Indian legal system considers a person �innocent until proven guilty� and therefore the arrest of a person will be a violation of citizen�s fundamental right of Article 21 of Constitution �No person shall be deprived of his li
When an allegation of a cognizable case crops up against a person, for any genuine or other reason, before the police for necessary legal action, the Station House Officer (SHO) is duty bound to register the First Information Report (FIR). Thereon th
Malicious cases are on the increase. The educated and rich sections of society such cases are being used as an easy tool to bring someone down. One reason for this the emergence of many poorly drafted women laws enacted for the noble purpose of endin
The issue that this article discusses is whether registration of a First Information Report (FIR) against an accused needs to be followed by his/her imminent arrest.Nowadays, when an allegation of committing a cognizable offence comes up against a pe
The penultimate stage of criminal proceedings is the examination of accused u/sec.313 Criminal Procedure Code which has become a farce like winking of an eye lid by a visually challenged person (with due apologies to them).
(a) While granting bail the Court has to keep in mind not only the nature of the accusations, but the severity of the punishment, if the accusation entails a conviction and the nature of evidence in support of the accusations.(b) Reasonable apprehens
State Vs. Azam @Rihan in Crl.L.P.No. 576 of 2016 has held that the victim is the best witness to depose the factum of rape and by whom it was committed and same has to be given utmost importance. Moving forward the Court has held that &ldqu
assment. Supreme Court of India: quashed the Rape Case observing that judicial proceedings cannot be allowed to be converted into an instrument of oppression or
When a patient of poisoning is brought to a Doctor, even though it is a medico-legal case, medical responsibilities of the doctor assume first importance i.e. saving the life of the patient. Legal duties always take a back seat in such instances. Rea
Child Sexual Abuse is a form of abuse or doing something wrong with malafide intention by an adult or adolescent for sexual stimulation with children.
Dated: 20th February, 2017: Bench of Three Judges headed by The Chief Justice: Supreme Court of India: If someone is involved in heinous offence of indiscriminate killing of innocents, then it is better he forgets his family ties.No parole or interi
Quashing of False FIR registered under 498A and 406 of the Indian Penal Code.
The Government can pass the detention order in PITNDPS, COPEFOSA etc on the basis of the secret information received and with the recorded reasons.
Invariably preventive detention laws provide that detention order may be executed at any place in India in any manner provided for the execution of warrants of arrest under the Cr. P.C. Further Article 22 of the Constitution is the relevant provision
Security For Good Behavior - CrPC
Existing procedure for disposal of property pending investigation need reconsideration
Useful SC and HC Judgments to help you to deny maintenance to a Qualified wife
Quash 498a - Vague allegations in FIR
Though this term is not referred in our legal system as much as the word intention or the knowledge is being referred. But this term is of great significance and plays an important role in respect of the offences wherein the officers of income tax or
Thought as a matter of constitutional jurisprudence, bail is considered as a rule and jail as an exception, but there are certain special laws wherein this principle of constitution is opposite and bails are considered as an exception. The reason b