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criminal law


Role of public prosecutor in criminal administration of justice

In organized societies, there is a public prosecution system to prosecute offenders who violate societal norms. The system in common law countries differs from that in the continental countries, but in both, this office is a centre of attraction, a power centre. It wields a lot of authority. It is the repository of the public power to initiate and withdraw prosecution..

Posted in articles |   3 comments |   7234 Views


Child Sexual Abuse: Efficacy of Protection vis-a-vis Prosecution under Criminal Justice System

Introduction   Children are innocent and helpless and therefore they need proper care and protection during the growing years so that their full potential can be utilised for the development of the society. They are the architects of the future ..

Posted in articles |   6 comments |   2058 Views


Evidence of prosecutrix in rape cases

I came across a 4-part dissertation on factors used by courts as a guide to evaluate evidence of the prosecutrix in rape cases.  It is authored by the Honorable Justice U.L.Bhat, former Chief Justice of Gauhati and Madhya Pradesh High Courts. It is important we first read and understand the guiding principles in the numerous appellate cou..

Posted in articles |   1 comments |   2236 Views


The Section 313 CrPC - An epitome of fairness but missed by trial courts

The section 313 CrPC reads as under   313. Power to examine the accused.   (1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appe..

Posted in articles |   9 comments |   11013 Views


A Critical Analysis on Hostile Witnesses

INTRODUCTION   A Criminal case is build upon the edifice of evidence that is admissible in law. For that witnesses are required. It is submitted that justice must not only be done but must be seen to be done. Free and fair trial is the very foundation of criminal..

Posted in articles |   1 comments |   12247 Views


An overview of a Rape Trial

We all know recently the rape incident happened in Delhi which had shaken the conscience of the whole nation yes the Nirbhaya case which outraged the people and the society as a whole and which directed the legislature to look into the laws related to sexual offences.   ..

Posted in articles |   1 comments |   1823 Views


Prison Administration in India

The Prison system was old punitive and deterrent penal system used by the Indian administrators i.e. kings in the ancient days and the medieval days. In the ancient the religious books tells us that how the parents of the Hindu Iconic God Krishna were arbitrarily imprisoned by King kansa. In medieval History the imprisonments of the various Sikh Gurus and Chatrapati S..

Posted in articles |   3 comments |   4718 Views


Anyone for banning Capital Punishment?

Hamlet, once again To ‘kill’ or not to ‘kill’, that is the question   span lang="..

Posted in articles |   4 comments |   1467 Views


The Criminal Court of Vijo jails footballer

The Criminal Court of Vigo, Spain, sent a football player to jail for 4 months and fined him Euros 1,210/- for something the footballer did during a game. And it was not for match-fixing or doping. It was for playing rough football. But then, isn’t football a rough and tough game?   ..

Posted in articles |   6 comments |   1202 Views


Legal Aspects of Disruptive/Unruly Passenger in International Civil Aviation

What happens if a passenger on board an aircraft misbehaves or becomes unruly while the Flight is in progress? The misbehavior may manifest in many forms. It may be by shouting at or threatening the Crew or Fellow passengers or making inappropriate gestures to lady passengers. Some may try to cause damage to aircraft floor, windows, Doors or Seats.  When nor..

Posted in articles |   2 comments |   3059 Views


To Handcuff or not - Dilemma before Police

The persons arrested by Law-enforcement Agencies and the Prisoners requiring to be produced before a Court, routinely require to be secured during transit. The arrest could be either in pursuance of a Warrant issued by Court or without a warrant in appropriate cases. In India, the basic law for arrest is laid down in Chapter V of The Code of Criminal Pr..

Posted in articles |   11 comments |   6368 Views


Cheque Bounce Law : Incorrect Interpretation by courts?

The Presumption under Section 139 of Negotiable Instrument Act: The Law   S.139   It shall be presumed, unless the Contrary i..

Posted in articles |   20 comments |   183094 Views


Is the Criminal (Amendment) Act, 2013 - The Right Weapon to fight against Rape?

1. INTRODUCTION   A product of the aftermath of the brutal ‘Delhi Gang Rape’ of 16th December 2013 that shook the nation, the Criminal (Amendment) Act..

Posted in articles |   1 comments |   4616 Views


Suggestions to improve Investigation, Prosecution and Judiciary

I would like to start this subject with respectfully citing the recent Judgment of Hon’ble Supreme Court in CRIMINAL APPEAL NO. 1485 OF 2008 State of Gujarat  Versus Kishanbhai Etc on 7-01-14. This Judgement was described as a jolt to Gujarat Investigation and prosecution, more particularly media questioned up on governance by this judgment. But after ..

Posted in articles |   10 comments |   4283 Views


Victim Participation

VICTIM PARTICIPATION-  INCRIMINAL JUSTICE SYSTEM                                    ..

Posted in articles |   2 comments |   2995 Views


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