Bail and the law relating to it

22 May 2021Posted inBail & Related matters
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 is deprived. Such deprivation can be done only by following the principles and procedures known to law. That means refusal of bail must be done by following due process of law. Bail can be granted at any stage of the trial.

Electronic Evidence u/s 65B of Evidence Act

22 May 2021Posted inEvidence law
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

22 May 2021Posted inBail & Related matters
Factors to be considered while granting anticipatory bail The court must take the following broad factors into consideration before allowing or rejecting an application for anticipatory bail. The nature and gravity of the accusation The antecedents of the applicant such as his previous conviction or imprisonment. The probability of applicant fleeing from trial or other proceedings Whether the accusation is for injuring or humiliating the applicant

Restraining the Arrest of the Accused in 498A Cases

22 May 2021Posted inCriminal law, Family, Marriage & Divorce
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.

Model Certificate u/s 65B of Evidence Act

22 May 2021Posted inEvidence law
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.