The Indian Penal Code, formerly known as the Draft Penal Code, (and currently every learned advocate�s bible,) which is a fairly comprehensive, substantive code listing out wrongs which amount to offences in India, was drafted under the first l ..
Origin and validity of Armed Forces Special Powers Act,And Rule of Law. The relevant provisions of the Armed Forces (Special Powers) Act, 1958 are as under: �2. Definitions:- In this Act, unless the context otherwise requires:- ..
A detailed analysis of the causes of crimes among youth and also a thorough study of the juvenile justice policy adopted by India following the guidelines laid down by international bodies. Frederick Douglass had once said, �It is easier to bu ..
A civil suit, as everyone knows, can be amended as per the provisions of law but the criminal law code provides absolutely no provision for amending a criminal complaint. However the Supreme Court and some of the High Courts have read down the crimin ..
Indian legal system considers a person �innocent until proven guilty� and therefore the arrest of a person will be a violation of citizen�s fundamental right of Article 21 of Constitution �No person shall be deprived of his li ..
When an allegation of a cognizable case crops up against a person, for any genuine or other reason, before the police for necessary legal action, the Station House Officer (SHO) is duty bound to register the First Information Report (FIR). Thereon th ..
Malicious cases are on the increase. The educated and rich sections of society such cases are being used as an easy tool to bring someone down. One reason for this the emergence of many poorly drafted women laws enacted for the noble purpose of endin ..
The issue that this article discusses is whether registration of a First Information Report (FIR) against an accused needs to be followed by his/her imminent arrest.Nowadays, when an allegation of committing a cognizable offence comes up against a pe ..
The penultimate stage of criminal proceedings is the examination of accused u/sec.313 Criminal Procedure Code which has become a farce like winking of an eye lid by a visually challenged person (with due apologies to them). ..
(a) While granting bail the Court has to keep in mind not only the nature of the accusations, but the severity of the punishment, if the accusation entails a conviction and the nature of evidence in support of the accusations.(b) Reasonable apprehens ..