ILLEGAL SEARCH AND SEIZURE AND ITS CONSEQUENCES

ABSTRACT Search and seizure is a procedure under both civil law and criminal law in which the police or other authorities and their agents commence a search of a person’s property and confiscate any relevant evidence found in connection to the crime. The search and seizure are practised to gain sufficient evidence to ensure the … Continue reading ILLEGAL SEARCH AND SEIZURE AND ITS CONSEQUENCES

CHARGES UNDER CrPC

ABSTRACT Every charge under the CrPC states the offence for which an accused is charged. the purpose of the charge is to inform the accused, for which offence he is being charged. It is important to let know the accused clearly and with a certainty of the charges which the prosecution has charged against him. … Continue reading CHARGES UNDER CrPC

All About Bail

Abstract- According to Black's Law Dictionary, what is thought to be bail is to "obtain a person's release from custody, by making him or her appear immediately and in a fair manner and presenting himself or herself to the law and the judiciary." Bail is widely used to provide for the release of a defendant, … Continue reading All About Bail

Kerala HC: Complaint to Magistrate should be backed with an affidavit

The High Court of Kerala in Prashant v. CV Kuriakose and anr.  emphasised that allegations which are made in a Criminal Complaint before a Judicial Magistrate should be backed by an affidavit which shall state that the complainant believes that the imputations made by him in his complaint are true to all his knowledge to keep … Continue reading Kerala HC: Complaint to Magistrate should be backed with an affidavit

No bar in filling Anticipatory bail application in Triple Talaq cases: But should plead reasons for not approaching Magistrate

Kerela high court stated that Anticipatory bail application under section 438 crpc is not barred where the offence lies under the Muslim Women (Protection of Rights on Marriage) Act, 2019.A single bench of Justice PV Kunhikrishnan stated that the accused should specify the reasons for not approaching the Magistrate under section 7(c) of the act … Continue reading No bar in filling Anticipatory bail application in Triple Talaq cases: But should plead reasons for not approaching Magistrate

Delhi HC: Victim shall be issued Notice in Bail Proceedings in all POCSO Cases

In the case of Miss G (MINOR)Through: Ms. Tara Narula, AdvocateVs State of Delhi The court said non-issuance of notice to the complainants or victims is not merely a procedural lapse, but is clearly contrary to the unequivocal legislative mandate and settled law. Section 439 of the Code of Criminal Procedure-(a) In sub-section (1), after … Continue reading Delhi HC: Victim shall be issued Notice in Bail Proceedings in all POCSO Cases