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Disposal of a criminal case in India

Disposal of a criminal case in India

The traditional procedure for disposal of a criminal case involves the following steps - A plaint is drafted with the alleged violation of IPC sections by the accused. Or the court takes cognizance of the case itself. The accused submits a written statement either accepting the allegations or refuting them. The court then forms the frames and sets dates for examination of witnesses, evidence, arguments. Once both sides have presented their se... Read More

Post By Bhupender Tanwar

Medical Negligence and Liability of Doctor in India

Medical Negligence and Liability of Doctor in India

Medical Negligence law in India: There is no legislation specifically to medical negligence in India. However, the judicial precedence by the court was acted to give compensation to the victims. The supreme court in its several important judgments has tried to define the Medical Negligence law in India. Medical Negligence laws in India are not only covered under the criminal liability of a doctor or other medical practitioner but also in the civi... Read More

Post By Advocate Atishaya Kaushal

Protection of Children from Sexual Offences

Protection of Children from Sexual Offences

ProcedureA 2007 study on child abuse by the Ministry of Women and Child Development showed that about 53.22% of children are facing one or more forms of sexual abuse, most of which are not even reported due to fear, shyness, or external pressure. Thus, there is an immense need to make it child-friendly so that they can avail themselves it. The procedure followed is as follows:Medical Examination of the Child - After it is acknowledged that an off... Read More

Post By Advocate Jobee Paul

A Purview of Cyber crimes in India including Its Way Out

A Purview of Cyber crimes in India including Its Way Out

Documents Required for Filing Various Complaints For Email Based ComplaintsA written statement briefing about the offenseA copy of the spam of suspected email received by the original receiverThe complete heading of the suspected emailHard and soft copy of the alleged emails along with headersThe soft copy should be a copy in a CD-R format Thefts Regarding Social Media ComplaintsA screenshot or copy of the alleged contentA screenshot or copy li... Read More

Post By Advocate Atishaya Kaushal

How Police Interrogation Works

How Police Interrogation Works

Is confession/statement valid when made to the Police?The word “confession” was first used in Section 24 of the Indian Evidence Act. The whole section comes under the main heading of admission and therefore, it is referred that, confessions are just a part of admission. However, confession is not defined under the Act. According to the law of Evidence, the digest of Mr Justice Stephen, confession is defined as an admission made at any time by... Read More

Post By Adv. Kishan

Complete guide on Bails in India

Complete guide on Bails in India

Procedure to get anticipatory bail:  The person, who wants to seek it, must approach the Court of Sessions or the High Court and citing section 438 of the Criminal Procedure Code as well as giving a proper reason, apply for it. If the court, based on a number of conditions and the nature of the case, sees merit in the petition the bail is granted. Hence if and when the person is arrested, he/she will be immediately released on the basis of t... Read More

Post By Adv. Kishan

Complete guide on Dowry Prohibition Act

Complete guide on Dowry Prohibition Act

What is dowry?The term 'Dowry' means any property (movable or immovable), valuable assets (cash, jewellery) etc given or agreed to be given directly or indirectly by one party to a marriage (parents, relatives etc ) to other parties to the marriage. The property or asset demanded must be given in connection to marriage.Who would be an offender under the law?According to section 3 of the Dowry Prohibition Act, 1961, it is an offence to both who ta... Read More

Post By Adv. Munish Malik

Rising Menace of False Rape in India

Rising Menace of False Rape in India

Rape in India as an offence was introduced with the enactment of Indian Penal Code 1860, since then a lot of changes have been introduced in the offence. Its scope has been made wider to include all kinds of acts that outrage modesty of a woman. Not only the bare text has been met with changes but also the perception of society towards it has changed a lot. Not a long ago a rape victim had to face taboo in society, under most circumstances she wa... Read More

Post By Adv. Prakash Khandelwal

Criminal law amendment bill

Criminal law amendment bill

The criminal law amendment Bill was signed into force by the President of India on 26th February 2019. The Bill further aims to amend the provisions of the Indian Penal Code, 1860, The Code Of Criminal Procedure,1973 and The Indian Evidence Act,1872.The main objective of the bill is to recognize and cater to the long due recognition and to make our Indian criminal law inclusive of the third gender. It further needs to acknowledge the existence of... Read More

