Burden of Proof under Indian Evidence Act
Introduction The term burden of proof, which is not defined in the Indian Evidence Act, 1882, essentially refers to the legal responsibility of a party in a case to prove…
Bribe Giving & Bribe Taking: Its Law
Both bribe giving and bribe taking are offences under Indian law. They are termed offences originally by Indian Penal Code (IPC), 1860 and later by the Prevention of Corruption Act (PCA), 1988, which now deals with the offences.
Bail and the law relating to it
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
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
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
Possibility of Amending a Criminal Complaint
A civil suit, as everyone knows, can be amended as per the provisions of law but the criminal law code provides absolutely no provision for amending a criminal complaint. However…
Need for an All India Judicial Service (AIJS)
No other reform is as important as establishing an All India Judicial Service (AIJS) in revitalising Indian judiciary. But the proposal for setting up an AIJS, in the lines of…
Duties of an Advocate
Advocate profession is an esteemed one 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…
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.