Non-Compliance With S.279, 281 CrPC Only An Irregularity But That Is Not Permission To Violate It

Case: K.B. Rasheed v. State of Kerala

Coram: Justice PG Ajithkumar

Case No.: CRL.A NO. 317 OF 2008

Court Observation: “Non-observance of Section 279(1), 279(2) or 281(4) of the Code may be an irregularity only, but that is not a permission to violate it.”

“The non-compliance with Sections 279(1) or 281(4) of the Code is an irregularity. Unless prejudice is caused to the accused, that irregularity will not vitiate the trial altogether.”

“In the absence of certification or a statement of PW1 (police officer) in court that the appellant was communicated in Kannada about his right under Section 50 of the NDPS Act, it can only be said that there occurred non-compliance with the provisions of Section 50.”

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