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 … Read more
Landmark Judgment on Section 141 and 149 of IPC Ingredients of Unlawful Assembly in India – Section 141 of I.P.C. Ingredients: (i) An assembly of five or more persons; (ii) A common object; (iii) The common object must be one of the five mentioned in the section; (iv) Such object is common to all the … Read more
Anticipatory Bail- PART- III Important Supreme Court Case on Anticipatory Bail Landmark Supreme Court Case on Anticipatory Bail. The CrP.C. does not define the words Anticipatory bail in section 438. This misnomer i.e. ‘anticipatory bail’ becomes operative only on an arrest. … Read more
Anticipatory Bail Case PART-II 41. Parvinderjit Singh v. State (u. Chandigarh) [03/11/2018] Anticipatory Bill- Fraudulent Act – Embezzlement Citations: 2009 AIR 502 : 2008 (15) SCR 155 : 2008 (13) SCC 431 : 2008 (11) … Read more
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 … Read more
Hierarchy of Criminal Courts and their powers to pass sentences 1. SUPREME COURT (Any sentence authorized by law) 2. HIGH COURT (Any sentence authorized by law) 3. SESSIONS COURT (Sessions Judge, Additional Sessions Judge- any sentence authorized by law; sentence of Death is subject to confirmation by High Court) 4. Assistant Sessions Judge (Imprisonment up … Read more
Overview of CHARGE (ALLEGATIONS) under CRPC Introduction The charge is the establishment of the allegation(s) against the accused in a criminal case. The inspiration behind a charge is to inform an accused individual, precisely and succinctly of the issue with which he is charged. It must pass on to him with adequate clearness and certainty, … Read more
Difference between procedure of trial for Warrant and Summon Case INTRODUCTION In cases instituted on a police report, a lot of record made during the investigation by police is made available to the court and to the accused person. Chapter XIX of Code of Criminal Procedure is considered under three heads: Cases instituted on a … Read more
WHAT IS BURDEN OF PROOF UNDER THE INDIAN EVIDENCE ACT Burden of proof Introduction – Chapter VII, S.101 to S.114 of the Indian Evidence Act deals with the provisions of “burden of Proof”. The word ‘burden of proof’ has not been defined in the Evidence Act. It is a fundamental principle of criminal … Read more
Theft, Robbery, Extortion, Dacoity under Indian Penal Code, 1860 The terms robbery, theft, and even extortion seem very similar and even used interchangeably or apparently identical at times in everyday usage lay. However, in the legal sense and within the ambit on the Indian Penal Code, 1860 these terms are distinct and have been very … Read more
