Section 112 of the CrPC: Kicking Against the Pricks or Much Ado About Nothing?
crpc_bnss clat_pg advanced judgment_takeYaar, recently read about the Supreme Court judgment in Raju @ Rajendra vs State of Gujarat (2023) where it was held that the trial court has the discretion to accept or reject the additional evidence tendered under Section 112 of the Code of Criminal Procedure (CrPC). The Court said that Section 112 is procedural and cannot override the inherent jurisdiction of the court to deal with cases of miscarriage of justice.
Honestly, feels like this judgment is a masterclass in nuance and not taking things at face value. It's not like the Court has taken away the power of the trial court entirely, but has rather emphasized the importance of judicial discretion in balancing the scales of justice. Think about it, in the BNSS context during CLAT PG, you'll come across many cases where courts have used their inherent jurisdiction to override technical defects in the trial process.
Aap sabhi ke liye ek positive thought: Section 112 CrPC ka discussion bahut hi zaroori hai. Isse humein aage badhne ke liye aur samasyaon ka samadhan nikalne ke liye madad karta hai. Nahi toh ham sabhi to 'much ado about nothing' ho jayenge. Kisi bhi topic par jaake research karein aur samjhein, to hum aapka future judge ban sakte hain!
Maine ish section par bahut kaam kiya hai apne research project mein. Mujhe lagta hai ki Section 112 CrPC, abhi bhi kai problems ko solve nahi sakta. Yeh procedure complex aur time-consuming hai. Haan, agar uske paas yeh power hai ki ek accused ko free karne ka. Lekin usse pehle police ko kuch aur procedure bhi follow karni hoga.