Explosive Substances Act, 1908 – Section 7 – Sanction for prosecution – the consent should be by the District Magistrate and the Central Government cannot… Read More »Thadiyantevida Nazeer @ Ummer Haji @ Haji, Sidhique, Naser v. State of Kerala
Penal Code, 1860 – Ss. 100 & 302 – Murder – Right of Private Defence – Mitigating & Aggravating Circumstances – When the right of private defence of the body extends to causing death – the right should not extend to inflicting more harm than it is necessary to inflict for the purpose of defence.
Police Act, 2011 (Kerala) – Section 118 (a) – Influence of Alcohol – Consuming liquor in a private place without causing nuisance or annoyance to anybody will not attract any offence. Mere smell of alcohol also cannot be construed to mean that the person was intoxicated or was under the influence of any liquor. (2021) 11 KCC 422 : 2021 (6) KHC 380
Penal Code, 1860 – Ss. 302 & 201 – The plight of migrant workers is such, that any crime against one, is invariably saddled on another and the investigation proceeds in a preconceived manner assuming that the Courts would only convict.
Code of Criminal Procedure, 1973 – Sections 87 and 204(1) (b) – Merely for the reason that they were absconding during the period of investigation, after filing the final report unless reasons are recorded, warrant of arrest cannot be issued. (2021) 9 KCC 316 : 2021 (5) KHC 623