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Question Bank
Question
What is ‘Corpus delicti’ principle?
Solution
‘Corpus delicti’– ‘body of the crime’- Generally, this principle has reference to the requirement of the prosecution proving that the crime has been committed, so as to charge the delinquent and secure a conviction (Para 12 of Sanjay Kumar J Judgment)- It means that before seeking to prove that accused is the author of the crime concerned, it must be established that the crime charged has been committed. In fact, the said Latin expression is used with reference to the establishment of the fact that an offence has been committed, as opposed to the proof that a given person has committed it – (Para 30 of Ravikumar J Judgment) -Manik vs State Of Maharashtra 2024 INSC 734
Question
What are the the essential ingredients required to be proved in the case of an offence under Section 307 IPC?
Solution
(i) that the death of a human being was attempted; (ii) that such death was attempted to be caused by, or in consequence of the act of the accused; and (iii) that such act was done with the intention of causing death; or that it was done with the intention of causing such bodily injury as : (a) the accused knew to be likely to cause death; or (b) was sufficient in the ordinary course of nature to cause death, or that the accused attempted to cause death by doing an act known to him to be so imminently dangerous that it must in all probability cause (a) death, or (b) such bodily injury as is likely to cause death, the accused having no excuse for incurring the risk of causing such death or injury- Shoyeb Raja vs State Of Madhya Pradesh 2024 INSC 731
Question
Is minor nature of injuries sufficient reason to not frame a charge under Section 307 IPC.?
Solution
The nature or extent of injury suffered, are irrelevant factors for the conviction under this section, so long as the injury is inflicted with animus. -The question of intention to kill or the knowledge of death in terms of Section 307, IPC is a question of fact and not one of law – The minor nature of injuries is not sufficient reason to not frame a charge under Section 307 IPC. (Para 11-16) Shoyeb Raja vs State Of Madhya Pradesh 2024 INSC 731
Question
Can criminal proceedings be quashed even after the charge sheet is filed?
Solution
Code Of Criminal Procedure, 1973; Section 482-There is no prohibition against quashing of the criminal proceedings even after the charge sheet has been filed.- Referred to Anand Kumar Mohatta v. State (NCT of Delhi) (2019) 11 SCC 706. (Para 16) Kailashben Mahendrabhai Patel vs State Of Maharashtra 2024 INSC 737
Question
Is post mortem report a conclusive evidence of the facts mentioned in the re-port regarding the cause of death, time of death etc.?
Solution
Post mortem report is generally not considered as conclusive evidence of the facts mentioned in the re-port regarding the cause of death, time of death etc. It could always be corroborated with other direct evidence on record such as ocular evidence of the eye witnesses. However, when there is no other credible evidence on record to contradict the report, the facts stated in the post mortem report are generally taken as true (Para 30)-Vijay Singh @ Vijay Kr. Sharma vs State Of Bihar 2024 INSC 735
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