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  • Rajbir V Jasvindr

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    The document discusses two Supreme Court cases - Rajbir v State of Haryana and Jasvinder v State (NCT Delhi). In Rajbir, the Supreme Court had said courts can add Section 302 IPC charges using their powers under Section 216 CrPC. However, in Jasvinder, the Supreme Court clarified that Section 302 charges cannot be mechanically added and can only be added if the crime prima facie falls under Section 302 based on the evidence. The document says adding Section 302 charges against Raghubir was a violation of Jasvinder as there was no evidence to show intention to cause death, and the trial court overlooked the guidance from Jasvinder.

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    Rajbir v Jasvindr

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    The document discusses two Supreme Court cases - Rajbir v State of Haryana and Jasvinder v State (NCT Delhi). In Rajbir, the Supreme Court had said courts can add Section 302 IPC charges using their powers under Section 216 CrPC. However, in Jasvinder, the Supreme Court clarified that Section 302 charges cannot be mechanically added and can only be added if the crime prima facie falls under Section 302 based on the evidence. The document says adding Section 302 charges against Raghubir was a violation of Jasvinder as there was no evidence to show intention to cause death, and the trial court overlooked the guidance from Jasvinder.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    7 views1 page

    Rajbir V Jasvindr

    Uploaded by

    a9425347045
    The document discusses two Supreme Court cases - Rajbir v State of Haryana and Jasvinder v State (NCT Delhi). In Rajbir, the Supreme Court had said courts can add Section 302 IPC charges using their powers under Section 216 CrPC. However, in Jasvinder, the Supreme Court clarified that Section 302 charges cannot be mechanically added and can only be added if the crime prima facie falls under Section 302 based on the evidence. The document says adding Section 302 charges against Raghubir was a violation of Jasvinder as there was no evidence to show intention to cause death, and the trial court overlooked the guidance from Jasvinder.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    Rajbir (2010) 15 SCC 116 Jasvinder (2013) 7 SCC 256

    The trial court/police following the Hon’ble In the case of Jasvinder v State (NCT Delhi) the
    Supreme Court order in Rajbir case, simply Hon’ble Supreme Court specifically pointed out
    added the charge of S-302 IPC upon Raghubir, the intention and reasoning behind its
    even though there was no particular case made Judgement in the case of Rajbir v State of
    out from the evidences available with the police Haryana.
    or before the court.
    That adding charges of S-302 IPC mechanically
    The same was done only to make the to every chargesheet of S-304B IPC was wrong.
    punishment and crime more serious and That the addition can only be made by the
    heinous. (Para 7) court, if the crime is prima facie made out by
    them, with the help of the evidence provided to
    Following the observation of Hon’ble Supreme them, and the court feeling that the crime falls
    Court in Rajbir v State of Haryana case, the into the category of S-302 IPC. (Para 13)
    charges of S-302 IPC was added to the charges
    of S-304B IPC in the chargesheet against That in the present case there are no prima
    Raghubir. facie evidence to indicate even to the slightest
    that Raghubir had the intention (mens rea) to
    cause death of the deceased which is a very
    important ingredient of S-302 IPC. The Hon’ble
    Supreme Court also observed that the
    ingredients of both S-302 and S-304B are
    different. And crime needs to be specifically
    made out in each for them, for the charges to
    be applied (Para 14)

    Adding of the chargers of S-302 against


    Raghubir is straight up violation of the
    judgement of Jasvinder v State (NCT Delhi).

    Also the Rajbir v State of Haryana judgement


    directs the courts to add the charges of S-302
    IPC using its inherent powers under S-216 CrPC.
    Commenting upon the same the Hon’ble
    Supreme Court in Jasvinder v State (NCT Delhi),
    said that the power under S-216 CrPC is only to
    be used when the courts feel’s it necessary
    based upon the evidence presented.

    The trail court/police in Raghubir case also


    overlooked this observation of and directly
    added the charges of S-302IPC

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