Discharge of an Accused u/s 227 CrPC

22 May 2021Posted inCriminal law
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.

Defamation in Indian Criminal Law

22 May 2021Posted inCivil law, 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.

Cruelty: A flourishing Ground for Divorce

22 May 2021Posted inFamily, Marriage & Divorce
Cruelty is an adequate ground for dissolving a marriage solemnized under a valid law, on a petition filed by either of the party in marriage. But what constitutes cruelty is not spelt out in law. This creates some confusion among the stakeholders of divorce petition and they bring in anything and everything under the sun as an instance of cruelty to get a quick divorce which the law has never envisaged at all.

Cheque Dishonour Cases u/s N I 138

22 May 2021Posted inNegotiable Instruments
The five elements of a cheque dishonor case are drawing the cheque by the accused on an account maintained by him, presentation of the cheque to the Bank by the payee, returning the cheque unpaid by the drawee bank, the payee issuing a demand notice to the drawer of the cheque, and the failure on the part of the drawer to make payment within 15 days of the receipt of notice. When the five elements exist then the payee has a valid ground for filing a cheque case. The Magistrate while taking cognizance has to look into whether the ingredients have been made out.

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.