Conflict of Laws

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Nandini Satpathy vs Dani (P.L.) And Anr on 7 April, 1978

Supreme Court of India Nandini Satpathy vs Dani (P.L.) And Anr on 7 April, 1978 Equivalent citations: 1978 AIR 1025, 1978 SCR (3) 608 Bench: Krishnaiyer, V.R. PETITIONER: NANDINI SATPATHY Vs. RESPONDENT: DANI (P.L.) AND ANR. DATE OF JUDGMENT07/04/1978 BENCH: KRISHNAIYER, V.R. BENCH: KRISHNAIYER, V.R. SINGH, JASWANT TULZAPURKAR, V.D. CITATION: 1978 AIR 1025 1978 SCR (3) 608 1978 SCC (2) 424 CITATOR INFO : R 1979 SC 447 (7) RF 1981 SC 379 (62) RF 1992 SC 604 (58) D 1992 SC1795 (7) ACT: Penal Code, (Act V). 1860-S.179-Whether mens rea forms a necessary component of S. 179-Defences open under Section 179 I.P.C. r/w Section 161 Criminal Procedure Code. Criminal Procedure Code, 1973, S. 161(2)-Parameters of Section 161(2), what are-Whether the tendency to expose a person to a criminal charge embrance answers which have an inculpatory impact in other criminal cases in posse or in esse elsewhere,-"Any person supposed to be acquainted" in S. 161 (1) Whether includes an accused person or only a witness-When does an answer acquire confessional status within the meaning of S. 27 of Evidence Act. Indian Kanoon - http://indiankanoon.org/doc/1938988/ 1

Nandini Satpathy vs Dani (P.L.) And Anr on 7 April, 1978

"Right to silence", when applicable-Constitutional right under Art. 20(3) examined, explained and made explicit- Meaning of the word "accused" occurring in Art. 20(3) whether it includes a suspect-accused-Constitution of India, 1950, Art. 20(3). Examination of a witness by Police under S. 161-Effect of proviso and marginal note, Crl. P C., 1973. HEADNOTE: The appellant, a former Chief Minister of Orissa and one time Minister at the National level was directed to appear at the Vigilance Police Station, Cuttack, in September, 1977 for being examined in connection with a case registered against her by the Deputy Superintendent of Police, Vigilance, Cuttack u/s 5 (2) read with s. 5 (1) (d) and (e) of the Prevention of Corruption Act and u/s. 161/165, 120B and 109 I.P.C. On the strength of the first information, in which the appellant, her son and others were shown as accused persons investigation was commenced. During the course of the investigation it was that she was interrogated with reference to a long string of questions, given to her in writing. The gravamen of the accusation was one of acquisition of assets disproportionate to the known, licit sources of income and probable resources over the years of the accused, who occupied a public position and exercised public power for a long spell during which the appellant by receipt of illegal gratification aggrandised herself. Exercising her right of guaranteed under Art. 20(3) of the Constitution, the appellant refused to answer, with the result a complaint was filed by the Deputy Superintendent of Police, Vigilance (Directorate of Vigilance) Cuttack, against the appellant, under s. 179 I.P.C. before the Sub- Divisional Judicial Magistrate, Sadar, Cuttack. The Magistrate took cognizance of the offence and issued summons of appearance against the appellant-accused. Aggrieved by the action of the Magistrate and urging that the complaint did not and could not disclose an offence, the accused- appellant removed the High Court under Art. 226 of the Constitution as well as under s. 401 of the Cr. P. Code, challenging the validity of the Magisterial proceeding. The broad submission, unsuccessfully made before the High Court, was that the charge rested upon a failure to answer interrogations by the police but this charge was unsustainable because the umbrella of Art. 20(3) of the Constitution and the immunity under Section 161(2) of the Cr. P. Code were wide enough, to shield her in her refusal. The plea of unconstitutionality and illegality, put forward by this preemptive proceeding was rebuffed and so the appellant appealed to this Court by certificate granted under Art. 132(1) resulting in two appeals. Allowing the appeals and...
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