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.

Bail and the law relating to it

22 May 2021Posted inBail & Related matters
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 is deprived. Such deprivation can be done only by following the principles and procedures known to law. That means refusal of bail must be done by following due process of law. Bail can be granted at any stage of the trial.

Electronic Evidence u/s 65B of Evidence Act

22 May 2021Posted inEvidence law
The requirement of the certificate, under Section 65B (4) of the Indian Evidence Act, 1872 (IEA), is mandatory for admissibility of electronic record in evidence. The Supreme Court (SC) finally took this view in Arjun Panditrao Khotkar v Kailash Kushanrao Gorantyal case delivered on 14th July 2020.

Anticipatory Bail & its Legalities

22 May 2021Posted inBail & Related matters
Factors to be considered while granting anticipatory bail The court must take the following broad factors into consideration before allowing or rejecting an application for anticipatory bail. The nature and gravity of the accusation The antecedents of the applicant such as his previous conviction or imprisonment. The probability of applicant fleeing from trial or other proceedings Whether the accusation is for injuring or humiliating the applicant