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criminal law


Insanity as a defense

Whole notion of criminal law is based upon a fundamental maxim i.e. 'Actus Non Facit Reum Nisi Mens Sit Rea' i.e. an act does not constitute guilt unless done with a guilty intention. Section 84 of the Indian Penal Cod..

Posted in articles |   224 Views


How and when to approach Supreme Court u/a 136 of Constitution of India by filing a Special Leave Petition

In the common minds, question arises as to How and When to approach Hon’ble Supreme Court under Article 136 of Constitution of India? When any dispute arises b/w parties or when a FIR is about to register or when already registered, or any dispute of civil, commercial, service or any issue which either create/destroy rights or liabilities of any person, has a ri..

Posted in articles |   4 comments |   519 Views


Why, when and where to apply anticipatory bail

Question as to why, when and where to apply for Anticipatory Bail, comes to the mind of every person who never had faced any such situation in their life. Now before we start, I want everyone to understand from stage one before they apply for an Anticipatory Bail. Immediately after a receipt of..

Posted in articles |   2 comments |   633 Views


Gender Neutral Laws: Justice Irrespective of Gender

Offenders should be penalised on the basis of their CRIME and not GENDER. Conception of patriarchy is the basic reason why a rape, harassment of a male is ignored/ laughed upon in a country like India. Though gender - neutral laws are far away from existence but the current situation of India mandates to walk ..

Posted in articles |   5 comments |   343 Views


Disposal of Property or Documents during Trial

Disposal of property or documents by the criminal court during inquiry or trial is a crucial issue in some cases. The legal provision relating to it is well provided for in the Chapter 34 consisting of Sections 451 to 459 of the Criminal Procedure Code, 1973 (CrPC). The chapter app..

Posted in articles |   1 comments |   512 Views


Quashing FIR post-filing

There are time and circumstances when after filing an FIR, better sense prevail between the parties and they intend to finish the matter to ensure that no one will have to come to courts and face trail. In that situation it is advisable to enter into a compromise agreement and get the matter quashed from the High Court on the basis of the compromise deed/ agreement./..

Posted in articles |   1 comments |   457 Views


Miscarriage of Justice: A brief Analysis of Aarushi Talwar and Hemraj Murder Case

  In the words of Tony Stock, this case is entitled to be 'One of the most outrageous miscarriages of justice of Modern Time' because of its ambiguous verdict delivered by the Hon'ble High Court of Allahabad, acquitting in contradiction to the Conviction sentenced by the C.B.I Court to the Talwar ..

Posted in articles |   297 Views


Quashing of FIR or Proceedings under Section 482 CrPC

Inherent powers of the High Court The Section 482 of the Criminal Procedure Code, 1973 (CrPC) preserves some awesome inherent powers to the High Court to make such orders that are necessary: to give effect to any order under the Code, li style="text-align: ..

Posted in articles |   515 Views


Everything you need to know about Red Corner Notice

What is the purpose of an INTERPOL Red Notice?[1] A Red Notice is a request to locate and provisionally arrest an individual pending extradition. It is issued by the General Secretariat at the request of a member country or an international tribunal based on a valid national arrest warrant. It ..

Posted in articles |   305 Views


Further Investigation: Its Legal Dimensions

Further investigation means Further investigation is the subsequent investigation that succeeds the investigation primarily conducted by the police. Its purpose is to supplement the earlier investigation. It is a continuation of the earlier one. It is not reinvestigation or fres..

Posted in articles |   176 Views


Sexual Harassment allegations against the Chief Justice of India

Introduction: The term “sexual harassment” refers to behaviour characterized by the making of unwelcome and inappropriate sexual remarks or physical advances in a workplace or other professional or social situation. As per reports, sexual harassment cases are uncontrolled and difficult to prove. The..

Posted in articles |   2 comments |   504 Views


Real Test for Grant of Anticipatory Bail

What purpose the prosecution would achieve by sending an accused in custody is an important point to be considered. Simply because an individual is alleged to have been involved in some serious crime, does not necessarily justify accused to be send to custody, unless there are compelling factors which ..

Posted in articles |   5 comments |   503 Views


Bail or Jail? 10 Factors Which The Court Considers While Granting Bail

Did You Know That Getting A Bail Is Amongst The Most Difficult Challenges For A Criminal Lawyer? Before I tell you, what are the crucial factors which the court considers while granting or dismissing a bail application, let me give you a theoretical background on the laws of bail. ..

Posted in articles |   4 comments |   821 Views


3 Steps To Take If Police Does Not Register A FIR On Your Complaint

What Are The Steps To Take If Police Does Not Register A FIR On Your Complaint? Are You Sick Of Police Not Taking Action On Your Complaint? stron..

Posted in articles |   4 comments |   680 Views


Sentencing policy in India

As per the National Crime Records Bureau, India's Court conviction rate stands at 46.9%. This average has been arrived at after an analysis of a spectrum of offences including but not limited to sexual offences and socio-economic offences amongst others. It is pertinent to mention that all these offences have been considered in toto and have not been bifurcated wi..

Posted in articles |   2 comments |   556 Views




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