free legal aid
BNSS

Strict Procedure: Trial courts must inform the accused of their right to engage legal aid if they cannot afford a counsel

In this case the Supreme Court granted bail to the appellant after four years of incarceration for NDPS Act offenses, citing parity with a co-accused who had already been released.…

dying declaration
BNS

Since the fitness of the deceased of making dying declaration is proved the statement of murder is believable

bail
Acquittal

Bail: Since the appellant has another case of cheating in which many people are involved and there is no option of escape from trial

Bribe
Acquittal

Payment to secure a government Job is considered a bribe and does not attract offence under section 138 NI Act

investigation
General

Section 193 BNSS: Directions issued on strict adherence to Timelines for investigation and filing of final report

Pocso misuing
General

POCSO: Victim’s contradictory statements cannot form the basis for quashing criminal proceedings but Trial court must careful on misusing this Act

pocso cancellation
General

Before granting bail High Court should have considered the chargesheet filing and available prima facie materials for POCSO offence

POCSO: The necessity of the Romeo-Juliet Clause to safeguard against the misuse
Acquittal

POCSO: The necessity of the Romeo-Juliet Clause to safeguard against the misuse

Legal Drafting - 2
General

Legal Drafting -2: Defining Legal Drafting (A short overview)

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delay
Acquittal

Section 142 N.I Act mandates the delay must first be condoned before taking cognizance till then the it does not figure as a regular matter on the court’s file till the delay is condoned

acquittal
Acquittal

Acquittal: Though circumstantial evidence casts doubt on the homicide committed by the accused but the same is inconclusive without any corroborative evidence and based on mere last seen together

revision
Acquittal

Neither the State nor the Victim nor the Complainant had sought enhancement in appeal but the High Court converted the sentence into a conviction of the accused in a suo-motu revision is illegal

ndps conviction
Acquittal

NDPS: Mere non-compliance or delayed compliance with section 52-A is not fatal unless irregularity affecting the integrity of the seized substance

appeal against acquittal
3 judge bench

Who can prefer the appeal against acquittal in the case initially registered by state police later transferred to CBI investigation is left open to decide in a suitable case

The Supreme Court has ruled on appeals against the acquittal of Amit Aishwarya Jogi, who was tried for a 2003 murder conspiracy. The Court dismissed the State of Chhattisgarh's appeal,…

section 319
Acquittal

Section 319 Cr.P.C: Trial court can decide whether an application under section 319 Cr.P.C should be decided with or without waiting for cross-examination

dowry death
Acquittal

Dowry death: Demand is for celebrating birth of male child and not for marriage further difference between admissibility and acceptability/reliability is explained

Stridhana Property: Section 406 IPC: Stidhana Property complaint can be filed only by the wife or by the power of attorney executed by her
Acquittal

Stridhana Property: Section 406 IPC: Stidhana Property complaint can be filed only by the wife or by the power of attorney executed by her

ndps
Acquittal

NDPS Act: Accused statement under section 67 NDPS was relied by the Trial and High Courts but inadmissible in evidence

Impeachment
Ad. Ramprakash Rajagopal

Impeachment Proceedings and Role of Lawyers

james raja
Ad. James Raja

The Tamil Nadu Rent Act, 2017 Needs Constitutional Correction

don't stray
Ad. Ravindran Raghunathan

DON’T STRAY

caste census
Ad. James Raja

Caste Census: A Constitutional Necessity?

bailable offence
Articles

Legislative Continuity and Procedural Disruption

abatement
BNSS

Abatement: If a particular proceeding shall be instituted and prosecuted by a particular person only then on his death the proceeding would abate

suspension of sentence
BNS

Setting aside a bail order (including suspension of sentence) by a higher court is not the same as cancelling bail as the former is concerned with the justifiability and soundness of the order granting bail

remission
BNS

The Sessions Court has no power to sentence the accused to life without remission

false recovery
Evidence

Seizing material objects from the body of the accused and attempted to convert it as recovery is against the principle of section 27 IEA

NDPS
BNS

NDPS: Humanitarian considerations cannot override the statutory minimum punishment mandated by the legislature hence sentence is not reduced

Murder
Evidence

Accused is armed and the deceased is unarmed hence exception 2 (private defence) to section 300 IPC not applicable

witness
Acquittal

Witness did not name any person from the locality who had seen the incident and not a single witness from the locality was examined who had seen the incident

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