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Understanding Criminal Law: Safeguarding Society through Justice
Introduction Criminal law forms the foundation of any legal system, functioning as a safeguard for societies worldwide. Its primary objective is to maintain order, protect individual rights, and ensure justice is served. This article provides an overview of criminal law, highlighting its key principles, elements of a crime, and the fundamental rig...
UNRAVELING DIGITAL RAPE
Introduction In the digital age, the issue of rape has expanded beyond physical encounters to include various online dimensions. However, it is crucial to clarify a common misconception regarding the term "rape" in the digital context. Contrary to popular belief, "rape in the digital age" does not refer to cybercrime or online sexual assault. T...
Analysis of Judgment on Bail under NDPS Act
MOHD MUSLIM @ HUSSAIN V. STATE (NCT OF DELHI)(2023) FACTS On September 28, 2015, at approximately 6:15 pm, a police station received confidential information regarding a planned illegal activity. The information stated that on the same day at 7:30 pm, an individual named Nitesh, who resides in Chhattisgarh and is involved in supplying goods in...
Laws on Anti-Corruption in India
Introduction Corruption is a major social, economic and political problem in India, which has been plaguing the country since its independence. It has become a major obstacle in the progress of the nation and has severely affected its economic and social development. Corruption occurs when an individual or a group of individuals use their power o...
Understanding the concept of Default Bail
Introduction Default bail is a fundamental right of an accused as per Section 167(2) of Cr.PC. Default bail is provided to an accused if the investigating authority fails to file the chargesheet within the stipulated time. The right to default bail is an important part of the criminal justice system as it ensures that the accused is not kept in ja...
Everything You Need to Know about Joint Trial under Section 220 of CrPC
Introduction The Code of Criminal Procedure (CrPC) 1973, a procedural law, provides the legal framework for the administration of criminal justice in India. Section 220 of the Code of Criminal Procedure (CrPC), 1973, deals with the provisions related to the joint trial of persons accused of committing the same offence. The main object of the provi...
Cheque Bounce : Procedure & Punishment
Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “Ni Act”) deals with the offence of dishonour of cheque for insufficiency of funds in the account of the drawer. Section 138 of the Ni Act creates a civil as well as criminal liability on the drawer of the cheque. Procedure to be followed under Section 138 of the NI Ac...
498A IPC: Procedure of Arrest
498A IPC is a section of the Indian Penal Code (IPC) that seeks to protect women from harassment and cruelty from their husbands and in-laws. It defines cruelty as any act done by a husband or his relatives that causes mental or physical harm to a woman. It is a criminal offense that can lead to imprisonment and fines. The procedure for arrest unde...
Perjury: A Serious Criminal Offence
Perjury is a criminal offence that is taken very seriously in the eyes of the law. It is defined as intentionally lying under oath or affirmation in a judicial proceeding, or making false statements that are material to the outcome of a case. Perjury is not only a crime in itself, but it is also used as evidence to prove or disprove other allegatio...
Act of Voyeurism as an Offence against Women's Privacy
Voyeurism is a criminal offence which involves observing or recording someone else in a private act without their consent. It is usually considered as an offence against women as it is often used as a tool to exploit and humiliate female victims. Voyeurism is a form of sexual abuse which can cause serious psychological harm to victims. In simple te...
Role of Juvenile Justice System in India
The juvenile justice system in India is an important part of the country’s criminal justice system. It was developed to ensure that juveniles, those below 18 years of age, who have committed a crime are not treated the same as adults. The juvenile justice system in India is regulated by the Juvenile Justice (Care and Protection of Children) Act, 20...
Defences available in case of Defamation
Defamation is a legal term used to describe a statement or publication that is damaging to another’s reputation. Defamation of character is a serious and sensitive issue that can have a major impact on a person’s livelihood, and those who are wrongfully accused of such an offence may be eligible to take legal action. This article will discuss the d...
Law against Drunken Driving in India
Drinking and driving is a serious issue in India. Every year, thousands of people are killed or injured due to drunk driving in India. In order to tackle this issue, the Government of India has implemented stringent laws to combat this menace. Drunk driving is a criminal offence in India and is punishable under the provisions of the Motor Vehicles ...
Law on Hate Crime in India
Introduction Hate crimes are defined as criminal acts that are motivated by hatred, hostility and prejudice on the basis of race, ethnicity, gender, sexual orientation, religion, national origin and other characteristics. In India, hate crimes are a growing problem that has been largely ignored by the authorities and have been increasing in recent ...
