criminal law

Though this term is not referred in our legal system as much as the word intention or the knowledge is being referred. But this term is of great significance and plays an important role in respect of the offences wherein the officers of income tax or enforcement directorate open the assessment or confiscate the property without recording their reasons to believe and t..

Thought as a matter of constitutional jurisprudence, bail is considered as a rule and jail as an exception, but there are certain special laws wherein this principle of constitution is opposite and bails are considered as an exception. The reason behind this opposite rule is because of the gravity and sensitivity involved in those matters per se and the impact on th..

Abstract The present article and write-up is an attempt to describe one facet of the question - What can be a defendant’s strategy to disallow a witness from testifying in the present case, given the fact that the witness is an accused in a serious felony charge in a sep..

Here are the few judgements for NI 138 Quashing On deposit of cheque amount along with interest @18% Pa from the date of cheque till date of payment the proceedings under 138 NI act was quashed. Dalmia Resorts Pvt Ltd V Deepak Gupta (2002)98 DLT 181 p ..

A lot much number of cases are coming forward with the forged signatures and the complainants are waiting for end number of years to get justice. The complainants are running pillar to post to get their complaints registered not knowing that the police as well as courts are in not in favor of registering an FIR in such kind of cases especially wherein the complainan..

The death sentence awarded to Yakub Memon, the only terrorist accused in 1993 blasts to get death row amongst others, once again ignited the much debated topic of discussion among the jurists, judges, lawyers’ i.e. “whether death sentence should be retained where the edifice of criminal jurisprudence in 21st century is reformation and rehabilitation of c..

Security cheques and offence under section 138 NI act Security cheques are the cheques only like any other cheques and they create  same liability to discharge as if they are the ordinary cheques and attract the provisions of NI 138 when they are dishonored. What is important is to show under which circ..

The necessity to grant anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false case for the purpose of disgracing them or for other purpose by getting them detained in Jail for some days to get their work done indirectly. In recent times since the rise of property prices and many civil case coming up by the plaint..

After the Nirbhaya Delhi Gang Rape case, “The Criminal Law Amendment Act, 2013” came in to force w.e.f 3rd of Feb, 2013. Now this case was recorded as “Rarest of Rare case” in the history of Indian Judiciary case laws. Our parliament was forced by the street protesters to take immediate initiatives towards making the drastic changes in our cr..

The right of private defence is a very valuable right and it has been recognized in all free, civilized and democratic societies within certain reasonable limits. Duty to protect the life and property of any person is, primarily, of the state, but no state, howsoever large its resources, can provide protections in all situations. Therefore right to defend and rep..

CHILD WITNESS:   Section 5 of Indian Oaths Act, 1873 and Section 118 of Evidence Act, 1872 and held that every witness is competent to depose unless the court considers that he is prevented from understanding the question put to him, or from giving rational answ..

Every case is decided on the basis of the Evidence produced before the court be it oral or documentary, Direct or circumstantial, but the main question that arises for consideration is whether the fact is admissible or not, because sometimes even the fact may be relevant but not admissible. The courts have to be very conscious while considering the evidences prod..

The essential object of criminal law is to protect society against criminals and law- breakers. For this purpose, the law holds out threats of punishments to prospective lawbreakers as well as attempts to make the actual offenders suffer the prescribed the punishment for their crimes. Therefore, criminal law, in its wider sense, consists of both the substantive c..

One of the most important stages in the criminal trial is the framing of charge and the courts have to be very careful at the stage of framing the charge. The courts can however discharge the accused if the court is of the opinion that no prima facie is made out against the accused and the accused should not be made to face the trial. Before we get into the facto..

The Prisons Act of 1894 being Act No. 9 of 1894 has defined the furlough system and the parole system under Sections 5(A) and 5(B) of the Prisons Act, 1894 which reads as follows: “5(A) ‘Furlough system‘means the system of releasing prisoners in jail on furlough in accordance with the rules for the time being in force.” p style="text..