Criminal law

In a non-cognizable offence, the Police Officer cannot register a case or conduct investigation without a direction from the Magistrate. The officer cannot arrest the accused as well.

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.

Arrest for preventing crimes The Criminal Procedure Code, 1973 (CrPC) provides not only for taking punitive action on crimes already committed but also for taking possible measures to prevent commissioning…

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.

Testimony of a related witness The testimony of a related witness, if it is found to be truthful, can be relied on for conviction of the accused. This is what…

What is plea bargaining? Plea bargaining essentially is pre-trial negotiation (bargaining) between the accused and the prosecution. In plea bargaining, what really happens is that the accused pleads guilty in…

Search and Seizure Search and seizure of documents or material objects is indispensible during investigation and prosecution of crime. The Station House Officer (SHO) or Investigation Officer is provided with…

Introduction An accused or any other person is not entitled to get a certified copy of the deposition recorded under Section 164 CrPC (Criminal Procedure Code, 1973) during the stage…

Citizens have right to a pollution-free environment The citizen has the right to enjoy life in its entirety along with every permissible pleasure associated with it. The Article 21 of…

The crime of killing a human being by another human being is categorized as Culpable Homicide under Section 299 and as Murder under Section 300 of the Indian Penal Code (IPC). The Sections separate the most heinous killing from those which are less serious ones in nature. Even though both provisions relating to Culpable Homicide and Murder correspond with each other, the difference in both the offences – Culpable Homicide and Murder - lies in the certainty of death in the latter. In fact the difference is in regard to gravity - the seriousness of the act of crime.If the act of the accused is so dangerous with no possibility of survival for the victim, it is an apt case of Murder. If a person dies out of an intentional act of cutting someone’s head, then there is no chance for his survival. Then that is nothing but Murder. On the other hand, if an act of crime leaves the victim with some chance for escaping death it is a case of Culpable Homicide.

NIA deals with terrorism & such activities The National Investigation Agency Act provides for creation of the National Investigation Agency (NIA) in the country. The NIA Act was enacted in…

Introduction Wrongful prosecution of innocent persons including prolonged incarceration of them has become quite a common practice nowadays. In general, the term wrongful prosecution includes every act intended to commit…