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LawFinderBlog » Criminal
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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...