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criminal law


All about the job of Public Prosecutors in India!

INTRODUCTION  A Public Prosecutor is an indispensable part of the criminal justice system. One can’t imagine the criminal justice system without the public prosecutor. He initiates the proceedings against the accused and takes it to the logical end and therefore, his role in the dispensation of the justi..

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Ethical Advocacy: Should Lawyers Knowingly Defend Criminals?

SYNOPSIS: INTRODUCTION: Indian courts believe that irrespective of whether the party is prosecution or defendant, they both have the right to be heard. Morality and Law are always at a conflict with each other, and it is the job of lawyers to..

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Analysis of Sections 134A & 148 under Negotiable Instruments Act, 2018

The legislature has passed the Negotiable Instruments (Amendment) Act, 2018 with the aim to further the cause of efficacy and efficiency under the NI Act. The same was notified on 2nd August 2018 and came into force on 1st September 2018. These new provisions under the NI Act are: 2.1. Section 143A: Power to Direc..

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Confession under the Indian Evidence Act

Confession means Confession, in fact, is a statement by an accused suggesting that he committed the crime charged against him.  A statement must contain specific admission of guilt or all the facts which constitute the crime in order it to be considered as a confession. A s..

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Spreading Covid-19: offence under IPC?

"Other Countries should learn from Italy's mistake". Italians are taking to social media to warn the rest of the world to learn from their mistakes before it's too late. Despite the alarming situation because of Covid-19, some "famous" people are on fault by not only risking health of people around them but also violating laws of IPC. ..

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Making a Confession or Statement under 164 CrPC

Synopsis: The paper will be talking about the procedure of recording of a confession and statement under section 164 CrPC. The paper will try to answer the question regarding why confession alone is not sufficient for conviction and statements are not substantive evidence. Magistrate can record confession o..

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How Serious Are The Cases of Economic Offences: Bail Or Jail?

BAIL OR JAIL IN ECONOMIC OFFENCES BY SUPREME COURT Economic Offences include Companies fraud, Corruption Cases, money laundering, tax evasion, trafficking, cyber law etc. Generally, Supreme Court held that grant of anticipatory bail is not to be done as a matter of rule, especially in matters of economic offenc..

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Factors and Conditions of Bail in NDPS ACT 1985 Imp Case Laws

The Narcotics Drugs and Psychotropic Substances Act 1985 was enacted in the year 1985, with a view to consolidate and amend the law relating to narcotic drugs, incorporating stringent provisions for control and regulation of operations relating to narcotic drugs and psychotropic substances.  This act categorizes the offense into three categories:- /p..

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Acquittal of the Accused before Defence Evidence

Acquittal before defence evidence in sessions trial is something very rarely happens in Indian courts but there is a legal provision in the Criminal Procedure Code, 1973 (CrPC), for the purpose. It is a mechanism incorporated in the law to end the criminal proceedings against the person accused of criminal offence unnecessarily, at an early opportunity in the trial pr..

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The NDPS Act 1985 - Bail and it's Underlying Principles (Imp Case Laws)

Alcohol and drugs are used to obtain relief from pain and misery and to attain a state of forgetfulness and with the technological advancements, western culture setting in and many other factors, this attainment seems to have touched almost 70% population in India (Specially students). Narcotics, Drugs and Psychotropic Subs..

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Discharge of an Accused in a Criminal Case

The usual procedure in a criminal case is that if the police investigation shows there is a prima facie criminal offence against the accused, then a final police report (Charge Sheet/Challan) is filed. The accused is then put to trial for framing of charges against him, by the Court. However, the court can discharge the ac..

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All About Framing a Charge in a Criminal Case, an Important Skill!

What is a charge in a criminal case? A charge in a criminal case is a written notice in which precise and specific accusation against the accused in regard to the offence is stated. It is the foundation of the criminal trial.  The charge conveys the accused th..

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Supreme Court on Parameters of Anticipatory Bail

When any person apprehends that police is going to arrest him/her on false or motivated charges then before arrest he has the right to move the court of Session or the High Court under section 438 of the code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail and anticipat..

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Quashing False 406/498A Indian Penal Code

“State of Haryana v. Bhajan Lal” AIR 1992 SUPREME COURT 604 Hon’ble Apex court has given seven principals where a complaint can be quashed:-   Where the allegations made in the First Inform..

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A Short Note on Anticipatory Bail - Basics Explained!

When any person apprehends that police is going to arrest him/heron false or motivated charges, then, before his/her arrest he/she has the right to move the court of Sessions or the High Court under Section 438 of the Code of Criminal Procedure for grant of bail in the event of his arrest, and the cou..

Posted in articles |   2 comments |   5 Views




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