Compliance of Section 50 of the NDPS Act while Making an Arrest The Narcotic Drugs and Psychotropic Substances Act, 1985 prevents any person tomanufacture, possess, sell, purchase, transport, and consume any narcotic drug or psychotropic substance. Its main objective is to combine and amend the existinglaws relating to Narcotic Drug and to develop strict provision for … Read more
Section 156 (3) of CrPC states that rules about a police officers power to investigate a cognizable offence. 156 states that: (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station … Read more
ALL YOU NEED TO KNOW ABOUT FIR The statements under section 154 of CrPC are considered to be FIR; this nomenclature is given to the court under section 207 of CrPC, which provides that the statements of section 154 are FIR. The object is to bring criminal law into motion on basis of which under … Read more
HOSTILE WITNESS Hostile witness is a witness who refuses to tell the truth in a court of law after having previously sworn that he would; or if he is open against the party who called him as a witness. The side that calls the witness, be it the prosecution or the defense, believes the witness … Read more
Contempt of Court is generally referred as the offence of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice and dignity of the court. There are two categories of contempt: being disrespectful to legal authorities in the courtroom or … Read more
Section 438 of the Code of Criminal Procedure lays down the provisions for Anticipatory Bail. Bail means temporary release of an accused person awaiting trial on payment of bail, defined as Security such as cash, a bond, or property, pledged or given to a court by or on behalf of one accused of committing a … Read more
Who is a Proclaimed Offender? A proclaimed offender is a person who escapes the legal procedure against him. The court declares such a person as a proclaimed offender and requires him to appear at a specific time and place in not less than thirty days. Section 82 of the Code of Criminal Procedure defines the … Read more
To begin with let us analyze powers of investigation by the police first. Supreme Court in the case of Amrutbhai Shambhubhai Patel v. Sumanbhai Kantibhai Patel & Ors, 2017 dwelt upon the three facets of investigation as follows: (i) initial investigation (ii) further investigation and (iii) fresh or de novo or re-investigation. Initial investigation is the one which … Read more
To begin with let us analyze powers of investigation by the police first. Supreme Court in the case of Amrutbhai Shambhubhai Patel v. Sumanbhai Kantibhai Patel & Ors, 2017 dwelt upon the three facets of investigation as follows: (i) initial investigation (ii) further investigation and (iii) fresh or de novo or re-investigation. Initial investigation is the one which … Read more
The prevention of child sexual offences act was formulated in 2011 and was enacted in 2012 in lieu of the increasing knowledge of sexual offences against minors which in India by that time covered approximately 24% of the total offences in our nation to add to it these children have suffered by the person who … Read more
The purpose of Law is not only to punish the guilty but also to rescue the innocent. Sometimes false cases are being filed on the innocent. These cases are frivolous and should not be pursued against the alleged person. Supreme Court and High court has power to quash a FIR such cases. The Apex court … Read more
If the courts have power to grant bails then they also have the power to cancel it. Admission to bail has a risk that the defendant will not reappear in the court if he is given liberty. So the Legislature provides for cancellation of bail under such situation. In the Code of Criminal Procedure 1973 … Read more
Judiciary had played an important role towards increasing the role of the victim. One of the important judicial creation in this direction is Protest Petition. Though this term ‘Protest Petition’ is nowhere defined under the Criminal Law in India but when the aggrieved person or complainant is not satisfied with the police report which filed … Read more
A legally enforceable debt means the debt which is contracted in accordance to law and which is not opposed to public policy, i.e., wagering contracts, debt obtained for running brothel or a gambling house, etc. When it is said it is illegal or unlawful consideration, it cannot be at any stretch of imagination be called … Read more
Criminal Charge: An accusation of crime formulated in a written complaint , information or indictment and taking shape in a prosecution. Criminal Case: Prosecution by the State of a person or organization for committing a public wrong considered as offence against the state. Standard of proof for crimes is higher than for civil wrongs and for major … Read more
The term “report” has been defined to mean “to give an account of, to relate, to tell, to convey or disseminate information, communicate; deliver information; make an announcement; make known; speak about, specify”. It is a formal oral or written presentation of facts or a recommendation for action. The term “police report” has been defined … Read more
