To challenge someone’s election is a serious matter. The law is very stringent. If petition is not properly drafted and filed in a hurry, it can be thrown out.

Once such a petition is filed to challenge Election on ground of Corrupt Practice, can this petition be modified, changed or amended at later stage.

Two Judges in Supreme Court has differed. One Judge says, yes it can be done. Other Judge says, No, it cannot be done.

The law will now have to be settled by a larger bench of Supreme Court

Ref: 2012. (5) Scale 90

Haresh Raichura
18/6/2012

In villages, sometimes aggressor party gets kille and real victim who tried to save himself is prosecuted as murderer.

In such a case, only defending oneself in trial is not enough. Sec.96 to 98 and 100 to 106 of IPC apply.

It is duty of accused to bring on record evidence to justify Private Defence, 1) By giving deposition on oath 2) Or through cross-examination of witnesses.

2012(5) SCALE 52 on page 57 para 13 Arjun’s Case

Haresh Raichura
18/6/2012