Define the terms ‘Assault and Battery’
Define the terms ‘Assault and Battery’ Introduction There is a major difference between assault and battery the former is bodily harm or threat or cause of fear in person without any actual physical interference whereas battery is causing harm to the person via direct interference. In any case, if the person hasn’t suffered actual touch […]
NEED FOR CRIMINALIZATION OF MARITAL RAPE IN INDIA
NEED FOR CRIMINALIZATION OF MARITAL RAPE IN INDIA “Sexual assault committed in familiar settingsby assailants known to the victim, including spouses, occur at agreater frequency than those committed in high risk situationsby unknown assailants“[1] Introduction Marital rape is not criminalized explicitly in many countries.[2] Even in developed countries like US , the penalty for sexual […]
Plea Bargaining under Criminal Procedure Code
Plea Bargaining under Criminal Procedure Code Introduction The word “Plea” generally means an appeal, prayer, or a formal statement by the defendant and the word “bargaining” generally means negotiation or settlement and hence the meaning of the word plea bargaining can be summed up as an appeal or a formal statement by the accused for […]
Custodial death and Violence in Indian with Case laws
Custodial death and Violence in Indian with Case laws The concept of custodial death and Violence is not new for the Indian society. During British rule, people have been dying or torture in police custody during the investigation. India has time and again witnessed the basic fundamental rights of the prisoners being shattered and the […]
Difference between Arrest and Custody?
Difference between Arrest and Custody? The words custody and arrested are not synonymous terms. In every arrest, there is custody, but not vice versa. Arrest is a mode of formally taking a person in police custody. Whereas ‘custody ‘ merely denotes surveillance or restriction on the movement of the person concerned. A person may be […]
IPC case law for Judicial Services, CLAT PG, NET (Law)
IPC case law for Judicial Services, CLAT PG, NET (Law) IPC Case Law IPC landmark cases PDF Joint Liability (34/149) R v cruise- section 34 is based upon facts and the decision of the case. Barendra Kumar Ghosh v. King-Emperor (shankaritola case) King v. PIummer Queen v. Sabid Ali – prosecution of common object clarified […]
List of Non-Bailable Offences Under IPC
List of Non-Bailable Offences Under IPC List of Non-Bailable Offences Under IPC 121 Wages War Waging or attempting to wage war, or abetting the waging of war, against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonmt for life […]
Difference between Bailable offence and Non-Bailable offence
The classification of offences into bailable and non bailable offences is an important aspect of the Criminal Procedure Code (CrPC) in India. In India, offences are classified into two categories: bailable and non-bailable offences. Difference between Bailable offence and Non-Bailable Offences Bailable offences: 1. Section 2(a) Cr.P.C. defines: “Bailable offence” means on offence which is shown […]
Distinction Between Cognizable and Non-Cognizable Offence
Distinction Between Cognizable and Non-Cognizable Offence Cognizance means knowledge, whereas offence means anything which is declared unlawful. In legal terms, the acts which are declared wrong under the substantive law are called as offence. On the other hand, cognizance means taking action by a police officer, whenever a police receive any information he has to […]
STAGES OF CRIMINAL TRIAL- With Short Explanation
STAGES OF CRIMINAL TRIAL- With Short Explanation STAGES OF CRIMINAL TRIAL UNDER CrPC Normally a Criminal Trial has to travel through main stages from the lodging of F.I.R. till its judgment, they are as under:- 1. FIR :- Any person can launch prosecution against the person committing any legal […]