Criminal Procedure Code 1973Fresh Investigation or Further investigation In Criminal Trial

March 23, 20160

The extraordinary power of constitutional courts in directing CBI to conduct fresh  investigation or further investigation , during criminal trial , in a case must be exercised sparingly, cautiously and in exceptional situations.

It should be exercised when it is necessary to provide credibility and instil confidence in investigation or where incident may have national or international ramifications or where such order may be necessary for doing complete justice and for enforcing fundamental rights.

Each of the determinants is complete and independent by itself to justify exercise of such power and is not interdependent on each other.

[Pooja Pal v. Union of India, (2016) 3 SCC 135]

Leave a Reply

Your email address will not be published. Required fields are marked *

© 2020-21 AMLEGALS Law Firm in Ahmedabad, Mumbai, Kolkata, New Delhi, Bengaluru for IBC, GST, Arbitration, Contract, Due Diligence, Corporate Laws, IPR, White Collar Crime, Litigation & Startup Advisory, Legal Advisory.

 

Disclaimer & Confirmation As per the rules of the Bar Council of India, law firms are not permitted to solicit work and advertise. By clicking on the “I AGREE” button below, user acknowledges the following:
    • there has been no advertisements, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website;
    • user wishes to gain more information about AMLEGALS and its attorneys for his/her own information and use;
  • the information about us is provided to the user on his/her specific request and any information obtained or materials downloaded from this website is completely at their own volition and any transmission, receipt or use of this site does not create any lawyer-client relationship; and that
  • We are not responsible for any reliance that a user places on such information and shall not be liable for any loss or damage caused due to any inaccuracy in or exclusion of any information, or its interpretation thereof.
However, the user is advised to confirm the veracity of the same from independent and expert sources.