INTRODUCTION: India is a welfare state. The welfare state is that which cannot be measured in terms of money or profit-making, but it is beyond that. In order to execute the welfare state, the Police force plays a very important role. The police have been entrusted with the duty and responsibility to see the law an..
The term 'Protest Petition' is nowhere defined under the Criminal Law in India but when the aggrieved person or complainant is not satisfied with the police report which filed before the Concerned Court; the Complainant may move the petition against the negative police report which is called the Protest Petition and the same is treated as Complaint under Section..
INTRODUCTION The frightful incident of Nirbhaya rape case raised many debates. And the prime issue among these was the involvement of the juvenile perpetrator, who was only six months short of becoming adult. This attracts the law of Juvenile Justice (care and protection) Act, 2000 and the culp..
ADULTERY AND RAPE The offence of Adultery did not punish women The section 497 of the Indian Penal Code, describes Adultery. In adultery there will be is a sexual relationship between a person who is married to another person rather than his or her spouse. If sexual inte..
Culpable Homicide / Murder Meaning: the word Homicide derived from Latin words Homo and Cido. Homo means human and Cido means killing by a human. So Homicide means the killing of a..
INTRODUCTION Sections 304-B and 498-A are not mutually exclusive. These provisions deal with 2 distinct offences but they overlap on many occasions. It is true that 'cruelty' is a common essential to both the sections and that has to be proved. S. 498A w..
Introduction : IT IS SAID THAT SELF DEFENCE IS BURNT WITH US, IF SOME ONE ATTACK You with a knife you cannot wait for law to protect you. It is a first duty of a man to help himself. Self help is the first rule of criminal law. The Indian Penal Code, 1860 has given the right of private defence of ..
INTRODUCTION: Justice Krishna Iyer in the case of Rafiq v. State of U.P.made a remark that, 'a murderer kills the body, but a rapist kills the soul' After the Nirbhaya Delhi Gang Rape case, 'The Criminal Law Amendment Act, 2013' came in to force w.e.f 3rd of Feb,..
The essence of bail was succinctly explained by the Supreme Court in the case of State Of Rajasthan, Jaipur vs Balchand @Baliay 1978 Crl J 195, wherein the Court remarked that the basic rule is bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeatin..
Powers of the court regarding release of certain offenders on probation of good behavior under PROBATION OFFENDER ACT 1958 Mahatma Gandhi once said, "Hate the crime not the criminal." In most of the cases punishment, specially imprisonment, does not actually reform the..
The Protection of Children from Sexual Offences (POCSO) Act 2012 is applicable to the whole of India. The POCSO Act 2012 defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from sexual abuse. It also intends to protect the child through all stages of judicial process and gives paramount ..
Smoking tobacco and its sale has been regulated by the Government of India time and again to ensure that the health of the people is secured. The concept of smoking is not new to the Indian society. The history of smoking is traced in Atharveda wh..
Introduction Revision is the process of examination of an order of a lower court by a higher court, so as to rectify any improper exercise of judicial power. The precise purpose of revision is to examine the correctness, legality or propriety of any proceedings before any inferi..
Once the Fir U/s. 498A/406 is registered it is better option to take anticipatory bail in the offences as read in the FIR. I have already discussed the chances of anticipatory bail u/s. 498A and 406 in my previous article of chances of getting anticipatory bail in 498A But when you move for anticipatory bail in the court the court may impose certain conditio..
Lawyers play a very important role in the lives of all directly or indirectly. For proper delivery of justice, it is necessary that a lawyer must possess certain qualities. Criminal law is a filed which is very diverse and needs things to be proved beyond any sort of doubt. Criminal Lawyers in Delhi and across the country lay great emphasis on the f..
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