criminal law

INTRODUCTION   A Criminal case is build upon the edifice of evidence that is admissible in law. For that witnesses are required. It is submitted that justice must not only be done but must be seen to be done. Free and fair trial is the very foundation of criminal..

We all know recently the rape incident happened in Delhi which had shaken the conscience of the whole nation yes the Nirbhaya case which outraged the people and the society as a whole and which directed the legislature to look into the laws related to sexual offences.   ..

The Prison system was old punitive and deterrent penal system used by the Indian administrators i.e. kings in the ancient days and the medieval days. In the ancient the religious books tells us that how the parents of the Hindu Iconic God Krishna were arbitrarily imprisoned by King kansa. In medieval History the imprisonments of the various Sikh Gurus and Chatrapati S..

Hamlet, once again To ‘kill’ or not to ‘kill’, that is the question   span lang="..

The Criminal Court of Vigo, Spain, sent a football player to jail for 4 months and fined him Euros 1,210/- for something the footballer did during a game. And it was not for match-fixing or doping. It was for playing rough football. But then, isn’t football a rough and tough game?   ..

What happens if a passenger on board an aircraft misbehaves or becomes unruly while the Flight is in progress? The misbehavior may manifest in many forms. It may be by shouting at or threatening the Crew or Fellow passengers or making inappropriate gestures to lady passengers. Some may try to cause damage to aircraft floor, windows, Doors or Seats.  When nor..

The persons arrested by Law-enforcement Agencies and the Prisoners requiring to be produced before a Court, routinely require to be secured during transit. The arrest could be either in pursuance of a Warrant issued by Court or without a warrant in appropriate cases. In India, the basic law for arrest is laid down in Chapter V of The Code of Criminal Pr..

The Presumption under Section 139 of Negotiable Instrument Act: The Law   S.139   It shall be presumed, unless the Contrary i..

1. INTRODUCTION   A product of the aftermath of the brutal ‘Delhi Gang Rape’ of 16th December 2013 that shook the nation, the Criminal (Amendment) Act..

I would like to start this subject with respectfully citing the recent Judgment of Hon’ble Supreme Court in CRIMINAL APPEAL NO. 1485 OF 2008 State of Gujarat  Versus Kishanbhai Etc on 7-01-14. This Judgement was described as a jolt to Gujarat Investigation and prosecution, more particularly media questioned up on governance by this judgment. But after ..

VICTIM PARTICIPATION-  INCRIMINAL JUSTICE SYSTEM                                    ..

The Ministry of Women and Child Development, by a Notification dated December 9, 2013 has at last made the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the “Act”) effective from December 9, 2013. The rules with regard to the same have also been made effective from the same date and will be called Sexual Ha..

CRIMINAL  LIABILITY OF CORPORATION   I. Introduction   Coal-gate scam in which CBI has registered case against Hindalco Industry, Kumar Mangalam Birla and former coal secretary for alleged irregularities in the allocation of coal blocks to India’s best-..

UNDERSTANDING & IMPLEMENTATION OF “THE SEXUAL HARASSMENT OF WOMEN (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013” AT WORKPLACE   The span style="text-align: jus..

The object of punishment in any Penal system is three-fold. Firstly, to act as Punitive including Retributive, Secondly to act as Deterrent and thirdly to provide scope for Reform of the convict. It is said [Rajendra Prasad vs. State of U.P. 1979 AIR 916] that the retributive theory has had its day and is no longer valid. Deterrence and reformation are the primar..