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criminal law


Scope of interference under Aet 226 for FIR quashing

SCOPE OF INTERFERENCE UNDER ARTICLE 226 OF THE CONSTITUTION: The power of quashing the criminal proceedings has to be exercised very sparingly and with circumspection and that too in the rarest of rare cases and the Court cannot be justified in e..

Posted in articles |   1941 Views


quashing of FIR because of cross cases

In the case of Jagdish Yadav Vs. Ram Nandan Yadav & Ors., 1990 SCC (Crl.) 648, it was observed that simply due to lodging of a cross-case the investigation ought not to have been interfered with by the High Court. As in view of the fact that the two cases related to the same incident it was open to the Magistrate after the two reports came to be placed before him to consider ..

Posted in articles |   4128 Views


Advocates’ Liability For Negligence In Criminal Cases

 The Fallouts span class="Apple-style-span" style="font-family: 'times new roman'; font-size: 16px; -webkit-border-horizontal-spacing: 3px; -webkit-border-vertical-spacing: 3px; ..

Posted in articles |   2595 Views


Indian Bail system

 Objectively analyzed the criminal jurisprudence adopted by India is a mere reflection of the Victorian legacy left behind by the Britishe..

Posted in articles |   3697 Views


Judicial Trend on Bail -an overview

 An overview of the following cases highlight the adverse condition of the poor with regard to the unjust bail system in India. In f..

Posted in articles |   2350 Views


Conviction for offence for which charge was not framed

Conviction for offence for which charge was not framed ..

Posted in articles |   1135 Views


Whether Female Foeticide is Justied or not?

 These unscrupulous murders of female or girls is justified on two grounds. First, it reduces the population and second is that the poor parents will be saved from the expenses which they would have to incur in the marriage of ..

Posted in articles |   997 Views


Evidence of defense at the stage of charge

The expression "the record of the case" is used in S. 227 of the Code. Though the word "case" is not defined in the Code but S. 209 throws light on the interpretation to be placed on the word. Section 209 which de..

Posted in articles |   1325 Views


What is 'Rape'

 Is ‘Rape’ merely a word described in section 375 of the Indian Penal Code, 1860, to be interpreted stricto senso? Or is it a psychological p..

Posted in articles |   1110 Views


What is RAPE ? an offence under Indian Penal Code

 According to the Indian Penal Code, 1860, a man is said to have committed `rape’ when he has had sexual intercourse with a woman under these conditions : p style="font-family: arial, verdana; text-decoration: none; fon..

Posted in articles |   4825 Views


Guidelines to be followed during trial of rape cases

The Supreme..

Posted in articles |   1622 Views


Prostitution And Trafficking

 Many women are forced into prostitution either by their parents, husbands or boyfriends -- or as a result of the difficult economic and social conditions in which they find themselves. They are also lured into prostitution, so..

Posted in articles |   1017 Views


Juvenile Justice Act In India

 Juvenile Justice in Indiaspan class="Apple-style-span" style="border-collapse: collapse; fo..

Posted in articles |   2822 Views


Different standard of evidence at different stages of trial

For summoning an additional accused an order under Section 319 of the Criminal Procedure Code should not be passed only because the first informant or one of the witnesses seeks to implicate other person(s). Sufficient and cogent reasons are required to be ass..

Posted in articles |   1137 Views


Protest petition - a practice, not statutory rule

 There is no provision in the Code to file a protest petition by the informant who lodged the first information report. But this has been the practice. Absence of a provision in the Code relating to filing of a protest petition has been considered. This Court in Bhagwant Singh v. Commissioner of Police and Another (AIR 1985 SC 1285), stressed on the ..

Posted in articles |   3308 Views


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