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LawFinderBlog » Criminal
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10
JAN
2023

Evidentiary Value of Confession or Disclosure Statement Made by Accused

The subject of confession is not defined in the Indian law. As per Article 22 of Stephen’s Digest of the Law of Evidence, Confession is defined as “an admission made at any time by a person charged with crime, stating or suggesting the inference that he committed that...
28
SEP
2022

Proclaimed Offender

When the criminal law is set into motion against the accused, then the accused has to appear before the investigating officer or before the Illaqa magistrate. Court itself or on the request of the investigating officer may issue warrant of arrest, when the accused do not appear...
04
JUL
2022

A Critical Analysis Of Bailable And Non-Baliable Offences

The concept of bail can be traced back to 399 BC, when Plato tried to create a bond for the release of Socrates. The modern bail system evolved from a series of laws originating in the middle ages in England. In the Magna Carta, in 1215, the first step was taken in granting...
10
JUN
2022

Fair Trial

Introduction to Principles of Fair Trial: There are two systems of Criminal Trial, they are 1. Inquisitorial 2. Adversarial system or adversary system. In Inquisitorial System the Judicial Investigation or enquiry by the Judge where the Public are excluded. This type of system is...
09
JUN
2022

Intervention of third Parties Including Defacto Complainant in Criminal Proceedings

Discussion over the Legality of Intervention by a third party in a Criminal Proceedings has drastically changed over a time. That traditionally No Stranger has a right to intervene in the criminal proceedings in “Thakur Ram v. State of Bihar” cited in AIR 1966 SC 911...
08
JUN
2022

Judicial Remand And Police Custody

INTRODUCTION: I. Article 22(2) of the Constitution of India: That according to Article 22(2) of the Constitution of India that any person arrested & detained in Custody must be produced before the nearest Magistrate within 24 hrs without the authority of Magistrate similarly...
28
MAY
2022

Jail – Bail

“Liberty of a person is foremost important & paramount; Personal Liberty is the paramount essential to human dignity and human happiness the Constitution of India protects the Life and Liberty of an individual. The personal Liberty of a person not merely the right to...
27
MAY
2022

Analysis of Criminal Jurisprudence

It’s all very well to paint justice blind, but she does better without a bandage round her eyes. She should be blind indeed to favour or prejudice, but clear to see which way lies the truth. Satyameva Jayate (Literally: “Truth Stands Invincible“) is a mantra...
26
MAY
2022

What Is Judiciary?

Q.1 WHAT IS JUDICIARY? Judiciary, branch of government whose task is the authoritative adjudication of controversies over the application of laws in specific situations. Conflicts brought before the judiciary are embodied in cases involving litigants, who may be individuals,...
24
MAY
2022

Marital Rape: Marriage Or Rape; Legal Or Illegal?

1. Section 40 of the Indian Penal Code, 1860 (the IPC or the Code) defines “offence“. It provides that, “except in the Chapters and sections mentioned in clauses 2 and 3 of this section, the word “offence” denotes a thing made punishable by this...
30
APR
2022

Sedition

SECTION 124A IPC : The Most Politically Powerful Section? Sedition law was evolved during the British times to suppress and subdue the voice and also imprison the freedom fighters who were criticizing the policies of the British Empire. The law of sedition was first introduced in...
20
DEC
2021

India Needs A Law To Protect The Victims From Wrongful Prosecution

Our Indian Criminal Justice system works on the principle of ‘Fiat Justitia Ruat Caelum‘ which means `Let the Justice be done though the heavens fall’. Despite this Principle, the Wrongful/malicious Prosecution of innocent accused is a common practice in our...
03
AUG
2021

Rarest of Rare

Today I will be writing about the rarest of rare doctrine that is used primarily in criminal law while awarding death penalty to convicts in offences such as that of taking up arms against the state, kidnapping with ransom, murder and also in cases of rape. The most recent...
01
JUL
2021

Electronic Document: Admissibility And Relevancy, In the Light of Section 65B of Evidence Act, 1872