Post By Kritika Bhatt

Law of bails

Law of bails

Circumstances in which release on bail is imperativeCases other than those of non-bailable offences, Section 436 provides that when a person, not accused of a non-bailable offence is arrested or detained he can, as of right, claim to be released on bail after furnishing the bail bond. This section covers all the cases of persons accused of bailable offences. The right to be released on bail under Section 436 cannot be nullified indirectly by fixi... Read More

Post By Advocate Atishaya Kaushal

The growing rate of cyber crime in India

The growing rate of cyber crime in India

Technological advancements have made a lot of impact in the recent past and it has made man dependent on the internet for most of his needs. Whether it is about payment at a restaurant or finding the right soulmate, now everything has moved online. While these technological advancements make life simpler and easier, with them also comes a threat known as a cyber crime which has gained major light in recent times.According to 2017 statistics, whic... Read More

Post By Shreya Mintri

What are Cyber Laws in India?

What are Cyber Laws in India?

All these rules and regulations are intended to establish healthy and secure cyberspace as technology advances and reliance on digital platforms increases. It is obvious that a major step in this direction is the enactment of the Information Technology Act 2000 in accordance with the United Nations Commissions on International Trade Law (UNCITRAL) model law. The United Nations Commission on International Trade Law urges the countries to enact sui... Read More

Post By Advocate Chandni Joshi

Complete Guide on Cognizable and Non Cognizable Offence

Complete Guide on Cognizable and Non Cognizable Offence

Non- Cognizable offence: A “non-cognizable offence” is one for which a police officer does not have the ability to arrest without a warrant, and a “non-cognizable case” is one in which a police officer does not have that authority. A non-cognizable offence is one that is classified in the Indian Penal Code's first schedule and is bailable. In the case of a non-cognizable crime, the police cannot arrest the suspect without a warrant, nor c... Read More

Post By Bhupender Tanwar

Want to file a Writ Petition? Here’s all you need to know

Want to file a Writ Petition? Here’s all you need to know

Certiorari: The writ of Certiorari literally means "to certify" or "to notify." This writ is issued by a higher court to a lower court or tribunal, instructing them to either transfer or quash a case standing before them. It is issued due to an overreach of authority, a lack of authority, or a legal error. It not only avoids, but also corrects, judicial errors.The purpose of these writs is to prohibit public officials from abusing their power. Th... Read More

Post By Bhupender Tanwar

Alcohol kills - All you need to know about drinking and driving

Alcohol kills - All you need to know about drinking and driving

Alcohol affects you in a way that changes your judgement, depth perception as well as vital motor skills required to drive safely. It's easy to think you are driving normally when truly you are not.Getting into an accident your life could be lost as well as any others who too are involved in this accident.Getting behind the wheel of a vehicle – car, truck, motorcycle or any other motorized vehicle – after consuming alcohol is a serious ... Read More

Post By admin

Complete Guide on Information Technology Act 2000

Complete Guide on Information Technology Act 2000

Offences under the act: The IT act 2000 lays down cyber offences and provides punishment for the same. The classes of offences are:Tampering with the computer source documents: IT Act section 65 deals with tampering of computer source documents, Publishing obscene information in electronic form. This section punishment with imprisonment up to three year, or with fine which may extend up to two lakh rupees, or with both for such an offence. H... Read More

Post By Advocate Ankeeta Appanna

Ragging in Educational institutions in India - Know its Law and implications

Ragging in Educational institutions in India - Know its Law and implications

Consequences and Effects of Ragging: There are so many incidents that happen in one’s life maybe one time, but it leaves the scare forever. Ragging is one of the incidents that happen in life that has a long-lasting effect. For some it’s a nightmare, for some it becomes the worst experience and for some, it becomes a trauma. The effects or consequences of ragging are:Ragging is the incident that affects someone’s life very badly and due to ... Read More

Post By Advocate Neeraj Sansaniwal

How to lodge an FIR in India?

How to lodge an FIR in India?

If the subordinate officer is also not lodging an FIR then under section 200 of the CrPC the informant can complain in front of the magistrate orally or in writing about the offence or the crime. If the complaint is filed in front of the magistrate it will be treated as a complaint case and the magistrate will on oath examine the witness and the informant and if the offence is cognizable offence then the magistrate can order the police officer to... Read More

Post By Advocate Debasis Mitra

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