Bail and the law relating to it
Bail is the rule but not its refusal Bail is the rule and refusal of bail is the exception. When the bail is refused the personal liberty of the citizen…
Electronic Evidence u/s 65B of Evidence Act
The requirement of the certificate, under Section 65B (4) of the Indian Evidence Act, 1872 (IEA), is mandatory for admissibility of electronic record in evidence.
The Supreme Court (SC) finally took this view in Arjun Panditrao Khotkar v Kailash Kushanrao Gorantyal case delivered on 14th July 2020.
Anticipatory Bail & its Legalities
What is an anticipatory bail? Anticipatory bail is a kind of bail that a person accused of committing a non bailable offence and apprehending arrest can apply for under the…
Possibility of Amending a Criminal Complaint
A civil suit, as everyone knows, can be amended as per the provisions of law but the criminal law code provides absolutely no provision for amending a criminal complaint. However…
Need for an All India Judicial Service (AIJS)
No other reform is as important as establishing an All India Judicial Service (AIJS) in revitalising Indian judiciary. But the proposal for setting up an AIJS, in the lines of…
Professional Standards an Advocate should Keep
The advocate’s profession is an esteemed one. It seeks to promote dispensation of justice irrespective of one's caste creed or religion. An advocate in India has to submit to some…
Law on recovery of advance or earnest money
Introduction The “advance deposit”, which is being paid as part of a contract for transfer of an immovable property, has in the past been treated conceptually quite different from the…
Adultery and related Issues in Criminal Law
Adultery means different things in law and English language. In law, it is socially and legally objectionable sexual intercourse, voluntarily made by a man with the wife of another person,…
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…
Restraining the Arrest of the Accused in 498A Cases
On one hand the women continue to suffer under violence with no much hope for the victims to have easy access to justice despite having those laws on our statute book. On the other, some of these provisions are largely being misused by educated and powerful sections of disgruntled women as a sharp weapon, rather than a shield, to harass their innocent husbands and their relatives.
Examination of the Accused u/s 313 CrPC : SC Guidelines
The examination of the accused under Section 313 of the Criminal Procedure Code (Cr P C) by the trial court is popularly known as “313 examination” and the statement deriving out of it is called “313 Statement”.
Model Certificate u/s 65B of Evidence Act
The Section 65B of the Indian Evidence Act, 1872 (IEA) states that the information contained in an electronic record which is printed or copied as computer output would be treated as a document without further proof or production of the original, if the output satisfies some stipulations stated in this write up.