The Indian Evidence Act, 1872, contains special provisions with regard to proving electronic evidence. These provisions have been inserted in the Indian Evidence Act, 1872 by the Act 21 of 2000 with effect from 17-10-2000 by way of sections 65-A and 65-B. Electronic evidence is...
18
MAY
2021

Evolution of Sentencing Policy of India Post-Independence

In 1955 Amendment in Code of Criminal Procedure there was introduced amendment by Section 66 of the Code of Criminal Procedure (Amendment) Act, 1955 (XXVI of 1955) which deleted old sub-section (5) of Section 367 with effect from January 1, 1956. Thus, for capital offences, it...
23
JAN
2021

Custodial Violence-A Barrier On A Democratic System

India as a long-standing democratic country in the world which sets an example to the world, provides for certain rights enshrined by the Constitution of India. But the custodial violence a longstanding phenomenon has become a barrier and a limitation to the fundamental rights...
14
SEP
2020

NDPS Act: To Vitiate Or Not To Vitiate: A Legal Conundrum Survives

This article explores two questions that arose from the recent decision of the Hon’ble Supreme Court in Mukesh Singh v. State (Narcotic Branch of Delhi), the first question is “To vitiate or not to vitiate: A legal Conundrum Survives” and the Second question is...
29
AUG
2020

Data Theft – Issues And Laws

INTRODUCTION With the rapid growth of the Information Technology, serious threats and challenges are being posed by different jurisdictions. Such challenges are not confined to single legal category but are spread out under different heads of law, be it Criminal Law, Intellectual...
19
AUG
2020

Preliminary Assessment Under Juvenile Justice (Care And Protection of Children) Act, 2015 : A Sword or Shield

Introduction After the Nirbhaya’s case the Juvenile Justice (Care and Protection) Act, 2000 had been repealed and The Juvenile Justice (Care and Protection of Children) Act,- 2015 come into the force. In Nirbhaya’s case CCL had played an important role to commit the...
11
AUG
2020

Betting In Sports

The definition of “Betting” as per Black’s Law Dictionary is “Making a bet occurs when there is a chance for profit if a player is skillful and lucky…A play for value against an uncertain event in hope of gaining something of value…It involves...
14
JUL
2020

Eclipse of Rule of Law in the aftermath of the Police encounters of the Gangster Vikas Dubey and his allies

Eclipse Of Rule Of Law In The Aftermath Of The Police Encounters Of The Gangster Vikas Dubey And His Allies – Now Imperative Upon The Apex Court, Human Rights Commissions, Parliamentarians And The Intelligentsia To Bring The System Back On Rails The entire country was shell...
13
JUL
2020

Government’s decision to Decriminalize Section 138 of Negotiable Instruments Act is Right?

(A statement from the Ministry in this regard said: “Criminalizing Procedural Lapses and Minor Non Compliances Increase Burden on businesses and it is essential to re-look at provision, which merely are procedural in nature and do not impact National Security and Public...
30
APR
2020

Basic Principles Of Dying Declaration

Basic Principles Of Dying Declaration Section 60 of the Indian Evidence Act, 1872 (hereinafter referred to as the Act) mandates that oral evidence must be direct, i.e. to say – if it refers to a fact which could be seen, it must be in form of a statement of a witness, who...
16
NOV
2019

Whether an FIR can be registered against a person accused of offence punishable under section 174-A IPC?

What prodded me to write this Article is that in a slew of orders passed by the subordinate courts of Judicial Magistrates, especially in Haryana state, it is usually observed as a general practice that the said courts after declaring the accused a proclaimed offender or...
24
OCT
2019

Need For Review of Full Bench Judgment of Punjab and Haryana High Court In Tata Steel Ltd v. Atma Tube Products Ltd

The `victim’ – the de facto sufferer of a crime – had no say or participation in our adjudicatory process. He was made to sit outside the courts as a mute spectator only. This miserable plight continued for centuries in the corridors of the conventional...
15
OCT
2019

Does Section 27 of Indian Evidence Act, 1872 Need an Amendment?

