Professional Standards an Advocate should Keep
The advocate’s profession is an esteemed one. It seeks to promote dispensation of justice irrespective of one's caste creed or religion. An advocate in India has to submit to some…
Law on recovery of advance or earnest money
Introduction The “advance deposit”, which is being paid as part of a contract for transfer of an immovable property, has in the past been treated conceptually quite different from the…
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”.
Model Certificate u/s 65B of Evidence Act
The Section 65B of the Indian Evidence Act, 1872 (IEA) states that the information contained in an electronic record which is printed or copied as computer output would be treated as a document without further proof or production of the original, if the output satisfies some stipulations stated in this write up.
Burden of Proof: Part III of Indian Evidence Act
Introduction Which of the contesting parties should provide evidence in a judicial proceeding is determined on the basis of some judicial principles that are laid down in the Indian…
On Methods of Providing Evidence: Part II of IEA
The Part II of the Indian Evidence Act, 1872 deals with different facets of oral and documentary methods of proving facts in a judicial proceeding. The precise purpose of this…
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).