criminal law

Marital Rape:   ‘Laws on marital rape cannot be “suitably applied in the Indian context due to various factors like level of education/illiteracy, poverty, myriad social customs and values, religious beliefs, mindset of the society to treat the ma..

The necessity to grant anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false case for the purpose of disgracing them or for other purpose by getting them detained in Jail for some days to get their work done indirectly.  In recent times since the rise of property prices and many civil case coming up by t..

GOOD FAITH WINS OVER PUBLIC DEMAND   This case is with regard to criminal misappropriation which has been enumerated in section 403 of Indian Penal Code, 1860. A serious question regarding the capability of the High Court to pass an order with reference to sectio..

For ascertaining an offence, we need two ingredients i.e. Actus reus and Mens rea and essentially need a person to commit it. This person either be a natural person or be a legal person.  It is not an issue at all when the offence committed by a natural person, because, he committed the offence on his own or with abetment of someone, hence for punishing him,..

'SWARNIM SANKALP' of Zero Pendency in Criminal Cases   I shall introduce my subject with by reiterating prologue..The injunction of our ancient jurist Kautilya. p style="margin: 0px; color: rgb(51, 51, 51); font-family: 'Lucida Grande', Ver..

Yes this is how the principle is enshrined in the constitution of India and Article 21 of the constitution of India enshrines this principle as “Right to Life”. But can we say that this principle is being followed in the courts of law and the accused persons who are languishing under trails in jails on the basis of false allegations and getting the mo..

This section banned all sorts of unnatural sexual activities. Campaign is going on to abolish this section totally. Before doing that the honorable Supreme Court must pay attention to the following points:   Unnatural sexual activities have a very long list. They include:..

What is FIR or First Information Report?   An FIR / First Information Report is a report of a crime filed with the police to record and initiate the investigation process. However, an FIR cannot be registered for all crimes, and so it is important for one to know..

Sec 138 Negotiable Instruments Act, 1881    Procedure to Serve Notice:   p style="text-align: j..

Why we fail in the court of law   We come across this maxim everyday which is famously known as “ubi jus ibi remedium”. But do we really get the effective remedy and that to on time. I feel we all know the answer, because these days going to court is like entering into a fixed depo..

Understanding 498a cruelty   498a envisaged in Indian penal code, it is called as legal terrorism, most of the married men in India are facing false cases and spending lot of time in litigation and lot of harassment, the main soul of this section is cruelty, the word cruelty is interpreted b..

“Rape is still rape regardless of relationship between victim and rapist.”   According to Indian law, marital rape is considered to be an exception to the offence of ‘Rape’ under Section 375 of Indian Penal Code if age of wife is above 15 ..

That government has recently passed the second ordinance after to curb the difficulty of large number of pending Check bounce matters. As interestingly the action was to benefit the complainant but might come as a downblow which many trial intelligentsia are already discussing as pointed below:   p style="text-al..

Dear friends,       Rule of penology.          There were two headlines about Uphaar Talkies in the news papers. First says money 'Douses'..

IN Dashrath Rupsingh Rathod Versus State of Maharashtra & Anr. SUPREME COURT HELD AS :-   We clarify that the Complainant is statutorily bound to comply with Section 177 etc. of the CrPC and therefore the place or situates where the Section 138 Complaint is to be filed is not..