Providing adequate representation even for defendants who appear guilty is the best way to protect those who are not. Deborah L Rhode ABSTRACT In any warrant case instituted on a police report, when the accused appears or is brought before a magistrate for the trial, the magistrate shall satisfy himself that he has complied with…
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…
Section 84.15 Sentencing- Battered woman syndrome- The accused woman pleaded guilty to manslaughter on an indictment for murder. She was a young woman aged 20. She began a sexual relationship with the deceased when she was 14 and began to live with him when she was 16. She had a miscarriage and on two occasions…
Introduction Criminal law is a body of rules and statues that defines conduct prohibited by the state because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. Criminal law differs from civil law whose emphasis is more on dispute resolution than in punishment.…
Capital Punishment is also known as a death penalty, execution of an offender sentenced to death after conviction of a criminal offence by a court of law. Indian Criminal justice system is one of the important parts of capital punishment. Evolution of Capital Punishment in India India retained the 1861 Penal Code at independence in…
Introduction The word ‘Tort’ is a Latin term ‘Tortum’ which means ‘twisting out’, implying conduct which is twisted or unlawful. This term was used in due course of time in English Courts for those special wrongs which allowed action in tort to give remedies. Thus, it consists of those wrongs or unlawful acts which violate…
A trial, though not defined in the CrPC hereinafter mentioned as the Code, is commonly understood as the stage of the criminal justice process that begins after the charges have been filed. This process usually ends with either the acquittal or conviction of the accused. The code establishes the process, and the procedure of a…
Section 84.7 Epilepsy, Epileptic Fits and Section 84- Epilepsy usually occurs from early infancy, though it may occur at any period of life. Individuals, who have had epileptic fits for years, do not necessarily show any mental aberration, but quite a few of them suffer from mental deterioration. Religiosity is a marked feature in the…
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…
Analysis of the Right to Die If one were to undertake the Hohfeldian analysis of this right, the jural correlatives brought to question would be right and duty. According to him, every right has a corresponding duty. This means that if X has the right to die, then Y would have the duty to kill…
