Advocate Vivek Nasa on Anti- Corruption Laws

Advocate Vivek Nasa on Anti- Corruption Laws

By Vivek Nasa

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Complaint under section 420 IPC not barred even if prior complaint under section 138 NI Act is pending -Supreme Court

It has been held by Hon'ble Supreme court of India in Sangeetaben Mahendrabhai Patel vs State Of Gujarat that, A subsequent complaint under section 420 IPC is admissible & not barred even if prior complaint under section 138 NI Act is pending or appeal thereto in pending adjudication. Supreme Court of India Sangeetaben Mahendrabhai Patel vs State Of Gujarat ; Anr on 23 April, 2012 Author: . B Chauhan Bench: B.S. Chauhan, Jagdish Singh Khehar REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 645 of 2012 Sangeetaben Mahendrabhai Patel …Appellant Versus State of Gujarat & Anr. …Respondents J U D G M E N T Dr. B.S. CHAUHAN, J. 1. This appeal has been preferred against the impugned judgment and order dated 18.8.2011 passed by the High Court of Gujarat at Ahmedabad in Criminal Misc. Application No. 7807 of 2006, by which the High Court has dismissed the application filed by the presen

ADMISSIBILITY OF EVIDENCE RELATED TO ELECTRONIC RECORDS UNDER INFORMATION TECHNOLOGY ACT AND INDIAN EVIDENCE ACT

ADMISSIBILITY OF EVIDENCE RELATED TO ELECTRONIC RECORDS UNDER INFORMATION TECHNOLOGY ACT AND INDIAN EVIDENCE ACT WRITTEN BY: VIVEK NASA ELECTRONIC EVIDENCE / EVIDENCE RELATED TO ELECTRONIC RECORDS NOT ADMISSIBLE WITHOUT CERTIFICATE UNDER SECTION 65B(4) OF INDIAN EVIDENCE ACT. ANY AUDIO/VIDEO RECORDING OF ANY CRIMINAL OFFENCE GIVEN TO POLICE ON CD/DVD/PEN DRIVE, NOT ADMISSIBLE EVIDENCE PER SE . After implementation of Information Technology Act 2000 (as amended), amendments were made to other statues like Indian Penal code and Indian Evidence Act, to recognize offences/ criminal acts done, using computer systems (including electronic devices). Amendments were also introduced to Indian Evidence Act to recognize evidence collected using computer systems. Section 65A and 65B were added to recognize admissibility of evidence related to electronic records. Section 65A of Indian Evidence Act reads as under: “Section 65A: Special provisions as to evidence relating to el

Directions issued by Supreme Court of India in respect of sexual abuse/assault of minor child. By Vivek Nasa In a Recent Judgement by Supreme Court of India, in the matter of “Shankar Kisanrao Khade vs. State of Maharashtra” Criminal Appeal No. 362-363 of 2010 following directions have been passed in Judgement delivered by K.S. Radhakrishnan, J, in respect of sexual abuse or assault of minor, (1) The persons in-charge of the schools/educational institutions, special homes, children homes, shelter homes, hostels, remand homes, jails etc. or wherever children are housed, if they come across instances of sexual abuse or assault on a minor child which they believe to have committed or come to know that they are being sexually molested or assaulted are directed to report those facts keeping upmost secrecy to the nearest S.J.P.U. or local police, and they, depending upon the gravity of the complaint and its genuineness, take appropriate follow up action casting no stigma t

Advocate Vivek Nasa

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