“If I can love myself despite my infinite faults, how can I hate anyone at the glimpse of few faults”– Alexander the Great. It is said that whoever has the utmost power, ends up committing some atrocities or cruelty against humanity. Handling power with the truest of intention and integrity is hard and seems impossible […]
Under the Code of Criminal Procedure, an aggrieved person has at his disposal two ways for the redressal of his grievances. He may either approach the police or may file a complaint with a Magistrate for the redressal of his grievances. Complaint The term ‘complaint ‘ has been defined in Section 2(d) of the Code
Traditionally, rape was regarded as sexual intercourse by a man with a woman against her will or without consent. But now rape can be committed against men, women, children, animals, etc. It is an unlawful sexual intercourse or any different sexual penetration of the vagina, anus, or mouth of any other person, with or without
Introduction In literal terms, summons is a document which is issued by the court that orders the person upon whom it is served to appear before the court and answer the questions or allegations made against him. It will include a brief explanation of facts and the role of the person in the case. The
In this article the author has brought into focus, section 311 and section 313 of the Code Of Criminal Procedure, 1973 chapter XXIV while throwing light on the constitutional and jurisprudential essence of the CrPC followed by the case laws. Section 311 of CrPC gives power to the court to summon the material witness, to
The term bail is nowhere stated under this code though the word bailable offences and non-bailable offences are defined under Sec 2(a) of this code. According to Black’s Law Dictionary, bail is a process to release a person from legal custody by undertaking that he/she will have to appear at the time of the trial
“Law” is considered to be an enactment of “rule” by a competent authority that possesses power above the subjects. In order to uphold and execute the rules set by the authority, laws can be classified into: (1) Substantive laws that define the wrongful acts and offences and the sanctions for those acts and (2) Procedural
The various laws in existence can be broadly classified as Substantive and Procedural laws. The Indian Penal Code [1] is an example of a substantive law that provides with the definitions of various crimes, the elements of such crimes and their punishments whereas the Code of Criminal Procedure [2] can be placed in the purview
“Investigation” refers to all the proceedings under CrPC conducted for the collection of evidence by a police officer or by any person (other than a magistrate) so authorised.[1] An investigation generally begins after the lodging of a First Information Report (FIR). Investigation can involve the interrogation of accused and witnesses. In order to conduct the