Issues and Challenges under POCSO Act, 2013
The Protection of Children from Sexual Offences (POCSO) Act, 2013 is an important legislation that provides for the protection of children from sexual offences, and sets out the procedure for the investigation, trial, and punishment of those accused of such offences. The Act is applicable to all those below the age of 18 years and applies to all st...
Power of Search and Seizure under Code of Criminal Procedure, 1973
The power of search and seizure is a fundamental aspect of the criminal justice system, and it is provided for in the Code of Criminal Procedure (CrPC). The power of search and seizure is an important tool used by the police and other investigative authorities to investigate criminal offences, and to collect evidence that can be used in court proce...
Drug Abuse in India: Role of NDPS Act in the matters of Sushant Singh and Aryan Khan matters
Drug consumption has emerged as a major concern in recent decades, affecting both youngsters and adults. Drugs, defined as substances that can create dependence and have a direct impact on the brain, consciousness, nervous system, and bodily functions, have the potential for misuse and can be dangerous, even deadly, when used frequently. Presently,...
Regulation of pornography on OTT platforms
India has become one of the fastest-growing markets for Over-The-Top (OTT) platforms in recent years, with millions of users turning to streaming services like Netflix, Amazon Prime Video, and Hotstar to fulfil their entertainment needs. Unlike traditional media, where there are established regulations and censorship boards, OTT platforms operate i...
Legality and Morality in India on Prostitution
Prostitution, the act of engaging in sexual activities for money, is a controversial and often taboo topic. It has been present in various forms throughout human history, and India is no exception. However, despite being a prevalent issue in the country, the legality and morality of prostitution in India are still heavily debated. Legality of P...
Money Laundering and Anti Money Laundering Laws and Regulations
Money laundering refers to the various techniques used to make illicitly acquired assets appear legal. In simpler terms, it involves converting illegally obtained funds into seemingly lawful assets or creating businesses to generate further income for financing the same illicit activities that generated the funds in the first place. Money launderin...
Constitutional Perspective of Criminal Procedure Code
The Criminal Procedure Code (CrPC), 1973 governs the procedure for investigation, trial, and punishment of criminal offenses in India. On the other hand, the Indian Constitution guarantees fundamental rights to all citizens, including those accused of a crime. According to Article 21 of the Constitution of India, "No person shall be deprived of hi...
Supreme Court's Guidelines On Grant Of Bail After Charge Sheet Is Filed
The Supreme Court in the case of Satender Kumar Antil v. Central Bureau of Investigation, Petition for Special Leave to Appeal (Crl.) No. 5191/2021, dated October 7, 2021, issued guidelines for granting bail following the filing of a charge sheet. Furthermore, the Court clarified that trial courts have the authority to provide interim relief to acc...
Bail under NDPS and Drug Related Matters
Bail is a rule, jail is an exception. This legal principle was established by the Supreme Court while enforcing the right to life and liberty enshrined in Article 21 of the Constitution. Section 439 of the Code of Criminal Procedure (CrPC) provides courts with the authority to grant bail to an individual who has been accused of a crime. However, wh...
Comparative Study of Prevention and Redressal of Sexual Harassment Laws in India, Philippines, China, Singapore and Thailand
Subject India Philippines China Singapore Thailand Laws in Place India has a specific law for the prevention, prohibition and redressal of sexual harassment in the workplace, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The Indian Penal Code, 1860 also covers sexual harassment. The legal p...
What is Cyber Terrorism?
Terrorism is defined as intentionally instilling fear or horror in the minds of the public and intimidating them through the use of force, weapons, or other means. This is done to achieve some irrational political, religious, or financial goals. The European Union explains the objective of "terrorism" as "destabilizing or destroying the fundamental...
Man or Woman, Everyone is Human: Need for Gender Neutral Sexual Harassment Laws in India
“Whatever is my right as a man is also the right of another”. - Thomas Paine. There has been much ado about equality and equal rights. As a society rooted in patriarchal thoughts, it is but natural to believe that men are strong and cannot be victims of harassment. However, that is far from the truth. Take the case of Vijay Nair, Founder of Only ...
COMPARATIVE STUDY OF PREVENTION AND REDRESSAL OF SEXUAL HARASSMENT LAWS IN INDIA, US AND UK
Sexual harassment is an inappropriate behavior which can include verbal or physical actions such as unwanted sexual advances, comments or gestures. It can occur in various settings including the workplace, home, school or even religious institutions. Sexual harassment makes the person on the receiving end feel uncomfortable, threatened or humiliate...
Bail under NDPS Act
The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), is a law enacted by the Parliament that prohibits individuals from engaging in the production, manufacturing, cultivation, possession, sale, purchase, transport, storage, or consumption of any narcotic drugs or psychotropic substances. The NDPS Act has been enacted to consolidate ...
