criminal law

What purpose the prosecution would achieve by sending an accused in custody is an important point to be considered. Simply because an individual is alleged to have been involved in some serious crime, does not necessarily justify accused to be send to custody, unless there are compelling factors which ..

Did You Know That Getting A Bail Is Amongst The Most Difficult Challenges For A Criminal Lawyer? Before I tell you, what are the crucial factors which the court considers while granting or dismissing a bail application, let me give you a theoretical background on the laws of bail. ..

What Are The Steps To Take If Police Does Not Register A FIR On Your Complaint? Are You Sick Of Police Not Taking Action On Your Complaint? stron..

As per the National Crime Records Bureau, India's Court conviction rate stands at 46.9%. This average has been arrived at after an analysis of a spectrum of offences including but not limited to sexual offences and socio-economic offences amongst others. It is pertinent to mention that all these offences have been considered in toto and have not been bifurcated wi..

FIRST INFORMATION REPORT Introduction: A First Information Report (F.I.R) is a written document which contains information about the commission of a cognisable or non-cognisable offence and is prepared by the police. Generally, it is a complaint lodged by the vi..

What “taking cognizance” means What is meant by 'taking cognizance' in regard to an offence by a competent Magistrate is not defined or described in the Code of Criminal Procedure, 1973 (CrPC) or any other act. However the term has acquired a definite connotation through well settled judicial pr..

Section 124A of the Indian Penal Code, 1860 defines ‘Sedition’ as follows:  Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, 102 [***] the Go..

Ubi jus ibi remedium means 'where there is a right there is a remedy' clearly justifies the essence of the intention of the legislature. In recent days, people use their right as a weapon to get their malafide intention accomplish. These days, every second person is surrounded by a greed of money and to get over it uses t..

Introduction: Who are Trolls and what is trolling? Trolls are people in disguise all around the internet. Trolling is done intentionally by people just for fun without a reason which can be troublesome for others. Is trolling punishable? p style="t..

Search and seizure of documents or material objects is indispensable during investigation and prosecution of crime. The Station House Officer (SHO) or Investigation Officer is provided with powers to conduct fair and reasonable searches during the process of investigation, in the interest of justice. p style="text-align:jus..

The word adultery originates from the Latin word “adulterium”. Adultery is supposed to be a consensual sexual act between a married person and another person with an irrelevant marital status. It is prohibited by almost all religious groups, cultures and is considered as inexcusable on the basis of morality as well. p style="text-align: justify;"..

What the cross examination is Cross examination is the examination of a witness in a legal proceeding by the adverse party. It takes place after examination-in-chief: the examination of a witness by the party who calls him. Cross examination is followed by re-examination: ..

The DNA Fingerprinting technology is one of the foremost and most sought technologies used in developed nations for identification of culprits through their respective unique DNA patterns. DNA as an evidence is key to justice delivery system in India. The conventional methods of investigation by the police are a passé being obsolete and unproductive. DNA prof..

In the historic judgement, Supreme Court on 6th September, 2018 scrapped the controversial Section 377 of Indian Penal Code, 1860, a 158-year-old colonial law on consensual homosexual sex. The Supreme Court reversed its own decision laid down on February 2016 and said Section 377 is irrational and arbitrary. “377. Unnatural offences—Whoever voluntarily h..

The Child Sexual Abuse has been a hidden problem in India. The Laws for the prevention of child abuse have strong provisions but weak implementation due to which these are largely ignored in public discourse. In Indian society, like most societies across the world, the parents consider their children as their property and assume a freedom to treat them as they ..