Framing of Charge in a Criminal Case

22 May 2021Posted inCriminal law
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.

Restraining the Arrest of the Accused in 498A Cases

22 May 2021Posted inCriminal law, Family, Marriage & Divorce
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.

The 164 CrPC Statement & its Recording

21 May 2021Posted inCriminal law
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).