Criminal

Whether accused is entitled to Default Bail
When Charge Sheet/Challan couldn’t be filed in Statutory Time due to Restraint order of Superior Courts

The article focuses on a unique situation faced by the trial courts. It happens sometimes that Hon’ble High Court or Supreme Court through their orders stops investigation for the time being or direct investigation authorities not to submit challan/final report until further orders or direct the investigation conclusion report to be filed by a ranked […]

Whether accused is entitled to Default Bail
When Charge Sheet/Challan couldn’t be filed in Statutory Time due to Restraint order of Superior Courts
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Accused in Police Custody- What is the correct approach-Bail being non maintainable or it deserves rejection

Introduction Article 22 (2) of the Constitution of India[i] and Section 57 of CrPC[ii] give a mandate that every person who is arrested and detained in police custody shall be produced before the nearest magistrate within a period of 24 hours of such arrest excluding the time necessary for the journey from the place of

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Understanding (Spot Panchnama / Site Inspection Memo / Naksha Mauka), their procedure, often raised objections and evidentiary value

Introduction The word panchanama is not defined anywhere in law. The word panchanama has significant value as it is used by almost all the courts in number of cases. Not only the Criminal Courts but also the Civil Courts rely on document named panchanama to check veracity and truthfulness of the action taken by Officers

Understanding (Spot Panchnama / Site Inspection Memo / Naksha Mauka), their procedure, often raised objections and evidentiary value Read More »

Defamation of Deceased-
Analysing the sustainability of action from Criminal and Civil Law Perspective

Before starting, the author wants to show his heartfelt gratitude to Mr. Vishal Vyas, Civil Judge Cum Judicial Magistrate First Class, Rajasthan Judicial Services for providing his valuable insights and relevant case laws on the topic. The inspiration to write this article has been taken from Seminar Paper prepared by Mr. Vyas for the quarterly

Defamation of Deceased-
Analysing the sustainability of action from Criminal and Civil Law Perspective
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What is the Fate of a Criminal Case when the Complainant/Informant dies without proving the FIR

It is very well settled that Crime is against the society as a whole and state prosecutes the accused on behalf of the victim/society. But there might be some peculiar situations where the person who lodges the First Information Report with the police (he may be merely a witness who saw the incident or he

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