criminal law

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..

 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 ..

In Abhinandan Jha and Another v. Dinesh Mishra (AIR 1968 SC 117), the Supreme Court while considering the provisions of Sections 156(3), 169,178 and 190 of the Code held that there is no power, expressly or impliedly conferred, under the Code, on a Magistrate to call upon the police to submit a charge sheet, when they have sent a report under Section 169 of the Code..

In Crl Appeal no 943/2003 State of MP v. Chunni lal decided on 15th April 2009 FIR was lodged under s. 376, IPC and s. 3, Section 3(1)(xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. since Post of Dy...

Whether with the change of an investigating authority, police custody of the accused on remand can be sought for, although cognizance of theoffence had already been taken ? p class="MsoNormal" style="margin: 0..

 We are frequently consulted for quashment of criminal proceedings on the ground that a civil proceeding for same cause of action is already pending. This hapens often in matters relating to transfer of property and money transactions. the question arises as to whether a pure civil disp..

  PROMOTE DOMESTIC AND FAMILY HARMONY DISCOURAGE MISUSE OF FORM AND PROTECTION LAWS SAVE INDIAN FAMILY   Woman protection (gender-biased) laws in India are being grossly misused causing the drastic increase in matrimonial and domest..

Section 304B of the Penal Code has the following ingredients:   &nbs..

The Supreme Court on 6 may,2009 held that a girlfriend is not relative, therefore she can't be prosecuted for dowry or cruelty u/s 498-A, IPC In criminal Appeal no.938/2009,U Suvetha v. State, the supreme court had occasion to consider as to whether  the term "relative of husband of a woman" within ..

Almost everyone knows someone has been a Victim. But, there’s still an attitude that somehow it always happens to “the other guy”. But, what if you are the “other guy”? All across India, the fastest growing White Collar Crime in the nation has been identified as Identity Theft- and its affecting each one of us in insidious ways. We have all heard of the problem, but only few have recognized th..

To constitute an offence under s. 138 of NI Act, following ingredients must be fulfilled : cheque should have been issued ..

in Tan Rui Leen Russell v Public Prosecutor [2009] SGHC 102 ,  decided on 27th april 2009, the singapore high court held that  "fon..

Whether return of a cheque by the bank on the ground that it was reported lost by the drawer would attract the penal provisions contained in Section 138 of the Negotiable Instruments Act, 1881 (for shor..

  in Hari Ram vs State of Rajasthan a..

Crime Scene Management by Forensic Experts   - Dr. B.K. Mohapatra, Dr. Kamal Chauhan  U.S. Thakur & Alka Anand          ..