Court On Its Own Motion vs State

ik-105333510 Delhi High Court 23 December 2024 • 23 min read

Judges (2)

Amit Sharma Delivered Prathiba M. Singh Coram

Counsel (8)

Amit Peswani Counsel Respondent Anurag Ahluwalia Counsel Respondent Nandita Rao Counsel Respondent Puneet Mittal Counsel Amicus Rupendra Pratap Singh Counsel Amicus Sakshi Mendiratta Counsel Amicus Sammeer Vatts Counsel Amicus Tarveen Singh Nanda Counsel Respondent

Parties (1)

State Respondent

Case Significance

Court On Its Own Motion vs State is a Delhi High Court decision dated December 23, 2024 (citation: ik-105333510). A criminal reference was made to the Delhi High Court on the question of whether the proviso to Section 311A of the CrPC (requiring arrest for specimen signatures/handwriting) is constitutionally valid. The Court held that the proviso is directory, not mandatory, meaning a person who voluntarily appears need not be arrested, and therefore the proviso does not impose excessive restrictions on fundamental rights under Articles 14, 19, 20, 21, and 22. The bench comprised Justices Amit Sharma and Prathiba M. Singh. The judgment was delivered by Justice Amit Sharma.

Summary

A criminal reference was made to the Delhi High Court on the question of whether the proviso to Section 311A of the CrPC (requiring arrest for specimen signatures/handwriting) is constitutionally valid. The Court held that the proviso is directory, not mandatory, meaning a person who voluntarily appears need not be arrested, and therefore the proviso does not impose excessive restrictions on fundamental rights under Articles 14, 19, 20, 21, and 22.

What was the outcome of Court On Its Own Motion vs State?

A criminal reference was made to the Delhi High Court on the question of whether the proviso to Section 311A of the CrPC (requiring arrest for specimen signatures/handwriting) is constitutionally vali...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-105333510)