Laws regarding Determination of Alimony Amount in Divorce Cases
Alimony, also known as maintenance, refers to the financial assistance provided by one spouse to the other after divorce or during pendency of a divorce petition. There are two types of maintenance- Interim maintenance also known as Alimony pendente lite, which is provided during the court proceedings, and permanent alimony, which is provided a...
Bail Matters in Delhi
Case 1: Amarjeet Sharma v. Serious Fraud Investigation Office, 2022 SCC OnLine Del 3633 (Decided on 03-11-2022) The right to bail is a fundamental principle in the criminal justice system that allows individuals who have been arrested and charged with a crime to be released from custody while they await trial. In the United States, this right is g...
Stopped Payment of Cheque: Can the Drawer Be Held Liable Under Section 138 of the Negotiable Instruments Act?
A stopped payment on a cheque is typically requested when the cheque has been lost or declared missing. However, sometimes the drawer of the cheque may attempt to avoid his debt or liability by using the “stopped payment” as a means of deception. In these cases, the drawer may issue a cheque with the knowledge that it will not be honoured upon pres...
Understanding the Concept of Bail in India
Article 21 of the Indian Constitution guarantees the right to life and personal liberty. It guarantees the fundamental right to live with human dignity and personal liberty, which entitles persons to seek bail when detained by any law enforcement authority. The 'Bail', particularly anticipatory bail, is based on the legal principle of "presumption...
IS THERE A REQUIREMENT OF DISTINCT BAIL LEGISLATION IN INDIA: RELOOK AT THE SUPREME COURT JUDGMENT
“Liberty is one of the most essential requirements of the modern man. It is said to be the delicate fruit of a mature civilization. It is the very quintessence of civilized existence and essential requirement of a modern man”: John E.E.D. According to the precedent laid down by the Hon’ble Supreme Court in the catena of its judgements “Bail remai...
ALL YOU NEED TO KNOW ABOUT SECTION 498A
Section 498A of the Indian Penal Code was introduced to provide protection against cruelty and harassment by husbands or other relatives. While many women use the law to fight domestic violence and patriarchal constructs, others have misused it. Section 498A is one of the most controversial sections of India's penal code. What is Section 498A? Se...
Right to free speech and expression vis a vis Section 153 A, 295 and 295A of Indian Penal Code
SECTION 153 A: The purpose of Section 153 A is to punish individuals who malign or defame a class of people by attacking their religion, race, place of birth—or any other factor that makes them identifiable as part of the group. Section 153 A is an Indian Penal Code (IPC) section that defines the offence of promoting enmity between different group...
The Criminal Procedure (Identification) Act- Explained
The Government of India notified The Criminal Procedure (Identification) Act on the 18th of April, 2022. The new law has sought to make critical changes in the criminal justice system, primarily by increasing the scope of DNA identification and also digitising the information into a nationwide database. The fundamental changes which have been made ...
Law on Bails with Special Focus on Anticipatory Bails
The Constitution of India, under Article 21 provides “Right to Life and Liberty” to all the persons. The right to liberty allows individuals to demand bail in case they are arrested by the law enforcement agencies. So what is ‘Bail’? Bail is a term used in the legal system to describe the process by which a person can secure his release from j...
What's a search warrant? | Under what circumstances can it be granted?
What's a search warrant? A search warrant is a written directive issued by a court or a magistrate to the police or another individual authorising the search of any location. This search could be performed on various items, documents, or people. The court must have cause to think that the individual to whom a Section 91 summons has been issue...
What’s Arrest | Who can get Arrest | Rights of a Arrested Person
ARREST AND THE RIGHTS OF THE ARRESTED According to Section 57/167 of the Criminal Procedure Code, the accused must appear before a magistrate within 24 hours following their arrest. If the examination cannot be completed in this amount of time, a magistrate may arrange for the detention of the apprehended person under police guardianship pursua...
What are White Collar Crimes ?
" In a way, fraud in business is no different from infidelity in marriage or plagiarism in scholarly work, even people committed to high morale standard succumb " Crimes committed by a person out of his greed, unlike the crimes committed out of one’s need as in traditional or blue-collar crime, involve deceit, unlike violence for illegitimate proc...
Inherent Power of High Court under Section 482 Cr.PC
Introduction: Section 482 of the Code of Criminal Procedure from 1973: Saving inherent powers of High Court: Nothing in this Code shall be construed as limiting or affecting the inherent authority of the High Court to issue any orders that may be required to carry out any orders made pursuant to this Code, to prevent abuse of any Court's process, ...