CBI : Central Bureau Of Investigation. CBI is an investigating agency. It operates under Ministry Of Personnel Public Grievance And Pensions Of India CBI investigate special crimes ,high profile cases, economic crimes and cases of corruption. CBI is headed by a Director , IPS officer. Director is selected for two years by CVC act. There … Read more
Criminal Procedure Code gives the procedure for criminal justice. It gives provisions for investigation, inquiry and trial. Definition of Complaint: Section 2 of Code Of Criminal Procedure Complaint means any allegation made orally or in writing to a Magistrate with a view to his taking action under the code of criminal procedure that some person whether known … Read more
Cheque Bounce case is considered to be a criminal offence under CrPC that imposes 2 years of jail plus twice the amount of cheque. Never take it lightly and don’t issue cheque recklessly. Be it a security cheque. For issuer of the cheque , it is damn easy to prove liability but for accused real … Read more
Complaint is an allegation that a wrong has been done or a grievance suffered. According to Black’s Law Dictionary, a complaint is the initial pleading that states a civil action and states the basis for the court’s jurisdiction, the basis for the plaintiff’s claim, and the demand for relief. The term ‘complaint’ is most generally … Read more
Section 420 of The Indian Penal Court talks about the offence which is committed by the person who cheats another person and thereby induces the deceived to deliver any property. This provision provides punishment for the same. According to the IPC, Section 420 states that whoever cheats and thereby dishonestly induces the person deceived to deliver … Read more
The FIR (First Information Report) is the first and the most important document to set the process of criminal justice in motion. The definition of FIR is given in S. 154 of Code of Criminal Procedure (CrPC). It is basically a written document prepared by the police when they receive information about the commission of … Read more
Directions from High Court are pretty much necessary for registration of FIR if police party is not inclined to support your case. This is what exactly happened in this case. Shopkeeper, complainant being assaulted by known traders made a complain to police regarding forceful entry into his shop and manhandling by them. Police taking matter … Read more
Children all over the world are recognised as assets of the state, the future of the states lies in the hand of these young minds. Unfortunately due various social and economic reasons the young generation indulge in illegal acts. With no proper knowledge and care, with lack of opportunities these youngsters ruin their future and … Read more
In what would come as a major relief to many battered women, the Supreme Court on Friday amended an older judgement on provisions of Section 498A of IPC that pertains to domestic violence and dowry harassment. The three-judge Bench has removed the rider of a welfare committee and said that if police thought it necessary, … Read more
INTRODUCTION- Drugs or substance abuse is in rise in many countries. A lot of money is spent not only nationally but also internationally to prevent drug use, treating addicts and fighting drug-related crimes. As drugs threaten many societies, their effects can also be combated successfully by the approach of police manpower and enforcing the law … Read more
The present day economies of the world which are functioning beyond the international boundaries are relying to a very great extent on the mechanism of the negotiable instruments such as cheques and bank drafts and also the oriental bill of exchange prevalent in India, known as ‘hundis’. Since cheque plays an important role in business … Read more
The word bail stands for a conditional release of an accused on trial which is usually temporary in nature. It is a right given to accused in order to give them a chance to live a regular life even when they are under trial. It is a right given in common law system to ensure … Read more
Rape is the one of the most heinous crimes that exists today in the modern society. Rape cases have become so frequent today that it happens at a frequency of an ad commercial which is worst. The standard of society is deteriorating and so as moral. There can be n reasons for the cause but … Read more
The main aim of education is to make a person a good human being and the ultimate goal of the long process of education is to earn a livelihood. Due to a heavy increase in population, there is less avenues for a person which makes him worried and disheartened. This gives an opportunity to the … Read more
Policemen are just like you and me and hate extra work. Do wait for your turn/time they will hear you. Police people are overburdened and short of staff always, irony of this country but some are really genuine and helpful. They will listen only when they want to. Let’s assume you to be innocent and … Read more
We must end corruption at all levels but must not ignore the version of other side when corruption cases are brought before the court. It is seen on many occasions even the innocent government servants are implicated in the garb of PC act or a false graft case in short. Not only has the person … Read more
