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…
Law relating to Revision in Criminal Cases
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 purpose of revision in a case is to examine the correctness, legality or propriety of any proceedings before any inferior court. Revision keeps the lower court within the bounds of their authority and makes them work according to well defined principles of law. Revisional jurisdiction is analogous to power of supervision and superintendence.
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…
Discharge of an Accused u/s 227 CrPC
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.
Is it Right for an Advocate to defend a Client known to be Guilty?
Advocate can defend anyone suspecting to be guilty Criminal defence advocates, defending the accused persons who have been considered by the people to be guilty in heinous crimes, are at…
Defamation in Indian Criminal Law
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.
Contempt of Court Act in a Nutshell
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…