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criminal law


Furlough Cannot Be Denied To Life Imprisonment Convict: SC

A bench of Justice Dinesh Maheshwari and Justice Aniruddha Bose observed in Atbir v State of NCT of Delhi that furlough could not be refused to the convict who has been sentenced to imprisonment for the whole of his natural life without remission and such a prisoner cannot be denied the right that he exuded from good conduct in prison.  ..

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Significance of Police Clearance Certificate (PCC) in pending Accident Case

A Police Clearance Certificate (PCC) is an official document issued by the Indian Police or government authority in India. It acknowledges any criminal records that an individual may have against their name and, if such records are clear, it issues a clearance certificate, which may be required for Indian or foreign citizens who are currently or have resided in India for the following reasons:..

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Recovery Based Disclosure Statement Made Another Crime: SC Acquits Accused In Murder Case

In a major development with far reaching consequences, the Apex Court has in a recent, robust, rational and refreshing judgment titled Rakesh Rai @Vishal Rai @Purna Rai & Anr vs State of Sikkim in Criminal Appeal No. 172 of 2018 that was delivered finally on December 9, 2021, has opined that recovery under Section 27 of the Evidence Act would not be admissible i..

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Unnatural Sex with Female has been classified as rape under Sec 377 IPC

Unnatural Offence is an act or behaviour to commit a crime that is contrary to what is considered a natural offence. Section 377 of the IPC deals with the unnatural offences that state that "whoever voluntarily has carnal intercourse against the order of nature with any woman, man, or animal, shall be punished with life imprisonment or with the imprisonment of ..

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SC: Claim Juvenility Can Raised Before Any Court, At Any Stage, Even After Final Disposal Of Case

It is really good to see that in a learned, laudable, landmark and latest judgment titled Ashok vs The State of Madhya Pradesh in Special Leave to Appeal (Crl.) No(s). 643/2020 (Arising out of impugned final judgment and order dated 14-11-2017 in CRA No. 455/1999 passed by the High Court Of M.P. at Gwalior) that was delivered finally on November 29, 2021, the Apex C..

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Very Fact That Victim Used To Video Call Accused In Early Morning Shows Her Consent: Karnataka HC

While striking the right chord, we saw how just recently on November 19, 2021, the Dharwad Bench of Karnataka High Court in a learned, laudable, landmark and latest judgment titled Basanagouda @ Basavaraj v State of Karnataka in Criminal Petition No. 102000/2021 has granted bail to a rape accused noting that the victim, a married woman herself, used to make video ca..

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Low Age Of Rape Victim Not Considered As Only Or Sufficient Factor To Impose Death Sentence SC

In a very significant development pertaining to imposition of death penalty, the Apex Court has in an extremely commendable, cogent, courageous, composed and convincing judgment titled Irappa Siddappa Murgannavar vs State of Karnataka in Criminal Appeal Nos. 1473-1474 of 2017 laid down in no uncertain terms that the low age of the rape victim is not considered as th..

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Rape Against Men By Women - No Neutral Law In India

Rape is the fourth most serious crime in India and a serious problem worldwide. It is generally a crime committed by men against women, but have we ever thought about it vice-versa? Historically, Rape was regarded as a crime committed by only men against women, but over time,it has been observed that members of other genders, such as men and transgender communities,..

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Do Terrorists Deserve Remedy of Mercy Petition

How Long Will Mercy Petition Drama For Terrorists Continue ? At the outset, let me begin by asking: Do terrorists deserve mercy? Are terrorists ordinary criminals that they can claim mercy petition as of birthright? Are the human rights of terrorists more important or an ordinary citizen whom they kill indiscriminately? ..

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What Parallel between Victimology and Criminology

Often, society is willing to allow criminals to obtain leniency for their crimes, which can result in the existence of a person. Even though the offender was not influenced by his environment to commit the crime, the offender is liable to adopt the personality of the victim in order to gain sympathy. This is often successful because when more affluent people are in ..

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21 Latest Landmark Criminal Law Judgements

Introduction Criminal law is a discipline of law which deals with crimes or offences and their punishments. Most of the criminal law is codified in India and is established by statues and presidents. Objectives of criminal law can be narrowed down into retribution, deterrence, incapacitation, rehabilitation, and restoration. ..

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Hardships Of Being A Woman In India: Man Stabs Wife 25 Times In Broad Daylight In Delhi

KEY TAKEAWAYS Bystander Effect Diffusion Effect Section 43 of CR.P.C h2 style="text-align..

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DOUBLE JEOPARDY.

INTRODUCTION SECTION 403 Cr. P.C is based on the ancient maxim "NEMO DEBTS BIS UEXARI PROEADEM CAUSA" (no person should be twice disturbed for the same cause). p style="text-alig..

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First Woman To Be Hanged In Independent India

KEY TAKEAWAYS First time in the history of independent India a woman will be hanged at Mathura jail. Shabnam Ali, aged 38, was convicted for the murder of seven members of her family – m..

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First Woman To Be Hanged Till Death In Independent India

OVERVIEW Preparations have started at the Mathura district jail to hang Shabnam Ali who was convicted of killing seven members of her family, by serving them milk laced with sedatives and then slitting her throats. When she slaughtered her family, she was seven weeks pregnant with her lo..

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