Defining Surety in Criminal Cases: Provisions and Case Laws
SURETY IN CRIMINAL CASES: In India, the surety is a person who takes responsibility for the actions of the accused person. In criminal acts, surety plays an important role. When an accused person is released from jail on bail, the surety has to take responsibility for his acts. The article will address a few points related to who can be a surety ...
ANALYSIS OF SUPREME COURT JUDGEMENT ON PREVENTION OF MONEY LAUNDERING ACT, 2002
INTRODUCTION: Prevention of Money Laundering Act, 2002 is an Act, enacted by the parliament in Fifty Third Year of the Republic of India, to prevent money laundering, and to confiscate property, derived from or involved in money laundering and any matters connected therewith or incidental thereto. This Act was made to implement the resolution & d...
Misuse of section 498A IPC
WHAT IS SECTION 498A OF THE INDIAN PENAL CODE? "A woman experiencing abuse from her husband or a family member of her husband": Anyone who cruelly treats a woman's family while they are the husband or a family member of the husband is subject to a fine and a jail term of up to three years. Explanation: Cruelty, as used in this section, is defin...
Top Court Judgements on Sexual Harassment at Work and their summary from 2013 to 2022
INTRODUCTION Despite numerous harsh laws protecting women's safety intended to stop their fragile and deteriorating situation, incidences of violence against women, outraging their modesty, sexual harassment, rape, etc. are rapidly rising every day. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, has ...
NO UTERUS, STILL OPINIONED?
It is 2022, and abortion is back in talks for the United States. A recently leaked draft of the United States Supreme Court has revealed that the right to abortion could be overruled. Roe v Wade is the landmark judgment that provided the women of the United States the right to abort decided in 1973, enabling women to practice bodily autonomy. In R...
Prostitution in India: Legal or Illegal?
OVERVIEW The people of India see prostitution in a bad light, but the question remains—is it legal or illegal? This article aims to answer just that. The sole act of voluntarily providing sexual gratification in exchange for money is not unlawful in India. So, what’s illegal about prostitution? The Immoral Traffic (Prevention) Act, 1956 makes acts...
Legality of Abortion in India | Lawyered's Take
INTRODUCTION: The term ‘Abortion’ put in terms means ‘removal or expulsion of the fetus or embryo from the uterus, resulting in the death of the embryo”. This can be either artificially induced through chemical or surgical or can be a result of a spontaneous miscarriage. Generally, abortion is the artificially inseminated procedure during the earl...
Defence in a Cheque Bounce Case
DEFENCE IN A CHEQUE BOUNCE CASE DEFENCES AVAILABLE TO ACCUSED IN CHEQUE BOUNCE CASES LAWYERED PROVIDES LEGAL DEFENCE FOR ACCUSED IN 138 NI ACT CASES AND HELPS THEM FIND LOOPHOLES IN CHEQUE BOUNCE CASES TO GET JUDGEMENTS IN THEIR FAVOUR. WE PROVIDE THE LATEST JUDGEMENTS FROM COURTS TO DEFEND THE ACCUSED IN CHEQUE BOUNCE CASES. INTRODUCTION:...
Analysing bail provisions under the NDPS Act
BY DR VINOD SURANA, MANAGING PARTNER & CEO, SURANA & SURANA INTERNATIONAL ATTORNEYS The routine rejection of bail under the stringent provisions of the NDPS Act has brought many provisions under heavy scrutiny. The most recent instance of repeated rejection of bail under NDPS Act was the case of Aryan Khan. Aryan Khan’s bail was repeatedly rejec...
“𝑺𝒖𝒑𝒓𝒆𝒎𝒆 𝑪𝒐𝒖𝒓𝒕 𝒉𝒂𝒔 𝒕𝒖𝒓𝒏𝒆𝒅 𝒊𝒏𝒕𝒐 𝒂 𝒄𝒐𝒖𝒓𝒕 𝒇𝒐𝒓 𝒂𝒏𝒕𝒊𝒄𝒊𝒑𝒂𝒕𝒐𝒓𝒚 𝒃𝒂𝒊𝒍 𝒉𝒆𝒂𝒓𝒊𝒏𝒈𝒔”
“𝑺𝒖𝒑𝒓𝒆𝒎𝒆 𝑪𝒐𝒖𝒓𝒕 𝒉𝒂𝒔 𝒕𝒖𝒓𝒏𝒆𝒅 𝒊𝒏𝒕𝒐 𝒂 𝒄𝒐𝒖𝒓𝒕 𝒇𝒐𝒓 𝒂𝒏𝒕𝒊𝒄𝒊𝒑𝒂𝒕𝒐𝒓𝒚 𝒃𝒂𝒊𝒍 𝒉𝒆𝒂𝒓𝒊𝒏𝒈𝒔” 一 𝐂𝐉𝐈 𝐍𝐕 𝐑𝐚𝐦𝐚𝐧𝐚 The Chief Justice of India, NV Ramana, on expressed his anguish over the high number of anticipatory arrest bail petitions filed before the Supreme Court. A bench headed by the Chief Justice ...
