CASE ANALYSIS: THIRUMALI KUMAR V. STATE REPRESENTED BY S.I. OF POLICE
Keywords:
The Code of Criminal Procedure, Doctrine of Judicial Notice, Personal Knowledge of Judge, Arrest Warrant, Case AnalysisAbstract
The rule of evidence prohibiting judges from using their own ‘personal knowledge’ has been a well-established one by virtue of a catena of English judgements and precedents dating as far back as R v. Suttonii in 1816. This rule ties in with the Doctrine of Judicial notice as well. With this analysis, the author seeks to provide an insight into the rationale behind the judgement given by the Kerala High Court through a systematic and step-wise analysis. The conduct of a magistrate came under scrutiny by a higher court with regards to their use of a newspaper publication to issue an order- which had no bearing on the merits of the case- but arguably aided law enforcement authorities to bring the absconding before the Court. The question before the court was whether such conduct was to be appreciated or to be rejected and whether the information relied on even constituted as personal knowledge. The rationale of the High Court in this case has been discussed in further detail.
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