First don’t panic. This is the best thing to do. Now, talk & engage one of the best/top Cheque Bounce lawyers of Chandigarh Panchkula Mohali District Court. NI 138 Legal Advisors/Attorneys will guide you the best by giving expert advice on Cheque Bounce offence. How to get Bail in Cheque Bounce cases– Since the Negotiable … Read more
Freedom is priceless. Just ask any prison inmate who has not seen the world outside for years. For us, even spending one single day in the jail send shivers across the spine. But world is not so rosy as it seems in the movies and sometimes shit happens and that shit can land you up … Read more
No trial in any Court of Law in India be allowed to continue if the ends of justice are not met. This particular statement is cornerstone of our Criminal laws in the country which is IPC akin Indian Penal Code & CrPC (Criminal Procedure Code). But often it is seen that cases with malafide and … Read more
Police not filing FIR, Police not taking action, Police not taking charge sheet, Police not registering FIR complaint, non registration if FIR, and many more… This is pretty usual for criminal lawyers and advocates to hear every day in courts from client but what they suggest to their clients is what makes the difference in … Read more
CRIME. What’s that? An action or omission which constitutes an offence and is punishable by law. In India, Indian Penal Code popularly known as IPC illustrates what can be an offences and states the punishment accordingly. Also read: Transfer of a Criminal Case from High Court Chandigarh Crimes can be against the state, property, individual, Forces, … Read more
More than 7 months have now gone after the landmark judgment/order of to judge bench of 2 Judge Bench of Supreme Court as passed in Rajesh & ors. Vs. State of U.P. & Anr. issued new guidelines to prevent further misuse of section 498A of IPC meant to protect women being harassed for dowry and facing cruelty … Read more
Before reading anything, let us understand Parole in most simple words. Parole is a temporary release of a prisoner for a special purpose or reason before the completion of the sentence in accordance with the relevant jail rules being followed. Prisons Act of 1894, Section 5(A) speaks about Furlough and 5(B) talks about Parole. The … Read more
Proclaimed Offender or PO is a dreaded word for every respectable citizen whose name is unnecessary dragged into a criminal case and now he fears arrest anytime. In case, the one who is reading this post is declared ‘Proclaimed Offender’ anywhere in Punjab, Haryana or Chandigarh, this post of mine would bring immediate relief. 1.Who … Read more
Recap- Quashing is term given to orders by High Court in general under Section 482 of CrPC exercising inherent powers where criminal proceedings before Trial Court (District Judge, Judicial Magistrate or Session Judge) are dropped or rejected as no prima facie offence is being made out and chances of accused committing the crime is to … Read more
Police authorities not registering your complaint. No action if registered. Even SSP dilly dallying the procedure. OK. The private complaint is filed with Magistrate against accused but trial moving dead slow and no hope of justice anytime soon. If these are your concerns than your remedy lies with Punjab and Haryana High Court at Chandigarh. … Read more
Punjab and Haryana High Court at Chandigarh hear matters pertaining to criminal appellate jurisdiction of all cities in the states of Punjab, Haryana and Chandigarh (UT). Let’s see first what kind of cases come to PHHC short form of High Court At Chandigarh. 1 Regular and Anticipatory Bail matters and any matter connected therewith arising out of same … Read more
Procedure of Cheque Bounce cases 1 Filing with originals- Cheque, return bank memo, legal notice with sent receipts, proof of legally enforceable debt, list of witnesses, and major supporting documents. 2 Preliminary Evidence- Sworn statement or affidavit to magistrate regarding the transaction in lieu of which cheque came in your hand. Once Judge is convinced, … Read more
At the outset only it is illegal as law is silent on this but prior to giving of Cheque, if you sign a service agreement that covers liquidated damages then company may put force behind it for the realization of Cheque. Such service agreement generally shows employee at the receiving end and while leaving the … Read more
What is Quashing-In plain simple words it is rejection as invalid. In legal parlance, it is dropping of proceedings against individuals or a group by High Court only. Criminal Procedure code under section 482 envisages provision for quashing of cases when prima facie complaint is false and the probability of accused committing the crime is … Read more
Criminal Revision can be filed in Punjab and Haryana High Court At Chandigarh if it is maintainable and warranted in law. Remember, u/s 403 Revision is not a right of party but Court’s discretion to entertain it or not. Revision can be exercised suo moto also by the courts. Superior courts will entertain revision applications only … Read more
Post covers Bail, Anticipatory Bail, Regular Bail, Interim Bail in Chandigarh. Know the best from Bail lawyers of Chandigarh Panchkula Mohali Zirakpur Kharar and Derabassi. First of all, let me tell you how many types of bail are there; Bail at Police Station u/s 436 of CrPC– If the offence is bailable and police have … Read more
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