criminal law

The issue that this article discusses is whether the 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 person - particularly a celebrity - there will be a public outcry for his/her ar..

The penultimate stage of criminal proceedings is the examination of accused u/s sec.313 Criminal Procedure Code which has become a farce like winking of an eyelid by a visually challenged person (with due apologies to them).  stro..

(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 apprehensions of the witnesses being tampered with or the apprehension of there being a ..

State Vs. Azam @Rihan in Crl.L.P.No. 576 of 2016 - Has held that the victim is the best witness to depose the factum of rape and by whom it was committed and same has to be given utmost importance.  Moving forward the Court has held that "In order to establish a conflict between the ocular evidence and the medical evidence, there ha..

Supreme Court of India: quashed the Rape Case observing that judicial proceedings cannot be allowed to be converted into an instrument of oppression or harassment. (A) Justice Krishna Iyer: People's Judge: India's Super Judge: Law is not a brooding omnipotence in the sky but a pragmatic instrument of social order./..

.style2 { text-align: justify; } When a patient of poisoning is brought to a Doctor, even though it is a medico-legal case, medical responsibilities of the doctor assume first importance i.e. saving the life of the patient. Legal duties always tak..

Introduction Child Sexual Abuse is a form of abuse or doing something wrong with malafide intention by an adult or adolescent for sexual stimulation with children. It consists of fondling, child pornography, using child for sexual activities and indecent exposures. This is a serious problem which exists in o..

.style2 { text-align: justify; } Dated: 20th February, 2017: Bench of Three Judges headed by The Chief Justice: Supreme Court of India: If someone is involved in heinous offence of indiscriminate killing of innocents, then it is better he forgets his f..

Harsh Vardhan Arora v. Smt Kavita Arora, 2002 MLR 528= 2002(2) RCR (Cr) 499 (Pb & Har.) The Court can exercise extraordinary jurisdiction vested under section 482 of the Code of Criminal..

The Government can pass the detention order in PITNDPS, COPEFOSA etc on the basis of the secret information received and with the recorded reasons. But the detenu will have the opportunity to quash the said order. The grounds on which the order has been quashed are as follows:    There can be no addition to th..

Invariably preventive detention laws provide that detention order may be executed at any place in India in any manner provided for the execution of warrants of arrest under the Cr. P.C. Further Article 22 of the Constitution is the relevant provision in this regard for arrest of a person which provides as under:-   “22. Protection against arrest and detention in c..

The Criminal Procedure Code, 1973 (hereinafter “CrPC”), provisions that security may be demanded for the purpose of good behavior vide the underlying sections - CrPC § 108 - Persons disseminating seditious matter CrPC § 109 - Suspected persons / Criminals..

सत्यं नास्ति परो धर्म... "Nothing is excellent duty then practicing truth." I have started to write with this prologue because topic..

Important Guidelines/Remark by of Hon'ble Supreme Court, High Courts etc. for Maintenance Cases Sr. No. td rowspan="2" style="text..

The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and charge sheet is based. A FIR is bible charge sheet eviden..