Police machinery is one of the important parts of this country. They play a major role in maintaining law and order in state. From arresting local goons to safeguarding the country from foreign threats, our police department perform all kinds of duties. They help and assist us in every major part. However, this is only…
Rape is just a four-letter word but the female who is being raped is locked in the four walls permanently by our society. According to NCRB data of 2018, 1 rape is reported every 15 minutes. But is it her fault, then why she has to lose her actual identity? she can’t live like others,…
In the case of a Trial initiated by a warrant, the CrPC hereinafter mentioned as the code, has established a provision under chapter XIX, under the name “ Trial of Warrant Cases by Magistrate”. We shall be discussing these provisions, including other related sections, to understand how the procedure works and what role the justice…
Custodial Violence in India Introduction Notwithstanding quick advances in culture and proficiency, it is troubling that custodial death and barbaric misuse are expanding in our country. It is unforgivable that the individuals who should ensure human existence and property are attempting to obliterate it. The basic common freedoms ensured by the Constitution must be denied…
The Code of Criminal Procedure,1973, hereinafter mentioned as the code, is the law that governs the procedural aspects of criminal law. This act establishes the mechanism for conducting trials for offenses that are punishable under substantive laws, like the Indian Penal Code(IPC) and other criminal statutes. The word trial has not been defined under the…
Adultery is having extramarital affairs.It is having affairs with another person who is married or unmarried by a married person.Adultery is a happening which is having drudgery effects on people’s characters. Adultery was a crime until Apex court(Supreme Court) stuck down 497 section of IPC in 2018.But now the liberty or freedom is more exploited…
The burden of proving the offence is always on the prosecution, the prosecution has to prove the offense beyond reasonable doubt. But onus of proving the elements mentioned in Section 84 of the IPC are on the accused (Section 105 of the Evidence Act) To claim the defense of insanity defense have to prove that…
The general understanding of the term “criminal trial” refers to an individual facing a case that is being held to find and convict/acquit them based on the evidence so presented by the complainant and the defence. There are three different types of Trial in India. The Criminal procedure code of India or CrPC establishes the…
The word “appeal” though not defined in the Criminal Procedure Code, 1973, in the English language refers to a legal proceeding by which a case is brought before a higher court to review the decision of a lower court. Thus, as per the hierarchy of the criminal courts in India, one may appeal the judgement…
Kidnapping in India comes under the offences of affecting the human body of offences affecting life. It is listed in Article 359 of the Indian Penal Code 1860. The word kidnapping is made from two words, ‘kid’ meaning child and ‘napping’ meaning stealing which makes the literal meaning of kidnapping as child stealing. Kidnapping is…
