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Scope of Section 156(3) CrPC Curtailed- Analyzing the Order of J&K High Court
An order passed by Judicial Magistrate under Section 156(3) of CrPC[i] directing investigation was set aside by the J&K High Court yesterday on the ground that Section 156(3) of CrPC can’t be used at Post-Cognizance Stage. The High Court went further to such an extent that it directed the State Judicial Academy to conduct training…
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Understanding Inquest and its Procedure
Investigation on an inquiry under Section 174 of the Code is distinct from the investigation as contemplated under Section 154 of the Code relating to commission of a cognizable offence. In the present case, the Mumbai Police has done nothing except attempting to stretch the purview of Section 174 without drawing up any FIR. Hon’ble…
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No Transfer of Investigation under Section 406 CrPC; CBI Investigation need of the Hour- Understanding the Rhea Chakraborty’s Case
When truth meets sunshine, justice will not prevail on the living alone but after Life’s fitful fever, now the departed will also sleep well. Satyameva Jayate. Today we saw the much awaited Judgement in Rhea Chakraborty’s case being pronounced by the Hon’ble Supreme Court. The law was already settled through previous pronouncements but still there…
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Supreme Court unlikely to help Rhea Chakraborty – Understanding the Role of Courts during Investigation
The death mystery of Sushant Singh coupled with Supreme Court reserving its order in case of Rhea Charkraborty vs State of Bihar regarding transfer of investigation from Bihar to Maharashtra and competence of CBI to take up investigation has given unfortunate scope to many legal writers to write on different issues touching this case. The…
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Need to make Juvenile Justice Act more Juvenile Friendly
Part-II- Overcoming the LimitationsIn the first part I pointed out areas of concern that need immediate reinforcements. So in order to see the incidence of juvenile delinquency, child abuse and neglect getting reduced over the coming years and society moving towards development and staying free from the thick black marks of this pathological situation, some suggestions for legislative…