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Criminal Law Articles


Misuse of 498A and DV

  kirankumar   19 May 2009 at 09:46

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 domestic disharmony. The ra ..


Posted in Criminal Law  1 comments |   3040 Views


304 B, IPC - cruelty soon before death

  Swami Sadashiva Brahmendra Sar   19 May 2009 at 09:46

Section 304B of the Penal Code has the following ingredients: (i) The death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; (ii) Such death must have occur ..


Posted in Criminal Law |   5211 Views


A concubine,whether can be prosicuted for u/s 498-A, IPC ?

  Swami Sadashiva Brahmendra Sar   16 May 2009 at 20:21

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, IPCIn criminal Appeal no.938/2009,U Suvetha v. State, the supreme court had occasion to consider as to whether ..


Posted in Criminal Law |   2466 Views


What is Identity Theft?

  G. ARAVINTHAN   15 May 2009 at 20:02

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 id ..


Posted in Criminal Law |   1618 Views


Important points regarding s.138, NI Act

  Swami Sadashiva Brahmendra Sar   15 May 2009 at 20:02

To constitute an offence under s. 138 of NI Act, following ingredients must be fulfilled : cheque should have been issued to discharge any debt or liability cheque should have been presented within 6 months or its validity whichever is earlier the ..


Posted in Criminal Law  1 comments |   3268 Views


Sentencing - Provocation, a relevant consideration

  Swami Sadashiva Brahmendra Sar   15 May 2009 at 20:02

in Tan Rui Leen Russell v Public Prosecutor[2009] SGHC 102 , decided on 27th april 2009, the singapore high court held that "Where an offence is committed as a result of a loss of self-control brought about by provocation, the culpability of t ..


Posted in Criminal Law |   1385 Views


s. 138,N.I.Act - when drower says cheque was lost

  Swami Sadashiva Brahmendra Sar   13 May 2009 at 13:54

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 short "the Act")? In Raj Kumar Khurana v. ..


Posted in Criminal Law |   4026 Views


Age in view of amendments in JJ Act

  Swami Sadashiva Brahmendra Sar   10 May 2009 at 16:38

in Hari Ram vs State of Rajasthan and Another the SUPREME COURT on 05 th May 2009 evaluated the Juvenile Justice (Care and Protection of Children) Act, 2000, ss.2(k), 2(l), 7A, 15, 20, 49 and 64 (Provisions as stood amende ..


Posted in Criminal Law |   2944 Views


Crime Scene Management by Forensic Experts

  Prakash Yedhula   04 May 2009 at 11:48

Crime Scene Management by Forensic Experts - Dr. B.K. Mohapatra, Dr. Kamal Chauhan U.S. Thakur & Alka Anand Resolution of a criminal case is perfectly co-related with strategic evidence collections with greater accuracy from the scene of ..


Posted in Criminal Law |   5411 Views


How To Overcome A Hostile Witness?

  G. ARAVINTHAN   26 April 2009 at 08:46

Especially in a criminal case a witness turning hostile has become common due to extrenous considerations and how to turn around and punish the guilty who escapes the arm of law is the question and it has become a moot point and has been debated now ..


Posted in Criminal Law  1 comments |   3031 Views