“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-I]

A. SOME GENERAL PRINCIPLES REGARDING “WILLS” Q.1 What is the meaning of “Will”, as generally understood ? Ans. A “will” is usually referred to in combination with a “testament” or a “testamentum” to be known as a “Will and Testament”. It is an instrument made in contemplation of death. A “will” is a testamentary disposition of...

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-II]

Q.6 Can an accused on his own accord make a confession without being sponsored by the Police ?Ans. Yes. An accused himself can appear before a Judicial Magistrate for recording his confession. Such accused person is free to make a voluntary confession before the Magistrate and he need not be sponsored by the Police unlike in the case of a witness or victim. This is a Judge-made law. The...

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-IV

Q.16 Is the above decision in Union of India v. Thamisharasi reported in (1995) 4 SCC 190 applicable to offences under the Kerala Abkari Act?Ans. Yes. Section 37 of the NDPS Act is pari materia with Section 41(A) of the Kerala Abkari Act. (See Muraleedharan v. State of Kerala – (2001) 4 SCC 638 = AIR 2001 SC 1699 – K. T. Thomas, R. P. Sethi – JJ.)Q.17 Is an under-trial prisoner who...

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-III

Q.11 The default period applicable for the offence is 60 days. The accused is arrested on 02-09-2012. He is remanded to judicial custody on 03-09-2012. The Charge sheet is filed on 02-11-2012. If Rule 22 of the Kerala Criminal Rules of Practice were to be applied then the charge sheet will be deemed to have been files on the 61st day. How is the period to be computed ? Is the charge sheet...

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-II

Q.6 Is a Magistrate or a Special Judge obliged to release an accused on default bail (compulsive bail) under the proviso to Sec. 167 (2) Cr.P.C. in a case involving a cognizable offence under the Customs Act, 1962 where the arrest and production before Court were made by a Customs Officer who is not a police officer ?Ans. Yes. Although, applying the tests laid down by the Supreme Court,...

“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-I]

Q.1 What is a confession ?Ans. A confession is an admission of the offence by the accused. An admission is a statement, oral or documentary which enables the Court to draw an inference as to any fact in issue or relevant fact. There is a clear distinction between “admission” and “confession”. The term “admission” is of wider connotation and can be used to include a confession....

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I

Q.1 Has the accused an indefeasible right to “compulsive bail” i.e. “default bail” under the proviso to Section 167 (2) Cr.P.C. on the expiry of the period of 90 days or 60 days whichever is applicable?Ans. Yes. At that stage, even without examination of the case on merits, the accused is entitled to and the Court is bound to grant default bail to the accused. See –Hitendra...

[BAIL] Questions & Answers By Justice V. Ramkumar-Cancellation Of Bail-PART-III

Q.11 In a case where the court is convinced from the Attendance Register maintained by the SHO that the accused has violated the bail condition regarding reporting before the Police, is it necessary to give notice and an opportunity of being heard to the accused before his bail is cancelled?Ans. Yes. The accused cannot be condemned unheard. He may have valid explanation to be offered for...

[BAIL] Questions & Answers By Justice V. Ramkumar-Cancellation Of Bail-PART-II

Q.6 Can the default bail granted by the Magistrate under Section 167 (2) Cr.P.C be cancelled and if so, what is the provision for cancellation ?Ans. Every person released on default bail granted by the Magistrate under Section 167 (2) Cr.P.C. is, by virtue of the last portion of paragraph (a) of the proviso to Section 167 (2) Cr.P.C., deemed to be released under Chapter XXXIII. So, such...

[BAIL] Questions & Answers By Justice V. Ramkumar-Cancellation Of Bail-PART-I

Q.1 Is there any specific provision in the Cr.P.C for cancellation of bail?Ans. No. But Section 437 (5) is the provision understood as the provision enabling a Magistrate for cancellation of bail granted by the Magistrate in respect of a non-bailable offence. Similarly, Section 439 (2) is the provision understood as locating the power of the Sessions Judge and the High Court for cancelling...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-IX

Q.41 Is it permissible to keep a child in conflict with law be kept in jail or police lockup under any circumstance ?Ans. No. A child in conflict with law cannot be kept in jail or in a police lockup under any circumstance and has to be kept in an “observation home” or any other place of safety. All the Juvenile Justice Boards (“JJB” for short) in the country must follow the letter...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VIII

Q.36 Why not during these “corona lockdown” days impose a mandatory bail condition to download Arogya Setu App and keep the applicant’s GPS and Bluetooth open?Ans. No. Such a condition imposed by an Additional Sessions Judge in the Patiala House Court Complex, New Delhi has been frowned upon and disapproved.Q.37 The defense lawyer argues that unless the accused is released on bail, he...