criminal law

SYNOPSIS: In a recent petition brought forward by the NGO headed by Kailash Satyarthi, it has been highlighted that the issue of child trafficking will shoot up again as the lockdown is over and travel restrictions are lifted. This has brought in a pertinent issue which crosses boundaries and has been a menace all across the glob..

The topic itself would convey the displeasure and dissatisfaction of the common man over the administration of justice. Administration of criminal justice has almost become an empty formality. Even in the trial for heinous offences, the culprits are acquitted on technical grounds, more often, on ground of benefit of doubts which we..

The Principle of Bail as Rule and Jail as an exception, finds its very source from Article 21 and Article 22 of the Constitution of India and also from the well known principle of “Presumption of Innocence, Unless Proved Guilty”. Only because a person is accused to have a committed an offence, the ..

SYNOPSIS: This article covers the webinar conducted by Senior Advocate Mr.Ramesh Gupta, who is known for his work as defense counsel in the BMW (Sanjeev Nanda) Hit and Run case. The webinar titled 'Cross Examination in Criminal Cases: A Practical Analysis of Common Mistakes that Lawyers Make!' covers in detailed the minute points..

INTRODUCTION The criminal procedure that is instituted for criminal cases in India can be broadly categorized under three well-known stages. They are pre-trial, during the trial and post-trial stages. All three of the aforementioned contribute to the securing of justice in their own ways. An ‘accused’ becomes a &l..

Under trial Prisoner is a person who has been committed to judicial custody and against whom a criminal trial has been initiated by a competent authority (trial is in process and not yet disposed off). In other words, it is the result of arrest for an alleged offence not followed by grant of bail.  There are three types of Under Trial Prisoners: p style="..

SYNOPSIS: This article covers the webinar delivered by Mr. Pawan Kumar, Judge, Metropolitan Magistrate. Mr. Pawan Kumar, Judge, who is a Metropolitan Magistrate. Sir was the metropolitan judge who recorded the statements under the Nirbhaya Gang-rape case, under section 164 of the CrPC. He is al..

In the Delhi hit and run case which is popularly known as the BMW hit and run case, Sanjeev Nanda had allegedly lost control of his BMW near Lodhi road and ran over six people including three cops. The case attracted media attention, andIndia Today even quoted it as "a test of the judicial system's ability to take on the powerful." p style="tex..

Criminal jurisprudence has always focussed on a “socially sensitized” judicial mechanism. Certain rights, in the light of principles of justice and liberty, are statutorily and constitutionally bestowed upon the accused (to be specific, herein we are referring to under trial prisoners, in particular) that may be exercised during the pendency of trial. The ..

Introduction & Abstract “Ei incumbit probatio qui dicit, non qui negat”. The latin maxim of criminal innocence is a holy grail of any defence lawyer, and it is undoubtedly the elixir of criminal jurisprudence. It means the burden of proving the alleged crime is on the one who d..

As we observe, there are umpteen number of columns on the present issue speaking about the recommendation proposed by the Law Commission of India, while the present chapter contracts with, what else is significant to tame the issue of wrongful prosecution in India. While penning this article I recall the maxim “Fiat justitia ruat caelum&rdq..

The liberty of an individual is a matter of great constitutional importance and personal liberty is one of the cherished object of the Indian Constitution and deprivation of the same can be only in accordance with the law and in conformity with the provisions thereof, as stipulated under Article 21 of the Constitution of India. Aft..

Police interrogation is a part of the police investigation. When an accused is brought under the police custody either in cognizable offence or non-cognizable offence, the Police has the right to question the accused. It helps the Police to know about the essential facts and truths of the incident so that a case can be solved easily. h2 style="text-align:justi..

India is a country that has many different religions. People belonging to different communities come together and live together. People from all religions; Hindu, Muslim, Sikh, Christian, Jews etc live in India in harmony. Or rather they lived in harmony till the CAA bill was passed and then communal riots have begun in our country. p style="text-align:justify..

What is Zero FIR? Zero FIR is not at all different from a commonly known FIR (First Information Report) which must be registered in any criminal offence in the police station authorized to investigate it. Zero FIR differs from an ordinary FIR in the sense that it is lodged in a police station which lies outside the..