International Anti Corruption Day
This year marks the second "International Anti-Corruption Day" since the COVID-19 pandemic debacle. People all throughout the world are still combating the illness and coping with its socioeconomic consequences. Many people are still concerned about how the world will look once the crisis subsides. The 9th of December is recognized as International...
Legal Rights for False and Forged FIR and Complaint
The constant expansion and development of civilization necessitates the adoption of stringent regulations. Laws are enacted to ensure the security and safety of the state, its citizens, and its property. However, some persons degrade the judiciary's dignity and squander the time of the courts by bringing false charges and misusing the law by pester...
Punishment of hoarding oxygen cylinders during covid time #AMALawyered by Adv. Ravi Jadhav
Lawyered presents the next clip in its Ask-Me-Anything series, in association with Adv. Ravi Jadhav Question: What is the punishment of hoarding oxygen cylinders during covid time?
Sec 498a - A weapon or a shield #MentorHours by Adv. Ujwal Phasate
In order to protect helpless women who were regularly getting abused and beaten and tortured by their respective husbands and husband's family members, section 498a of IPC was introduced. However, since the Section became subject matter of controversy, it has been observed that it was often being "used as weapons rather than shield by disgruntled w...
"Conducting Trial In Criminal Cases" By Dilraj Rohit Senquiera
"The chief problem in any community cursed with crime is not the punishment of the criminals, but the prevention of the young from being trained to crime." - W.E. B. Du Bois INTRODUCTION As of 2018, a total of 50,74,634 cognizable crimes compri...
"POCSO ACT,2012 (Protection Of Children From Sexual Offences Act)" By Pavan Jain
"POCSO ACT,2012 (PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT)" BY PAVAN JAIN Co-Author - Aditi Das In arrange to viably address the intolerable violations of sexual mishandle and sexual abuse of children through less vague and more rigid legitimate arrangements, the Ministry of Women and Child Development championed the presentation of the Pr...
#QuoteUnquote on the 2018 case against Arnab Goswami by Adv. Nipun Katyal
Lawyered [http://www.lawyered.in] presents the next video in its brand new video series: #QuoteUnquote. See Adv. Nipun Katyal [https://www.lawyered.in/lawyer-profile/nipunkatyal-1257/] discuss the 2018 abetment to suicide case against journalist Arnab Goswami and its current status in the Hon'ble Supreme Court Lawyered [https://lawyered.in...
#QuoteUnquote on How Arnab Goswami and the other accused got bail
Lawyered [http://www.lawyered.in] presents the next video in its brand new video series: #QuoteUnquote. See AOR Rashi Bansal [https://www.lawyered.in/lawyer-profile/rashi-bansal-1701/] discuss how journalist Arnab Goswami along with the other 2 accused in the 2018 abetment to suicide case got bail. Lawyered [https://lawyered.in/] - On a mi...
Companies Act, 2013 is not IPC. How can it prescribe punishment of a sentence? #AMALawyered by Adv. Sandeep Duggal
Lawyered [https://www.lawyered.in/admin/] presents Advocate Sandeep Duggal [https://www.lawyered.in/lawyer-profile/sandeep-duggal-2333/], in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series. Question: Companies Act, 2013 is not IPC. How can it prescribe punishment of a sentence? Lawyered [...
#QuoteUnquote on Karnataka High Court's judgment with Adv. Abhay
Lawyered [http://www.lawyered.in] presents the next video in its brand new video series: #QuoteUnquote. See Adv. Abhay Mani Tripathi [https://www.lawyered.in/lawyer-profile/abhay-mani-tripathi-5911/] discuss the Hon'ble Karnataka High Court's judgment reiterating that life imprisonment is the only punishment in instances of murder. Lawyere...
#QuoteUnquote on Allahabad HC's judgment on LGBT+ Community with Adv. Abhay
Lawyered [http://www.lawyered.in] presents the next video in its brand new video series: #QuoteUnquote. See Adv. Abhay Mani Tripathi [https://www.lawyered.in/lawyer-profile/abhay-mani-tripathi-5911/] discuss the Hon'ble Allahabad High Court's judgment where it extended support to the LGBTQIA+ community of India. Lawyered [https://lawyered....
