criminal law

Chief Justice K G Balakrishnan sought the legal fraternity to ensure equitable distribution of work to prevent flare ups like the one occurred in Chennai recently. ‘Violence occurred in Chennai because young lawyers are disgruntled due to lack of equitable distribution of work. The problem can be solved if the very legal profession, not the government, takes care of the youth,’ he observed whil..

The Chief Justice of India K G Balakrishnan has transferred the Boss music school case to a new bench of three judges headed by Justice B N Agarwal. Other judges on the bench are Justices G S Singhvi and H L Dattu. The new bench will hear on March 23 the contempt of court case initiated suo-motu against five members of the music school, namely Leila David, Annette Kotian, Pavithra Murali, Sa..

The Goa bench of Bombay High Court issued notice to Anjuna police station Inspector Ramesh Gaonkar in a contempt case against him for not taking action against British mother Fiona Mackeown for allegedly neglecting her teenaged daughter Scarlette Keeling, whose body was found under mysterious conditions on Anjuna beach last year. Justice C L Pangarkar issued the notice, which is returnable in ..

Narco analysis and the Constitution Shashwat Bajpai As science has outpaced the development of law or at least the laypersons understanding of it, there is unavoidable complexity regarding what can be admitted as evidence in court.[1] Narco analysis is one such scientific development that has become an increasingly, perhaps alarmingly, common term in India. It refers to a process of psychothera..

Dying Declaration;-Ambanna v/s State of Maharashtra – Supreme Court Judgment;- The Courts can rely on Dying Declaration– A person will be with fair and clean mind/heart and her feelings will be pure at the time of her death . Therefore the Court Will give due legal consideration to dying declaration . In rare cases only a person may lie on death bed , if they are influenced by other..

Two senior police officers of Chennai, whose suspension was ordered by the Madras High Court in connection with the police-lawyers clash on February 19, are likely to approach the Supreme Court on Monday. A three-judge bench, headed by Justice S J Mukhopadhay, of the High Court had ordered on March 18 the suspension of former Joint Commissioner M Rama Subramani (Chennai North) and Additional Co..

New Delhi: Seeking strict legal measures against corporal punishment to children, a prominent child rights body on Friday favoured amending Indian Penal Code (IPC) contending that certain provisions in the law protect adults who physically punish youngsters The National Commission for Protection of Child Rights (NCPCR) chairman Shantha Sinha said that Section 88 of the IPC gives protection to pa..

Founder of the popular Saravana Bhavan hotel chain P. Rajagopal was Thursday sentenced to life in a murder case by the Madras High Court that enhanced his 10-year rigorous imprisonment awarded by a trial court. The verdict was announced by a division bench comprising Justices P.K. Mishra and R. Banumathi, who convicted Rajagopal and six others for the 2001 murder. The court also increased his ..

NEW DELHI: Believing in the basic premise of justice and fairplay that every accused is entitled to the best defense, a Delhi lawyer says he is willing to fight for Ajmal Amir Kasab, the lone terrorist caught alive in the Mumbai attack. M. Shanwar Khan, who has successfully defended six people accused in terror-related cases, believes it is for the courts to decide whether a person is a terroris..

Amend IPC to make ragging a punishable offence: netizens New Delhi (PTI): With the brutal death of young medical student Aman Kachroo shocking the nation, a movement is gradually gaining momentum in cyberspace to make ragging a punishable offence under Indian Penal Code. An online petition hosted by stopragging.org, appealing to the Prime Minister to amend the IPC to make ragging an offence,..

Rape victim's statement is sufficient to nail accused: court New Delhi |Sunday, 2009 1:05:12 PM IST The statement of a rape victim is sufficient evidence to nail the accused, a city court has said in its order. Additional Sessions Judge Ravinder Dudeja said a rape victim's statement would be accepted while he sentenced a 19-year-old youth to seven years imprisonment for raping a woman..

The dying declaration of a person should normally be relied upon by courts as rarely does a person on his deathbed speaks falsehood, the Supreme Court has held. "The situation in which a person is on the deathbed is so solemn and serene, when he is dying that the grave position in which he is placed, is the reason in law to accept the veracity of his statement". "It is for this reason that..

New Delhi, Mar 10 (UNI) Being forced to acquit a alleged murderer due to lack of evidence, the Supreme Court has ruled that criminal justice system in the country would be at crossroads unless and until witnesses were given protection to enable them to depose freely against the mighty criminals, at least in heinous crimes. A bench comprising Justices Arijit Pasayat and Mukundkam Sharma, while up..

New Delhi, Mar 11 (UNI) The Union Government has decided not to implement in the near future the recent amendments in Criminal Procedure Code(CrPc) giving discretionary powers to a police officer not to arrest a person facing allegations on an offence having maximum sentence of up to seven years. Indications to this effect were given by Union Law Minister H R Bhardwaj on Monday during Holi Milan ..

The Supreme Court has held that an accused can be convicted even on deficient evidence as long as the same was credible and cogent. "It is the duty of court to separate grain from chaff. Where chaff can be separated from grain, it would be open to the court to convict an accused notwithstanding, the fact that evidence has been found to be deficient, or to be not wholly credible," a bench of J..