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…
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”.
The 164 CrPC Statement & its Recording
Any Metropolitan Magistrate or Judicial Magistrate, not even having jurisdiction in the case, has the authority to record a confession or statement made to him by a person, in the course of an investigation or after it, but invariably prior to the inquiry or trial. This is what provided for under Section 164 of the Criminal Procedure Code, 1973 (CrPC).