criminal law

The examination of the accused under Section 313 of the Criminal Procedure Code (Cr P C) by the trial court is popularly known as “313 examination” and the statement deriving out of it is called “313 Statement”. Purpose of 313 Examination/strong..

As a lawyer, it is also my duty towards society at large to spread awareness in society in respect of anticipatory Bail against the filing of false criminal complaints under section 3 of the SC & ST (Prevention of Atrocities) Act 1989. Herein after referred as Act. By way of writing this blog, I am trying my best to inform ..

CONSIDERATION OF BAIL Denial of bail is an exception and the grant of bail is the rule. Liberty of an individual, accused of a crime is restricted in its view to the extent of possibility of hampering the investigation, influencing the witnesses and possibility of preventing a full-fledged investigation.  The..

In part 1 of the article, which you can read by clicking here; Laws in IPC that could do with Amendment [Part-II/II]; I discussed two such laws which could fare better with some changes made to them. Listed below are three such more laws in the India..

As per data reported by the Reserve Bank of India (RBI), the number of cyber crime pertaining to credit card, ATM, debit card and Internet banking shows a marginal increase of 4.4% from 13,083 in 2014-15, to 13,653 in 2016-17. RBI has issued Cyber Security Framework in Banks, mandating banks to put in place a Board-approved cyb..

Enough laws exist in India to protect women from domestic, matrimonial and sexual violence. They, according to women activists, are good only in paper. On one hand the women continue to suffer under violence with no much hope for the victims to have easy access to justice despite having those laws on our statute book. On the other, some of these provisions are largely..

Section 146 of the Indian Evidence Act appears in the chapter entitled "of the examination of witnesses" and permits certain questions to be put in the cross-examination of a witness. Sections 133 to 145 of the Evidence Act prescribe the order and the..

The law is reason free from passion ~ Aristotle Life is a gamble at terrible odds, if it were a bet, you would not take it. ~ Tom Stoppard The Law Commission of India recently has invited suggestions from the public on recommendations for..

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 law commission appointed and headed by Lord Thomas Macaulay as per the Charter Act of 1833. p style="text-align: ju..

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:- p sty..

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 build strong children than to repair broken men' . The Juvenile Justic..

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 the criminal law in some cases in such a way it allows formal amendment of criminal complaints to a certain extent. p style="t..

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 life or personal liberty except according to the procedure established by law." The procedure contemplated by this a..

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 the police, in a ritualistic manner as being done over the years, would arrest him/her and put in lock-up. The detention..

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 ending atrocities against women. Many of the cases relating to marriage and family matters are frivolous ones narrating not..