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Category: burden of proof

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burden of proof and political appointment

-May 8, 2024

There is a challenge against a conviction made under section 302 IPC before the Hon’ble Supreme Court. The prosecution's case involves the accused inflicting stab wounds during an altercation to his wife (who is the deceased). The investigation has been completed, the charges have been framed, and the trial has taken place, after section. 313 (b) crpc questioning the Trial…

Section 106 Evidence Act: Yardstick in convicting accused in circumstantial evidence invoking s.106 Evidence Act

-June 27, 2023

Appeal This appeal assails the judgment and order of the High Court of Punjab & Haryana (for short the High Court) dated 01.05.2012 rendered in Criminal Appeal No. 372 of 2002, whereby the judgment and order of the trial Court convicting and sentencing the respondent (Kewal Krishan) under Section 302, IPC has been set aside […]

BURDEN OF PROOF AND ONUS OF PROOF

-June 21, 2023

There is another aspect of the matter which should be borne in mind. A distinction exists between a burden of proof and onus of proof. The right to begin follows onus probandi. It assumes importance in the early stage of a case. The question of onus of proof has greater force, where the question is […]

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Section 4 Cr.P.C

August 18, 2023/

Section 4 Cr.P.C Section 4 of the CrPC provides that all offences under the IPC shall be investigated, inquired,…

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