Search Results for "Right against self-incrimination"

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Search Results for "Right against self-incrimination"

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High Court

High Court of Karnataka Quashes DNA Profiling Order in POCSO Case Due to Lack of Consent and Non-Compliance with Statutory Procedure. Court holds that DNA profiling of an accused without his consent and without following the procedure under Section 53A Cr.P.C. and the DNA Profiling Act, 2019 is illegal and violative of Article 20(3) of the Constitution.

10 Dec 2021

The petitioner, Malappa @ Malingaraya, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 Cr.P.C. see...

Supreme Court

Supreme Court Upholds Acquittal of Accused in Triple Murder and Robbery Case — Circumstantial Evidence Found Insufficient to Sustain Conviction. Last Seen Circumstance and Recovery of Stolen Articles Fail to Establish Guilt Beyond Reasonable Doubt.

14 Jan 2019

The case pertains to the murder of three persons, Premchand Jain, his wife Anandi Devi, and their unmarried daughter Preeti, and the robbery of cash a...

High Court

High Court of Karnataka Dismisses Petition Challenging DNA Test Order in POCSO Case — Accused Cannot Claim Right Against Self-Incrimination for DNA Evidence. DNA test is a scientific test and not testimonial compulsion, hence not violative of Article 20(3) of Constitution.

25 Apr 2015

The petitioner, Devappa Halageri, was accused of raping a 16-year-old minor, resulting in her pregnancy and delivery of a girl child. The Koppal Rural...

High Court

High Court of Karnataka Dismisses Petition Challenging DNA Test Order in POCSO Case — Accused Cannot Claim Right Against Self-Incrimination for DNA Sampling in Rape Investigation. DNA test is a scientific test not amounting to testimonial compulsion under Article 20(3) of the Constitution of India.

25 Apr 2015

The petitioner, Devappa Halageri, was accused of raping a minor girl, resulting in her pregnancy and delivery of a child. The Koppal Rural Police regi...

High Court

Bombay High Court Allows Accused's Petition in Section 138 NI Act Case — Summons to Accused to Produce Documents Quashed as Violative of Right Against Self-Incrimination. The court held that a complainant cannot compel the accused to produce documents in his custody to rebut the defence, as it infringes Article 20(3) of the Constitution.

19 Jun 2013

The petitioner, Mahendrakumar Kanhyalal Jain, was the accused in Summary Criminal Case No. 3061/2003 pending before the Judicial Magistrate, First Cla...

High Court

Bombay High Court Quashes Narco Analysis Test Order in IPC Offences Case — Violation of Article 20(3) and 21. Permission for Narco analysis test set aside as it infringes fundamental right against self-incrimination and right to life without proper consent and health safeguards.

2 Aug 2010

The petitioner, Mahesh s/o Mahonsing Shribas, filed a Criminal Writ Petition before the Bombay High Court challenging the order dated 28.1.2010 passed...

High Court

Bombay High Court Quashes Narco Analysis Order Against Accused in Bank Fraud Case — Consent Not Voluntary and Violates Article 20(3). Narco analysis without free consent amounts to testimonial compulsion under Article 20(3) of the Constitution of India.

3 Mar 2006

The petitioner, Mrs. Rajeshree Aman Hemani, was an accused in Criminal Case No.19 of 2005 before the Chief Judicial Magistrate, Nagpur, arising out of...

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