#MentorHours by Lawyered on 'To Bail or Not To Bail: An Overview of Bail Laws in India'
Lawyered [https://www.lawyered.in/admin/] presents the next edition of #MentorHours [https://www.youtube.com/watch?v=gtKy5JAvZX4&list=PL-uyYxj7oSsIuO_aB-Nv5t63aAlYKhdbZ] on 'To Bail or Not To Bail: An Overview of Bail Laws in India' The webinar was conducted by Mr. Dilraj Sequeira, Advocate-High Court of Karnataka. ASK YOUR QUESTIONS IN THE D...
#MentorHours by Lawyered on 'Keeping Money Clean - Money Laundering in India'
Lawyered [https://www.lawyered.in/admin/] presents the next edition of #MentorHours [https://www.youtube.com/watch?v=gtKy5JAvZX4&list=PL-uyYxj7oSsIuO_aB-Nv5t63aAlYKhdbZ] on 'Keeping Money Clean - Money Laundering in India'. The webinar was conducted by Ms. Somya Singh, Advocate (expert in corporate affairs and financial crimes), AVANT GARDE COMMU...
Anticipatory Bail In India | Cases & Laws
ANTICIPATORY BAIL IN INDIA - MEANING & LAWS INTRODUCTION The right to liberty, a natural and fundamental right guarantees us the right to ask for bail. The provision of anticipatory bail under Section 438 was introduced when the Code of Criminal Procedure was amended in 1973. The Law Commission of India in its 41st report recommended incorporati...
#MentorHours by Lawyered on 'Virtuous Law - Unvirtuous Application'
Lawyered [https://www.lawyered.in] presents the next edition of #MentorHours [https://www.youtube.com/results?search_query=%23MentorHours] on Virtuous Law - Unvirtuous Application. The webinar was conducted by Mr. Utkarsh Singh [https://lawyered.in/lawyer-profile/utkarsh-singh-2052/], Advocate, Supreme Court of India, and Senior Partner - Unitum O...
How The Process Of Police Interrogation Works By Kailash Dutt Kalaskar
Police Interrogation forms an integral part of the enquiry process. It is the first step towards judicial redressal for those affected and it is the duty of the presiding officer to interrogate the accused to ascertain the nature of the crime. Both the accused and the presiding officer have specific duties in this regard. This article systematicall...
FIR and transfer of investigation: The legal issues in the Sushant Singh Rajput case
Amidst the public outcry over the Mumbai Police’s lack of incisiveness and unreasonable dilatoriness, as well as the legitimacy of the Bihar Police’s FIR in Sushant Singh Rajput’s case, a look at the law as propounded by the Supreme Court of India may help to better appreciate the prevalent scenario. Top 2018 Tax Treaty Cases and Learning Internat...
Electronic Recording Of Evidence In Law Suits By Aishwarya Bedekar & Aayush Kevlani
Solomon & Co. [https://cdn.shortpixel.ai/client/to_webp,q_glossy,ret_img/https://solomonco.in/wp-content/uploads/2018/11/Solomon-logo.png] Overview: One of the most crucial stages in the trials of civil suits is the recording of the evidence of the witnesses. The Indian courts and tribunals have conventionally preferred the physical model of the...
Anticipatory Bail In Cases of Domestic Violence By Kishan Dutt Kalaskar
Women have been subjected to harassment and abuse within the household within a patriarchal setup. For years, these incidents went unreported and women found it difficult to talk about these issues in public. However, the adoption of the Domestic Violence Act in 2005 made it easier for women to report cases of subjugation and protracted violence wi...
Filing a Criminal Complaint or FIR under CRPC for Non - Cognizable Offence
FILING A FIR OR CRIMINAL COMPLAINT UNDER CRPC INTRODUCTION Reporting the commission of a crime is the foremost step in setting the criminal law proceedings in motion. The general public has an impression that the process of reporting an offence and setting the law in motion is kafkaesque. Though it is true that the statutory provisions on repor...
NDPS And 138 NI Act
Author - Brahmanand Dube NDPS India did not have any law for narcotics until 1985. Cannabis smoking was prevalent in India then. Derivatives of Cannabis like marijuana, hashish, charas, bhang were legally sold in India. Later in 1961, the US started a campaign worldwide against all drugs. India opposed the move; however, due to the American pres...
Which IPC Section is applicable for Mental Torture, Harassment & Blackmail?
WHICH IPC SECTION IS APPLICABLE FOR MENTAL TORTURE, HARASSMENT & BLACKMAIL ? Lawyered [https://www.lawyered.in/admin/] presents Advocate Divyam Agarwal [https://www.lawyered.in/admin/lawyer-profile/divyam-agarwal-2022/], Agarwal Law Chamber, in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Law...
