Kanoon Desk

  Can a Parent Seek Interim Visitation Rights While a Custody Case Is Pending? Yes. A parent can generally ask the court for interim visitation rights while a child custody case is still pending. Such an arrangement is temporary and is intended to address the child’s contact with the parent until the court makes a final determination regarding custody. Under Section 12 of the Guardians and Wards Act , 1890 , the court has power to make interlocutory orders concerning the temporary custody and protection of a minor. This provision can be relevant when a court is considering temporary arrangements during pending guardianship or custody proceedings.  What can interim visitation include? Visitation does not necessarily mean transferring custody of the child to the other parent. Depending on the circumstances, a court may consider arrangements such as: meeting the child on specified days; spending a specified number of hours with the child; visitation at a neutral or court-approve...

  What Happens If a Prosecution Witness Does Not Support the Prosecution Case? A criminal trial does not automatically fail merely because a prosecution witness gives evidence that is different from the prosecution's expected version. Similarly, a witness who does not fully support the prosecution case does not automatically become useless to the court. Such a witness may be described as a hostile witness when the court permits the party calling the witness to cross-examine them. However, the important question is what part of the witness's testimony remains reliable after the court examines the evidence as a whole. Does a hostile witness's entire evidence become useless? No. The Supreme Court has repeatedly held that the testimony of a witness who is declared hostile is not automatically erased from the record . The court can examine the evidence carefully and rely upon portions that are found trustworthy and supported by other evidence. This means that a prosecution witn...

  Can a Witness Be Recalled for Further Cross-Examination in a Criminal Trial? A witness may sometimes need to be recalled after their evidence has already been recorded. This can happen when an important question was inadvertently left out, a relevant issue subsequently emerges, or further cross-examination becomes necessary for a fair determination of the case. Under the Bharatiya Nagarik Suraksha Sanhita , 2023 (BNSS) , the court has statutory power to recall a witness for further examination in appropriate circumstances. In a Sessions trial, Section 254(3) expressly permits the Judge to recall a witness for further cross-examination.  Is further cross-examination automatically allowed? No. A witness recall application is not something that should be granted merely because a party wants another opportunity to question the witness. The court generally considers whether the proposed further examination is genuinely necessary for a just decision of the case. The Supreme Court...

  What Happens When an Accused Violates a Bail Condition in India? Being released on bail comes with an important responsibility: the accused must comply with the conditions imposed by the court. These conditions may relate to appearing before the court, cooperating with the investigation, not influencing witnesses, not tampering with evidence, not leaving the country without permission, or following other directions specifically included in the bail order. A violation of bail conditions does not necessarily have the same consequence in every case. The nature of the breach, the wording of the bail order, the surrounding circumstances and the explanation offered by the accused can all become relevant. What can happen after an alleged breach? If the prosecution alleges that the accused has breached a bail condition, it may seek appropriate relief from the competent court, including cancellation of bail . The Supreme Court has recently passed bail orders expressly providing that brea...

  Can Bail Conditions Be Modified After Bail Has Already Been Granted in India? Getting bail does not always mean that every condition attached to the bail order will remain practical in every situation. If an accused is unable to comply with a particular condition because of changed circumstances or genuine practical difficulties, the person may seek appropriate modification, relaxation or setting aside of that condition, depending on the court and the nature of the order. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) , Section 483 specifically empowers the High Court or Court of Session to direct that a condition imposed by a Magistrate while granting bail be set aside or modified .  When can modification of bail conditions be requested? A request for changing bail conditions may arise in situations such as: a condition has become practically difficult to comply with; there has been a genuine change in circumstances; the accused is required to travel for employm...

  Can an Accused Obtain Certified Copies of Orders Passed in a Criminal Case? Yes. An accused can generally seek certified copies of orders passed in a criminal case . An official copy may be required to understand the court’s directions, comply with an order, challenge it before a higher court, prepare a bail or revision application, or maintain an accurate record of the proceedings. The exact procedure can vary according to the court and applicable copying rules, but the basic process is usually straightforward. What is a certified copy? A certified copy is an officially authenticated copy issued through the court’s prescribed copying mechanism. It is different from simply downloading an order from the internet. The eCourts system allows users to search criminal cases and view available case history and orders. Cases can be searched using details such as the case number, party name, filing number or FIR number.  Where a formal certified copy is required, the appropriate copy...