since such is action is
predominantly civil in nature, the power to restore a proceeding under Section 125
Cr. P.C. is inherent. An application for maintenance is not a complaint as defined in
Section 2(d) Cr.P.C. so to hold that in the event of its dismissal for default, the bar
contained in Section 362 Cr. P.C. would be attracted.

Rama Nand v. Hira Lal, 2022 LiveLaw (AB) 477.

https://www.livelaw.in/news-updates/magistrate-issue-warrant-recovery-
defaulted-maintenance-125crpc-arrears-land-revenue-allahabad-high-court-
212776 (https://www.livelaw.in/news-updates/magistrate-issue-warrant-recovery-
defaulted-maintenance-125crpc-arrears-land-revenue-allahabad-high-court-
212776)

The Allahabad High Court has held that it is the discretion of the Magistrate,
before whom an application for enforcement of the maintenance order comes up,
either to issue a warrant for the levy of the amount by attachment and sale of
movables of the defaulter under Section 421(1)(a) of the CrPC, or to issue a
warrant to the Collector, authorizing him to realize the amount as arrears of land
revenue. It is open to issue kind of warrants simultaneously also.

Dr. Arvind Kishore v. Neha Mathur & Anr., 2022 LiveLaw (Raj) 235.

https://www.livelaw.in/news-updates/rajasthan-hc-upholds-judgment-directing-
husband-to-pay-monthly-maintenance-to-wife-son-210151
(https://www.livelaw.in/news-updates/rajasthan-hc-upholds-judgment-directing-

https://www.livelaw.in/know-the-law/important-judgments-on-section-125-crpc-219733 11/26
2/26/24, 2:10 PM Important Judgments on Section 125 CrPC

husband-to-pay-monthly-maintenance-to-wife-son-210151)

The Rajasthan High Court held that deductions from husband's monthly income
due to certain leaves availed by him cannot become a part of the baseline in
computing maintenance under Section 125 CrPC, as in all likelihood, the same will
fluctuate over time, owing to very many reasons.

Sunita & Anr. v. Vijay Pal @ Mohd. Sabir & Anr., 2022 LiveLaw (Del) 788.

https://www.livelaw.in/news-updates/party-change-circumstance-maintenance-
order-petition-sec-127-crpc-delhi-high-court-206962
(https://www.livelaw.in/news-updates/party-change-circumstance-maintenance-
order-petition-sec-127-crpc-delhi-high-court-206962)

The High Court of Delhi held that a petition under Section 125 Cr.P.C. will be
covered by the principle of res judicata due to its universal applicability, as
proceedings under Section 125 Cr.P.C. are quasi-criminal in nature. Once the
petition has been adjudicated under Section 125 Cr.P.C. favourably by a Court of
competent jurisdiction on merits, a subsequent petition cannot be preferred which
arises from the same dispute having similar situations, circumstances, and
grounds as the previously adjudicated issues in the earlier petition filed under
Section 125 Cr.P.C. The appropriate recourse would be seeking relief under Section
127 of the CrPC, not filing a fresh petition under Section 125 of the CrPC.

Soumitra Kumar Nahar v. Parul Nahar, 2022 LiveLaw (Del) 731.

https://www.livelaw.in/news-updates/pendency-divorce-petition-rejection-
maintenance-application-maintenance-125-crpc-delhi-high-court-205318
(https://www.livelaw.in/news-updates/pendency-divorce-petition-rejection-
maintenance-application-maintenance-125-crpc-delhi-high-court-205318)

The Delhi High Court held that the pendency of a divorce petition and rejection of
an application for maintenance in such petition, would not disentitle the wife to
seek maintenance under Section 125 of CrPC.

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2/26/24, 2:10 PM Important Judgments on Section 125 CrPC

(Muneeb Rashid Malik is an Advocate and can be reached at


[email protected] (mailto:[email protected]). He
tweets @muneebmalikrash).

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Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-7]

AB. Is not the filing of a charge-sheet without the requisite prosecution sanction per se, illegal ? 29.
The filing of a charge-sheet before Court without the requisite prosecution sanction is not per se
illegal. What the law insists is that before the Court takes cognizance of the offence, there must be
before the Court the requisite...

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Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-6]

Z. The necessity, if any, to examine the sanctioning authority as a witness before Court 27. There is
no need to examine the sanctioning authority as a witness during the trial of the case before Court
What the prosecution has to prove is that the sanctioning authority applied his mind to the facts
constituting the offence. If this is...
(/top-stories/section-197-crpc-prosecution-sanction-order-public-document-evidence-act-249579)

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2/26/24, 2:10 PM Important Judgments on Section 125 CrPC

Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-5]

T. Can the Government empower a responsible and senior officer to accord sanction on behalf of
the Government either under the Cr.P.C or under the P.C Act, 1988 ? 21. Yes. Where it is the
Government which has to accord prosecution sanction, the Government can empower a responsib
and senior officer to accord such prosecution sanction....