Mental Harassment Laws in India | How to File a Case Against Mental Harassment by Husband
MENTAL HARASSMENT - LAWS & PUNISHMENT Lawyered [https://www.lawyered.in/admin/] presents Advocate Divyam Agarwal [https://www.lawyered.in/admin/lawyer-profile/divyam-agarwal-2022/], Agarwal Law Chamber, in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: What are some examp...
IPC Section 302 in India | Law & Punishment
IPC SECTION 302 IN INDIA - LAW & PUNISHMENT Author - Vivek Mishra In layman’s language the unlawful killing of a human being with an evil intention by another human being is known as murder. Legal Provisions of Sec 302 of Indian Penal Code, 1860. Section 302 IPC is one of the most important sections of the Indian Penal Code. The section provides ...
Rising Misuse of 354, 377,376-D IPC and futility of 498-A
Author - Utkarsh Singh [https://www.lawyersclubindia.com/img/preview/custom/1_a.jpg]After the judgments of Arnesh Kumar and Rajesh Sharma, the deterrence has been knocked on the head of the provision of 498-A. Yes, a dreaded provision which could well be termed as a watershed amendment to the IPC to protect women right is now relegated to a toothl...
First Bail Obtained For Illegal Bangladeshi Under New CAA 2019
In the backdrop of the provision of the Citizenship Amendment Act (CAA), the Karnataka High Court has granted bail to a Bangladeshi Christian woman accused of being an “illegal immigrant”. It was alleged that the woman obtained the Indian passport through fraudulent documents. Advocate Ayantika Mondal represented the petitioner's case in the court,...
Cheque Dishonour: Reasons, Consequences and Remedies!!
Author - Gagan Gandhi [https://www.lawyersclubindia.com/img/preview/custom/Banking.jpg]A Cheque is simply a bill of exchange drawn upon a predefined broker and is payable on request/demand. Legally, the individual who has given the cheque is called 'drawer' and the individual in whose favour the cheque is given is called 'drawee'. A cheque is view...
Forensic Law: A Developmental Study
Author - Associate Zarmeen Jahan In the nineteenth century, normal science started to create significantly. The spiritualist speculations up to that time progressed to clarify the plan of things started to lose ground as the reasonable, cold rationale of logical trial bit by bit shed another light on the puzzles of the universe. The adjustment in ...
Campus Violence
Author - Associate Swetha Logachandru As alarming as it may sound, educational institutions, especially colleges have seen a steep spurt in campus violence by students. Campus Violence can be in the form of sexual harassment, ragging, caste or political fights which often result in death or serious injury. Educational institutions which are suppos...
Contempt of court
AUTHOR - ASSOCIATE SHEREEN ABDIN INTRODUCTION As indicated by the Oxford Dictionary, ‘scorn is the condition of being loathed or disrespected; disfavour. Any direct that will, in general, bring the power and organization of law into lack of regard or ignore or to meddle with or partiality gatherings or their observer during suit is viewed as the...
Criminal Aspects of Alcoholism & Drugs
Author - Associate Kantika Mukherjee Alcoholism in criminology and drugs have been the biggest concern which is doing harm to the society as well as the youth. The drugs are mostly consumed by young people as they are unaware of the consequences and vulnerable to drug use. Consuming drugs is illegal which includes inhaling drug injection or any ty...
Abortion Laws In India
Author - Associate Nupur Mehrotra Women are blessed with the gift of producing a new life. But it is very important to understand that before being a mother a woman is a human being and she should have all the rights to decide whether she wants to carry a child or not. Controversies exist in relation to the right of the mother for abortion, right ...
Concept of White-Collar Crime
Author - Associate Nupur Mehrotra Almost all societies have certain norms, beliefs, customs and traditions which are implicitly accepted by its members as conducive to their well being and healthy development White-collar crime can be referred to as the crimes which are done as a motive of financial benefit in business and there is an absence of ...
The Journey of a Criminal Case from Investigation to Trial
Author - Associate Shereen Abdin The facts confirm that wrongdoing and criminal activities are viewed by the general public with the best scorn. The discipline for wrongdoing is chosen by the methods built up by criminal law. Criminal law comprises of 3 principle acts that are: 1) the Indian Penal Code 2) Indian Evidence Act, 1872 and ...
Analysis Of Capital Punishment In The Rarest Of Rare Cases By Advocate On Record Vikas Mehta
Author - Associate Shereen Abdin In a previous couple of years, the Government has brought various lawful progressions, approach changes for protection and safety of women from different wellsprings of savagery and outrages and plans for propelling women helpline, avoidance of dealing and sexual misuse, for setting up of one-stop focuses to help w...
