National Investigation Agency (NIA) & its functions
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…
Wrongful prosecution: The remedies proposed
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…
Ingredients of Murder u/s 300 IPC
Murder: Its elements Murder is the gravest form of culpable Homicide (punishable killing). It is the most serious crime having the highest punishment in the Indian Penal Code, 1860 (IPC).…
Mens Rea & its importance in Criminal Cases
Mens rea refers to the guilty intention, knowledge, or state of mind of an accused in committing a crime. It has come to fore as an indispensable element of crime in tune with a Latin maxim which means, “there can be no crime without a guilty mind” (actus non facit reum, nisi mens sit rea).
An act done by a person becomes a crime only when it is done with a guilty intention or mental state, in normal course. In other words, an act done with absolutely no guilty intention or state of mind may not become a crime.
On Dealing with Malicious Prosecution
Malicious cases are on the increase. The educated and rich sections of society such cases are being used as an easy tool to bring someone down. One reason for this…
All about Revision in Criminal Cases
Introduction Revision is the process of examination of an order of a lower court by a higher court, so as to rectify any improper exercise of judicial power. The precise…
Trial before a Court of Session: An Outline
Introduction A Court of Session is the court, which deals with serious criminal cases and passes any sentence including death, at the district (sessions division) level. It cannot take cognizance…
How to Prepare Written Arguments?
Always keep written arguments simple, plain and effective. It is better not to write like an articulate lawyer. Rather it is always well paying if you try to make the note simple enough in such a way that a stranger could read and understand it.
Use a style which is clear, concise and focused. Use language that is active, all-inclusive (covering every aspect), and visual (that provides a mental picture) in such a way it gives the readers a vivid picture of the things with colour, context and action.
While writing the arguments think like a judge and then write them for the judge who is going to read and act upon it.
Further Investigation: Its Legal Dimensions
Further investigation means Further investigation is the subsequent investigation that succeeds the investigation primarily conducted by the police. Its purpose is to supplement the earlier investigation. It is a continuation…
Zero FIR & its role in Crime Investigation
What is Zero FIR? Zero FIR is not at all different from a commonly known FIR (First Information Report) which must be registered in any criminal offence in the police…
All about First Information Report (FIR)
The First Information Statement (FIS) or First Information Report (FIR) has not been defined in the Criminal Procedural Code, 1973 (CrPC).
FIS is commonly understood as the information received by the police about commission of a crime and recorded under section 154(1) of the CrPC. In fact, it is the information of a crime reported to the police, first in point of time.
Disposal of Property or Documents during Trial
Disposal of property or documents by the criminal court during inquiry or trial is a crucial issue in some cases. The legal provision relating to it is well provided for…