(/top-stories/section-197-crpc-explainer-grant-of-prosecution-sanction-249123)

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2/26/24, 2:10 PM Important Judgments on Section 125 CrPC

Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-4]

O. Authorities competent to accord sanction under Section 19 (1) of the Prevention of Corruption
Act, 1988 16. The authorities competent to grant prosecution sanction under the P. C. Act, 1988 are
– (i) The Central Government in the case of a person who is employed in connection with the affair
of the Union and not ...
(/top-stories/power-to-grant-prosection-sanction-section-197-crpc-explainer-249122)

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2/26/24, 2:10 PM Important Judgments on Section 125 CrPC

Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-3]

L. Can it be said that certain offences committed by public servants cannot constitute acts done in
performance of official duty ? 13. Unfortunately yes, in the light of certain decisions of the Supreme
Court. In State of H.P. v. M.P Gupta (2004) 2 SCC 349 = AIR 2004 SC 730 - Doraiswamy Raju, Arijit
Pasayat - JJ, it was held by...
(/top-stories/section-197-crpc-protection-police-officers-prosecution-sanction-public-servants-official-
duty-248940)

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2/26/24, 2:10 PM Important Judgments on Section 125 CrPC

Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-2]

F. The inevitable requirements for sanction to prosecute an accused who is a Judge, Magistrate or
Public Servant 7. It is not enough that the Judge, Magistrate or “public servant” concerned is
holding such post. It should be further shown that they are not removable from their office except
by or with the sanction of the...
(/top-stories/section-197-crpc-explainer-prosecution-sanction-judges-public-servants-protection-
248210)

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2/26/24, 2:10 PM Important Judgments on Section 125 CrPC

Prosecution Sanction Under Section 197 Cr.P.C Explained By Justice V Ram Kumar [Part-I]

A. I N T R O D U C T I O N Section 197 Cr.P.C. has been enacted for affording some protection to
“public servants” including Judges and Magistrates. In the case of Judges and Magistrates, they
have to function without any fear or favour, affection or ill will. As long as they act bona fide, they
need protection for fearlessly...
(/top-stories/section-197-crpc-explainer-prosecution-sanction-public-servants-judges-protection-
247907)

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2/26/24, 2:10 PM Important Judgments on Section 125 CrPC

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V
Ramkumar [Part-XII]
Q.56 Supposing, in the above question “police custody” of the accused is wrongly obtained from th
Court and while so, a recovery falling under Section 27 of the Evidence Act is effected. Is the
recovery evidence admissible? Ans. Yes. Such a confession is not liable to be excluded merely on
the ground that it was obtained under an...
(/top-stories/section-27-of-evidence-act-recovery-evidence-admissibility-247693)

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2/26/24, 2:10 PM Important Judgments on Section 125 CrPC

Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-2

MCQs based on Current SC Judgments- September 2023 21. As far as the comparison between
ocular evidence and the opinion of medical experts goes, which statement is correct in this regard?
a) Medical expert opinions should always take precedence over eyewitness accounts.b) Ocular
evidence should be considered only if it matches the medical expert...
(/top-stories/judicial-service-exams-question-and-answers-latest-supreme-court-judgments-247282)

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2/26/24, 2:10 PM Important Judgments on Section 125 CrPC

“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V
Ramkumar [Part-XI]
Q.51 The culprit husband who is subsequently made an accused voluntarily goes to the police
station soon after committing brutal murder of his wife and tells the Sub Inspector who is the SHO
that he butchered his wife to death and reveals the place where he has concealed the chopper. The
Head Constable is sent to the place mentioned by the...
(/top-stories/section-27-evidence-act-recovery-evidence-dicovery-of-fact-explainer-247265)

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2/26/24, 2:10 PM Important Judgments on Section 125 CrPC

Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-1

MCQs based on Current SC Judgments- September 20231. Recently, in Zunaid v. State of UP 2023
LiveLaw (SC) 730, what power did the Supreme Court affirm regarding the Magistrate's authority
after receiving the final police report under Section 173 CrPC?a) The Magistrate must accept the
final report without any discretion.b) The Magistrate can only...

(/top-stories/important-judgments-for-judiciary-exams-247228)

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2/26/24, 2:10 PM Important Judgments on Section 125 CrPC

The Art Of Writing Judgments [Part-II]

Criminal CasesThe general framework of a judgment in a criminal case is substantially similar to a


civil case. The judgment must contain (i) the facts asserted by the prosecution and by the accused
(ii) the point or points for determination; and (iii) the decision on the points, with reasons therefor.
The judgment in a criminal case must also...
(/top-stories/art-of-wring-judgements-judges-247208)

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