Remedies when FIR is not Registered

15 June 2021Posted inCriminal law
Under Section 154(3) CrPC any person aggrieved by the refusal of the Station House Officer to record the First Information Statement (FIS) relating to the commission of a cognizable offence can send such substance of information in writing by post to the Superintendent of Police in the area and the Superintendent can conduct an investigation himself or through any of his subordinate officer.

How to obtain Call Data Records (CDRs)?

10 June 2021Posted inConstitutional law, Criminal law
A Call Data Record (CDR) is a set of information relating to the mobile phone calls, of a mobile user, for a particular period. However, the CDR does not include contents of a telephone conversation or messages exchanged. The CDR is available with telecom operators. The record contains critically sensitive information such as Mobile Station International Subscriber Directory Numbers (MSISDNs), International Mobile Subscriber Identity (IMSI), International Mobile Equipment Identity (IMEI), and location details of mobile subscribers. This string of information of the CDR includes details such as the name of the subscriber, the details of calls made by this subscriber during a given period, the duration of each call, whether the call terminated normally or abnormally, location of the caller, location of the call recipient, and such other details.

Dowry Death Cases u/s 304-B & 498A: Guidelines

29 May 2021Posted inCriminal law
The import of Section 304-B is quite different from 498A. They cannot be held to be mutually inclusive. They deal with two distinct offences. Cruelty is a common factor in both the sections. Under Section 304-B dowry death alone is punishable. Such a death should have occurred within seven years of marriage. In Section 498-A no such period is mentioned. If the case is established, there can be a conviction under both the sections.

Quashing of FIR u/s 482 CrPC

24 May 2021Posted inCriminal law
The High Court has powers to quash any proceedings in exercise of its inherent powers when the complaint or even charge sheet does not disclose any offence or when the complaint was frivolous, vexatious or oppressive in nature. Even uncalled for remarks of judges can also be quashed under the Section. To quash a case it must be examined whether a criminal offence is constituted or not at the face of the allegation. Any frivolous, vexatious or oppressive proceeding can be quashed. The quashing of the complaint must be taken at the threshold before evidence is taken in support of the complaint.

Need for Legalising Prostitution in India

24 May 2021Posted inCriminal law
Prostitution is a consensual sexual activity in exchange for remuneration between two consenting adults. It is not per se an offence in India. The police and the people in India at large think that prostitution, particularly the one involving exchange of money, is a criminal activity. They act upon any incidence of prostitution and the prostitute in accordance with their misunderstanding. This in effect causes different sorts of human right violation and unlawful aggression. In fact, prostitution is not a criminal offence in India.