criminal law

Supreme Court, laid down guidelines regarding trail of 138 NI ACT cases.   Para 21 is relevant   1. Many of the directions given by the various High Courts, in our view, are wort..

This question very often comes to the mind of a girl who consents having entered into physical relation with her boyfriend on the false promise of being married and when the marriage actually couldn’t happen for any reasons whatsoever, the girl start to feel being physically abused or raped sometimes.  Since large number of cases a..

The Maxim “Justice should not only be done, but seem to have been done” finds its place in the Constitution of India as enshrined in Article 21 of the Constitution wherein its broad perspective seeks to protect the persons of their lives and personal liberties except according to the procedure established by law. The said article in its broad applicat..

More often than not this question comes to the mind of every person that once a person a granted bail, he cannot be send back to the prison and he can use his freedom the way he wishes. But now a day’s more number of cases for cancellation of bail are coming forward because the accused while taking bail swears to abide by the express terms and conditions if..

The Domestic violence act is a very powerful act and often misused, many orders like maintenance, residence, custody,protection, compensation orders can be passed by the magistrate under the act and it is a quasi criminal procedures as adopted under the act, though act is for protection of women from domestic violence, here are the some of the scenarios where the..

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 circumstances the cheque was issued, and in order an offence under section 138 of NI act is to be proved the said ..

The concept of inherent powers under section 482 as declared in Cr.P.C in the context of the high court finds its essence in the fact that the courts are created for the purpose of doing justice in the case. The courts per se have all powers to take any and every proceeding in order to come to a just decision in the case. The Cr.P.C declares various powers expres..

WILL THE JUVENILE JUSTICE ACT 2015 WHICH IS NOT IN CONFORMITY WITH THE  UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD (UNCRC) REALLY BRING A DECLINE IN THE RATE OF JUVENILE CRIME IN INDIA?   The Juvenile Justice Act, which allows children aged 16 to 1..

Purpose of Cross –examination:- We should know that cross-examination is the most intelligent device evolved by the human civilization, during experience of centuries. This is a great wisdom of our legal system. To say, if a man comes to report to a court that he has seen A killing B by shooting with revolver at evening on a particular date..

Now a day’s a number of criminal cases are being filed on the failure to perform the agreement to sell or execute the sale deed in favor of the buyer. But the question that comes to everybody’s mind is whether the same amount to cheating as well as criminal breach of trust on the part of the seller/accused or is it just a breach of the contract and th..

A cheque is defined under the Negotiable instrument act and if a cheque is bounced and liability on cheque is not discharged,it creates an offence under section 138 NI act, now the presumption under section 139 of the NI act  is a rebuttable presumption and that can be discharged by the accused if he can show there is no legally enforceable debt at the time ..

Marital Rape:   ‘Laws on marital rape cannot be “suitably applied in the Indian context due to various factors like level of education/illiteracy, poverty, myriad social customs and values, religious beliefs, mindset of the society to treat the ma..

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 t..

GOOD FAITH WINS OVER PUBLIC DEMAND   This case is with regard to criminal misappropriation which has been enumerated in section 403 of Indian Penal Code, 1860. A serious question regarding the capability of the High Court to pass an order with reference to sectio..

For ascertaining an offence, we need two ingredients i.e. Actus reus and Mens rea and essentially need a person to commit it. This person either be a natural person or be a legal person.  It is not an issue at all when the offence committed by a natural person, because, he committed the offence on his own or with abetment of someone, hence for punishing him,..