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…
The usual procedure in a criminal case is that if the police investigation shows there is a prima facie criminal offence against the accused, then a Final Police Report (Charge Sheet/Challan) is filed. The accused is then subjected to the next stage of framing of charges against him, by the court.
However, the court can discharge the accused person before it frames the charges against him, if no offence is prima facie made out.
Criminal defence advocates, defending the accused persons who have been considered by the people to be guilty in heinous crimes, are at the receiving end many a time. The public…
Defamation, according to Section 499 of the Indian Penal Code (IPC), is making or publishing any imputation concerning any person to harm the reputation of such person.
It can be in written, oral, sign, or graphical form. It must be made knowingly and believing that it will harm the reputation of the person against whom it is made.
Concept of contempt of court The concept of contempt of court came into existence in India with the enactment of the Constitution of India. By including the concept the Constitution…
What “taking cognizance” means What is meant by taking cognizance in regard to an offence by a competent Magistrate is not defined or described in the Code of Criminal Procedure,…
A charge in a criminal case is a written notice in which precise and specific accusation against the accused in regard to the offence is stated. It is the foundation of the criminal trial. The charge conveys the accused the accusation which the prosecution intends to prove against him in the court. It enables him to prepare for his defence in regard to the accusation.
Everyone knows bribe taking by a public functionary is an offence but some people do not know bribe giving is also an equally punishable offence. There is no much clarity…
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…
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…
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 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,…