cpc

criminal law


Bail or conviction under dowry death

Dowry death, a social crime, where by wife was subjected to cruelty or harassment by her husband or his relative for demand of dowry and ultimately led to her death, within a period of seven years of marriage. As per Section 2 of the Dowry Prohibition Act,1961 which says that dowry is any property or valuable security directly or indirectly agreed to be given by- (a..

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Testimony of a Related Witness is Reliable in Evidence

The testimony of a related witness, if it is found to be truthful, can be relied on for conviction of the accused.   This is what a three judge bench of the Supreme Court (SC) held in Karulal v State of MP (Criminal appeal No 316 of 2011) while dismissing an appeal against the high court judgement in a murder case and upho..

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Need for Legalising Prostitution in India

Prostitution is a consensual sexual activity in exchange for remuneration between two consenting adults. The police and the people in India at large think that prostitution, particularly the one involving exchange of money, is a criminal activity. They act upon any incidence of prostitution and the prostitute in accordance with..

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PIL in Supreme Court seeks equal protection against sexual offences for transgender community

Contentions raised in the Petition: The PIL challenged the constitutional validity of certain clauses of Section 354A (outraging the modesty of woman) of IPC, to the extent that they are interpreted to exclude victims of sexual harassment who are transgender persons, as being ultra vires Articles 14, 15 and 21 of the ..

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Student Notes - IPC - Criminal Breach of Trust

Criminal Breach of Trust a) Introduction: The Indian Penal Code deals with the offence of Criminal Misappropriation of property under the category of "Criminal Breach of Trust..

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Student Notes - IPC - Criminal Misappropriation - Landmark Cases

 CRIMINAL MISAPPROPRIATION SECTION 403: DISHONEST MISAPPROPRIATION OF PROPERTY. The word misappropriation is defined under Section 403 of Indian Penal Co..

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The Legal Validity of Cloned/Hacked Data as Evidence under IEA and ITA

We live in a world where, for our amusement and necessity, we have converted several things into virtual form, but there are major thing which cannot partake physical things. We live in data-age, where data is propriety of the person and for all intents and purposes is his private property. <li style="text-align..

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Focus Areas and Considerations for Bail in POCSO Act

POCSO is a special act enacted with the objective to protect children from sexual assault and to ensure that the person accused of crime under the POCSO Act, should not get away with the accusations as easily&rsquo;, therefore section 30 was incorporated in the Act, which presumes culpable mental state of the accused unless rebutted in accordance with the law. ..

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Crime and it's elements

WHAT IS CRIME? &bull; Crime means a charge or offence. When an act is done or not done in accordance with the public law, it is said to be a crime. &bull; Crime is not just a wrong against an individual but it is a wrong committed against the society at large as it disturbs..

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No bail! Rhea annd Showik to remain in jail

TWO MORE WEEKS IN PRISON FOR TWO CHAKRABORTYS Court has rejected the bail, applied by both Rhea Chakraborty and her brother Showik Chakraborty Instead Bombay High Court extended the judicial custody for Chakraborty sibling. The duo to remain in jail for another two more weeks No end in sight for Rhea Chakroborty&rsquo;s problems for the momen..

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Sexual Abuse Cases of Children Reported Online

The number of child sexual abuse cases reported from March 2020 onwards on various platforms is as under: As reported by National Crime Records Bureau (NCRB), the total number of child pornography/rape and gang rape complaints lodged in the National Cybercrime Reporting Portal (NCRP) from 01.03.2020 t..

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Purpose and need of criminal procedure code

The essential object of criminal law is to protect society against criminals and lawbreakers. For this purpose the law holds out threats of punishments to prospective lawbreakers as well as attempts to make the actual offenders suffer the prescribed punishments for their crimes. Therefore criminal law, in its wide sense, consists of both the substantive criminal law..

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Contempt of Court

Contempt of court is any conduct that disrespect or disregard for interfering with or prejudice parties or with their witnesses during the litigation before the respective authority and administration of law. The Contempt of Courts Act, 1971 governs the contempt law in India. Then the judges of the court have the authority to pass sanctions such as sending the conte..

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Laws governing a Knife

According to the case reports published by different authors, it is an understanding that knives or arms, in general, have its origin in the process of human evolution, the invention of these arms were made by humans for the purpose of hunting and self-defence. Knives from a long time have been part of the country&rsquo;s culture it has been in the country in variou..

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Medical negligence and its Compensation

Medical negligence in India has increased tremendously in the past few years. In recent times, the Indian Society is experiencing a growing awareness regarding the patient&rsquo;s rights. Since the Consumer Protection Act, 1986, has come into force, patients are able to file legal cases against doctors, by establishing that they were negligent in providing medical s..

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