Uttarakhand High Court On Solitary Confinement
Author - Associate Megha Motwani Introduction Solitary confinement requires an inmate to be restricted to one cell and has no contact or at least a very little contact, with other inmates. The critics call it inhumane, psychological torture that is hardly in line with rehabilitation. The reasons prisoners placed in isolation are many, it can be ...
Online Gaming & Gambling Laws in India | Act & Regulations
ONLINE GAMING & GAMBLING LAWS IN INDIA ONLINE GAMING & GAMBLING LAWS IN INDIA Online Gaming laws in India or whether online gambling laws in India prohibit betting or wagering and any act which is intended to aid or facilitate the same. Gaming/Gambling being a State subject, gambling /gaming laws in India which differ from state to state. Is gam...
Section 377: A brief history of legal compliance of homosexuality in India
Many sections of the Indian Penal Code were implemented centuries ago, during British rule in India, with little to no changes made in subsequent years. One such archaic act is Section 377, legal compliance of which, inherently created outcasts of the LGBT community in India. You may be aware of the recent ruling in regards to Section 377, which f...
Zero FIR Defination in CRPC | Types of FIR in India
ZERO FIR & FIR IN INDIA UNDER CRPC In this article we will discuss about FIR and zero FIR as a type of FIR. WHAT EXACTLY IS FIR? It is the information about the cognizable offence which is given to the Police officer. It is termed as ‘First Information’, and report of information will mean ‘First Information Report’. It is considered one of the...
Sexual Offences Against Children & Its Penalties
Author: Diksha Singh The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was enacted to prevent children from sexual abuse and sexual exploitation. This Act of parliament received the President assent on 19th June 2012. Any person who is below the age of 18 years is considered to be a Child and will get protection under this Act. ...
Understanding the Concept of Cheque Bounce in India
Cheque bounces are considered as a Criminal offence in India .In this age of Internet where Internet Banking and Mobile Banking are used for Transferring Funds , there is a large section of population that prefers cheques .Dr . Gubbi Subba Rao explains the Dishonour of Cheque and Presumption in favor of the holder mentioned under sections 138...
Cheque Bounce Case Sec 138 | Jurisdiction For Filing Complaint
CHEQUE BOUNCE OR DISHONOUR OF CHEQUE The term ‘Negotiable’ means ‘transfer by endorsement or delivery’ and the term ‘Instrument’ means ‘any legal document in writing, which is created in favour of any person. Therefore, Negotiable Instruments are written statements implying payment of money, either on demand or within a particular time period with...
Section 377 of the Indian Penal Code: In Simpler Words
There is a huge uproar throughout the country with people supporting the striking down of section 377 of the Indian Penal Code, 1860 (IPC). The people who have successfully been able to adapt to the circumstances with time and the people who have a broader mindset wish to strike the section down. When people talk about section 377 of the Indian Pen...
Uber Fires Executive Over Handling of Rape Investigation in India
Uber has fired a senior executive who obtained the medical records of a woman who was raped by an Uber driver in India, the latest example of misconduct unearthed at the ride-hailing giant. Eric Alexander, Uber’s president of business in Asia, was terminated on Tuesday after reporters began asking questions about his actions, according to three pe...
Criminal complaint against Arnab Goswami for theft of Times Now property
MUMBAI: Bennett, Coleman & Company Ltd has lodged a complaint with Mumbai police against Arnab Goswami and Prema Sridevi of Republic TV on grounds of theft, criminal breach of trust, misappropriation of property, and infringement of the intellectual property rights of the BCCL-owned Times Now channel. Rashmi Karandikar DCP (Operations), who holds ...
Sunanda Murder Tapes: Tharoor Involved in Murder Alleges Arnab Goswami
Journalist Arnab Goswami's Republic TV just released a series of tapes, alleging that Congress MP Shashi Tharoor was involved in the death of his wife Sunanda Pushkar. The tapes are of conversations between journalist Prema Sridevi and Tharoor's aide Narayan indicate that Sunanda wanted to speak to the media but couldn't. > The first of the #Suna...
Section 420 IPC for Cheating | Free Legal Advice | Everything You Need To Know
IS SECTION 420 IPC BAILABLE |CHEATING & FRAUD CASE | PUNISHMENT DEFINITION As per IPC for Cheating, section 420 talks about this offence which is committed by the person who cheats another person and thereby induces the deceived to deliver any property. This provision provides punishment for the same. Lawyered is the premier destinati...