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Criminal Law Articles


What is RAPE ? an offence under Indian Penal Code

  G. ARAVINTHAN   28 May 2009 at 15:51

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 :a. Against her will b. With her consent when her consent has been obtained by putting her ..


Posted in Criminal Law |   5034 Views


Guidelines to be followed during trial of rape cases

  G. ARAVINTHAN   27 May 2009 at 10:37

The Supreme Court has laid down the following guidelines for the trial of rape cases:1.The complaints of sexual assault cases should be provided with legal representation. Such a person should be well acquainted. The Advocates role should not merely ..


Posted in Criminal Law |   1781 Views


Prostitution And Trafficking

  G. ARAVINTHAN   27 May 2009 at 10:37

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, sometimes by "mail-o ..


Posted in Criminal Law |   1144 Views


Juvenile Justice Act In India

  G. ARAVINTHAN   26 May 2009 at 10:38

Juvenile Justice in IndiaIt was stated that as long as children are allowed to suffer there is no true love in the world. The minors were exempted from the punishments and the fines because there had to be a difference in the level of understanding ..


Posted in Criminal Law |   3250 Views


Different standard of evidence at different stages of trial

  Swami Sadashiva Brahmendra Sar   24 May 2009 at 18:24

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 ..


Posted in Criminal Law |   1291 Views


Protest petition - a practice, not statutory rule

  Swami Sadashiva Brahmendra Sar   22 May 2009 at 19:49

There is no provision in the Code to file a protest petition by theinformant who lodged the first information report. But this has been thepractice. Absence of a provision in the Code relating to filing of a protestpetition has been considered. This ..


Posted in Criminal Law |   3614 Views


Final report and charge sheet

  Swami Sadashiva Brahmendra Sar   22 May 2009 at 19:49

In Abhinandan Jha and Another v. Dinesh Mishra (AIR 1968 SC117), 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 impliedlyconferred, under the Code, on a Mag ..


Posted in Criminal Law |   3799 Views


Investigation by unauthorised officer

  Swami Sadashiva Brahmendra Sar   22 May 2009 at 19:48

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.SP was vacent ..


Posted in Criminal Law |   1459 Views


Remand of accused on change of investigating agency

  Swami Sadashiva Brahmendra Sar   20 May 2009 at 15:13

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 ? In Mithabhai pashabhai patel v. State of Gujrat (Crl. Appeal no 941 of 2009) ..


Posted in Criminal Law |   2255 Views


Fraud/cheating - simultanious civil and criminal case

  Swami Sadashiva Brahmendra Sar   19 May 2009 at 16:49

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 a ..


Posted in Criminal Law |   6484 Views