Distinction between Legal and Medical Test of Insanity The legal definition of insanity is different from the medical one. First is that the medical and legal standards of sanity are not identical. From a medical point it should be said that every person who commits a crime is not sane at that point, he is…
Introduction The practice of awarding punishments is a very important part of the criminal justice system as it a form of society’s manifestation of the admonition of the crime by a collective conscience as specified by Durkheim. The entire goal of punishment can be justified by a sociological perspective and it attains legitimacy by a…
MARITAL RAPE: An Overview A matter of Great concern is running all around the country. Even after many years of independence, Indian women are still living their lives in darkness and fear. Women are taking steps towards a path which has no boundaries of brutality and the future they are opting has no certainty. In…
Introduction When there is no right of appeal available, to avoid any miscarrige of Justice, the Criminal Procedure Code of India, 1973 under the provision of sections 397 to sections 405 talks about the power of revision that is conferred upon the higher courts to help against the same. The Power of revision on the…
Section 85.1 Voluntary Drunkenness- when an excuse – Nevertheless voluntary drunkenness is a factor which has to be taken into consideration at least in two types of cases namely Where a specific intent is an essential element of an offence charged and the evidence shows that the state of intoxication of the accused is such…
WRITTEN STATEMENT OF ACCUSED- Section 243(1) declares that the accused shall be called upon to enter his defence and produce significant evidence. Any written statement introduced by the defence shall be recorded by the Magistrate and filed. Under Section 313(1), the accused shall have the opportunity to be heard and clarify any conditions appearing against…
CONVICTION ON A GUILTY PLEA- The accused can plead guilty to cut short the procedure of law and reduce the punishment for his offence. The Magistrate records the guilty plea and convicts the accused on his discretion. (Section 241) EVIDENCE OF PROSECUTION- Section 242 of CrPC characterizes the procedure with regards to the gathering of…
INITIAL STEPS IN THE TRAIL The initial steps include the filing of a FIR. When the FIR is filed in the police headquarters, an investigation is conducted to discover the facts and relevant details of the case. Once the investigation is completed, a charge-sheet is filed and the documents are forwarded by the police headquarters…
Cases instituted otherwise than on a Police report As per section 244, When, in any warrant-case established in any case than on a police report, and the accused either appears or is brought before a Magistrate, the Magistrate will continue to hear the prosecution and take all such evidence as may be produced in support…
SCOPE The Magistrate’s Court forms the bedrock of the lawful System in India and the process of trials of warrant cases conducted by magistrates. This is explained in the Criminal Procedure Code, 1973, which classifies warrant cases as those that include offenses punishable with death penalty, imprisonment for life and imprisonment exceeding more than two…
