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Criminal Law Articles


Evidence of defense at the stage of charge

  Swami Sadashiva Brahmendra Sar   29 May 2009 at 00:03

The expression "the record of the case" is used in S. 227 of the Code. Though the word "case" is not defined in the Code but S. 209 throws light on the interpretation to be placed on the word. Section 209 which deals with the comm ..


Posted in Criminal Law |   1538 Views


What is 'Rape'

  G. ARAVINTHAN   28 May 2009 at 15:51

Is ‘Rape’ merely a word described in section 375 of the Indian Penal Code, 1860, to be interpreted stricto senso? Or is it a psychological phenomenon to be understood and dealt with, with more empathy and less legality? What is the scope ..


Posted in Criminal Law |   1400 Views


What is RAPE ? an offence under Indian Penal Code

  G. ARAVINTHAN   28 May 2009 at 15:51

According to the Indian Penal Code, 1860, a man is said to have committed `rape’ when he has had sexual intercourse with a woman under these conditions :a. Against her will b. With her consent when her consent has been obtained by putting her ..


Posted in Criminal Law |   5075 Views


Guidelines to be followed during trial of rape cases

  G. ARAVINTHAN   27 May 2009 at 10:37

The Supreme Court has laid down the following guidelines for the trial of rape cases:1.The complaints of sexual assault cases should be provided with legal representation. Such a person should be well acquainted. The Advocates role should not merely ..


Posted in Criminal Law |   1832 Views


Prostitution And Trafficking

  G. ARAVINTHAN   27 May 2009 at 10:37

Many women are forced into prostitution either by their parents, husbands or boyfriends -- or as a result of the difficult economic and social conditions in which they find themselves. They are also lured into prostitution, sometimes by "mail-o ..


Posted in Criminal Law |   1220 Views


Juvenile Justice Act In India

  G. ARAVINTHAN   26 May 2009 at 10:38

Juvenile Justice in IndiaIt was stated that as long as children are allowed to suffer there is no true love in the world. The minors were exempted from the punishments and the fines because there had to be a difference in the level of understanding ..


Posted in Criminal Law |   3345 Views


Different standard of evidence at different stages of trial

  Swami Sadashiva Brahmendra Sar   24 May 2009 at 18:24

For summoning an additional accused an order under Section 319 of the Criminal Procedure Code should not be passed only because the first informant or one of the witnesses seeks to implicate other person(s). Sufficient and cogent reasons are required ..


Posted in Criminal Law |   1325 Views


Protest petition - a practice, not statutory rule

  Swami Sadashiva Brahmendra Sar   22 May 2009 at 19:49

There is no provision in the Code to file a protest petition by theinformant who lodged the first information report. But this has been thepractice. Absence of a provision in the Code relating to filing of a protestpetition has been considered. This ..


Posted in Criminal Law |   3684 Views


Final report and charge sheet

  Swami Sadashiva Brahmendra Sar   22 May 2009 at 19:49

In Abhinandan Jha and Another v. Dinesh Mishra (AIR 1968 SC117), the Supreme Court while considering the provisions of Sections 156(3), 169,178 and 190 of the Code held that there is no power, expressly or impliedlyconferred, under the Code, on a Mag ..


Posted in Criminal Law |   3921 Views


Investigation by unauthorised officer

  Swami Sadashiva Brahmendra Sar   22 May 2009 at 19:48

In Crl Appeal no 943/2003 State of MP v. Chunni lal decided on 15th April 2009 FIR was lodged under s. 376, IPC and s. 3, Section 3(1)(xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. since Post of Dy.SP was vacent ..


Posted in Criminal Law |   1529 Views