Advocate Satish Sharma

A common point of confusion in Indian criminal litigation is whether a court can review or alter its decision once a final judgment has been pronounced and signed. While civil courts enjoy broad powers of review under the Code of Civil Procedure (CPC), criminal courts in India operate under a strict statutory bar . Here is a breakdown of the legal framework, key provisions under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 , and the crucial judicial exceptions every law student and practitioner should know. 1. The Statutory Bar: Section 403 BNSS (Section 362 CrPC) The core statutory bar preventing a criminal court from altering its final decision is codified under Section 403 of the BNSS, 2023 (corresponding to Section 362 of the CrPC, 1973 ). Section 403, BNSS 2023: "Save as otherwise provided by this Sanhita or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or r...

  Introduction The sealed cover procedure has evolved as a vital administrative mechanism in Indian service jurisprudence, designed to balance the competing interests of ensuring clean administration while protecting employees from career prejudice based on unproven allegations. However, a distinct and equally critical issue arises when this procedure intersects with another fundamental requirement of service law: the availability and communication of Annual Confidential Reports (ACRs) or Annual Performance Appraisal Reports (APARs). This article examines the complex interplay between sealed cover procedure and absent or uncommunicated annual entries, an issue that has significant implications for the career progression of government servants. The Sealed Cover Doctrine: A Brief Overview The sealed cover procedure permits the question of promotion to be kept in abeyance pending the outcome of disciplinary inquiry or criminal prosecution against an employee. First adopted through ...

One of the most commonly misunderstood principles in Indian service law and criminal jurisprudence is the assumption that an acquittal or exoneration in departmental proceedings automatically immunises an individual from criminal prosecution. This assumption is legally untenable and has been consistently repudiated by the Supreme Court of India. The Distinction Between Departmental and Criminal Proceedings Departmental proceedings and criminal proceedings are fundamentally distinct in nature, purpose, and legal standards. Departmental proceedings are administrative in character. They are initiated by an employer — typically the State or a public authority — to determine whether an employee is guilty of misconduct warranting disciplinary action such as dismissal, reduction in rank, or censure. The standard of proof applicable in such proceedings is the preponderance of probabilities — a considerably lower threshold than what is required in a criminal court. Criminal proceedings, on t...

In criminal trials, evidence forms the backbone of justice. Among various types of witnesses, a child witness often presents the most delicate situation — a blend of truth’s innocence and vulnerability’s uncertainty. Indian courts have consistently grappled with how to appreciate and evaluate the testimony of a child, balancing sensitivity with skepticism to ensure that justice is served without prejudice. Who is a Child Witness? The Indian Evidence Act, 1872, does not define a “child witness”. However, Section 118 lays down that all persons shall be competent to testify unless the court considers them incapable of understanding questions or giving rational answers due to tender age, extreme old age, disease, or any other cause. In simple terms, a child of any age can be a witness — so long as the court, after due examination, finds that the child possesses sufficient intelligence and understands the duty to speak the truth . Judicial Approach and Key Principles The appreciation...

 The courtesy of pass over or adjournment granted to counsel in Indian courts is a discretionary accommodation, not an absolute right. Misinterpreting this courtesy as a right undermines judicial efficiency and can cause delays and injustice in proceedings. livelaw +2 ​ Role of Passover and Adjournment Passovers and adjournments are provided to counsel to address scheduling clashes or genuine exigencies. Courts may extend these courtesies to ensure fair representation, but they expect counsel to manage their diaries responsibly and avoid unnecessary delays for the opposing party. The absence of clear legislation controlling this tendency has made pass over and adjournments susceptible to misuse. timesofindia.indiatimes +2 ​ Judicial Perspective and Cautions Recently, the Delhi High Court clarified that these accommodations are not matters of right but privilege, subject to judicial discretion. Abuse by seeking repeated adjournments or producing false reasons for passover is fro...

Trying to explain reservation in India’s government jobs is like explaining the quirks of Bollywood—everyone thinks they know the plot, but the climax always takes a constitutional twist. If you’re worried about missing your next promotion because someone beat you by a “reservation point,” grab a cup of chai—this is your comic-yet-legal breakdown. wikipedia +1 The Legal Backstage Pass Let’s get to the heart of the show—India’s Constitution! Article 16(4) gives the State the backstage pass to reserve appointments for “backward classes” that aren’t properly represented in government jobs. Imagine the HR department getting a mandate from BR Ambedkar: “Keep those seats warm for the underrepresented folks—or else!” And no, reservation isn’t like free Wi-Fi — it has limits, serious legal checks, and, most heartbreakingly for die-hard exam crammers, no infinite retries. drishtiias +1 Key Numbers: SCs: 15% reserved STs: 7.5% reserved OBCs: 27% reserved in direct recruitment (unless...