Suppose a person X is an accused in the offence of commission of murdering Z and he has been arrested by the police. During investigation, X confesses in police custody that he has committed murder of B by giving him knife blow in his stomach and after the murder, he concealed...
19
AUG
2019

Confessional FIR : All You Need to Know

“God removes the sin of the one who makes humble confession, and thereby the devil loses the sovereignty he had gained over the human heart” – Saint Bernard One who is guilty of sin must be punished, but, sometimes a person admits or confesses his guilt to purge...
19
APR
2019

Necessity of Use of Modern Techniques In Investigation and The Parametres Laid In Law- A Brief Note

Criminal system in India is adversarial and not inquisitorial as in Civil Law Countries. ? Modern Techniques in Investigation would lead better results in investigating offences as detailed below: a) Murder, b) Narcotics, c) Accidents, d) Destruction of Public Property including...
19
APR
2019

Witness Protection

“The edifice of administration of justice is based upon witnesses coming forward and deposing without fear or favour, without intimidation or allurements in Court of law. If witnesses are deposing under fear or intimidation or for favour or allurement, the foundation of...
18
MAR
2019

A Case for a Relook at Capital Punishment

Jurists have been debating for centuries whether death sentence should be retained or abolished as a penalty. Debaters on both the sides advance well-founded and highly convincing arguments and consequently lawmakers find it quite difficult whether to retain the capital...
18
MAR
2019

Juvenility Determines Juvenile Justice : A Comparative Analysis – India And USA

INTRODUCTION “Lets figure out ways of keeping our children out of the juvenile justice system and in the classroom so that they thrive. Because if you are in the juvenile justice system, the chances of going into the adult penal system are greatly increased.”...
28
FEB
2019

Personal Liberty And Criminal Justice System

The framers of the Indian Constitution had a vision in their minds while framing the Constitution of India, to foresee certain aspects which although were not acceptable 71 years ago but which could become an integral part of the society with the change and evolution in society...
28
FEB
2019

Plea Bargain

Under the criminal justice system, the offender for any offence is required to be punished as per law of land. It is duty of the State/prosecution to prove the guilt of the accused for the criminal charges framed against him, beyond the shadow of reasonable doubt. However, Plea...
16
JUL
2015

Tying Us Up In Knots

Tying Us Up In Knots Gita, an immigrant from Bihar, has been working in Delhi as a domestic worker since as long as she can remember. Although 40, she is petite and looks severely malnourished. A year ago Gita sent her youngest daughter to work in her place because she was sick...
16
JUL
2015

An Analysis of Recent Amendments in Sexual Offences Laws of India

An Analysis of Recent Amendments in Sexual Offences Laws of India IN our beloved country India, where the cultures are varied and the religions are many, a woman personifies the ideals of purity and modesty. We Indians refer to our country fondly as “Bharat Mata”...
11
MAY
2015

Sodomy

It has been 165 years to the framing of our Indian Penal Code (IPC) under the British Rule but many of our laws still remain archaic. One of the controversial provisions is section 377. Inspired by the Victorian Era moral code, Section 377 criminalizes what it perceives to be...
11
MAY
2015

Juvenile Justice System In India – An Overview

India has approximately over 385 million children i.e. 42% of its population, the largest for any country in the world, placing an enormous responsibility on the state & nation to rear these, as responsible law abiding citizens. They are the representatives of the future of a...
11
MAY
2015

Dna & Criminal Justice System

DNA and Criminal Justice System Era of science and technology has promoted a new dynamic social order that is not only highly competitive but also reflects the transformation in industrialization, demographic transition, and integration of a global economy. On one hand knowledge...
11
MAY
2015

Concept of Plea Bargaining in India – A critical analysis

Introduction Society cries for justice when a crime is committed. It cries more when criminal trial does not commence in time and it loses its faith when justice is denied to the victim because of the delayed trial and non-conviction of the guilty. The Supreme Court declared in...
11
MAY
2015

Immoral Trafficking of Women and Children in India – A Legal Analysis

Immoral Trafficking of Women and Children in India: A Legal Analysis Trafficking in human beings is not a new phenomenon. Trafficking in women and children for commercial sexual exploitation and other abusive purposes is rampant in India. Women, children and men have been...