Tamil - Police Final Report is Not Binding: Supreme Court on Summoning Additional Accused

Описание: https://jurisoptima.com/cases/neeraj-...

In this video, we analyze the significant 2025 Supreme Court judgment in Neeraj Kumar v. State of U.P., which addresses two critical questions in Indian criminal law: the power of the Court to summon accused persons exonerated by the Police (Section 319 CrPC) and the admissibility of Dying Declarations when death occurs months after the statement (Section 32 Evidence Act).
The case involves a tragic instance of harassment and murder where the Police filed a charge sheet only against the husband, dropping the names of the in-laws despite specific allegations by the deceased victim. The Supreme Court had to determine if the Trial Court and High Court were correct in refusing to summon the in-laws based on the police report and the delay in the victim's death.
Key Legal Topics Covered:
Section 319 of the Code of Criminal Procedure (CrPC): Can a Court summon a person as an accused even if the Police found no evidence against them? What is the standard of evidence required?Section 32 of the Indian Evidence Act: Does a statement recorded by the police become a valid Dying Declaration if the victim survives for two months after making it? Is the expectation of imminent death a mandatory requirement under Indian law?Child Witness Testimony: How should courts treat the testimony of a minor eyewitness at the stage of summoning an accused?This judgment serves as an important precedent regarding the "extraordinary power" of the courts to ensure justice is not defeated by a defective police investigation. We break down the Supreme Court's reasoning, referencing the landmark Hardeep Singh Constitution Bench judgment, and explain why the "Final Report" by the police is not the final word in a criminal trial.
This video is essential for law students, practicing advocates, and anyone interested in understanding how the Indian judicial system corrects investigative lapses to secure justice for victims.
Disclaimer:
The content provided in this video is for educational and informational purposes only. It does not constitute legal advice or professional legal opinion. Viewers are advised to consult with a qualified legal practitioner for advice on specific legal issues.

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