Criminal

Suspension of Sentence from High Court Chandigarh

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Suspension means to take or withdraw the sentence for the time being. It is an act of keeping the sentence in abeyance at the pleasure of the person who is authorized to suspend the sentence, and if no conditions are imposed, the person authorized to suspend the sentence has the right to have the offender re­-arrested and direct that he should undergo the rest of the sentence without assigning any reason. Section 389 (1) and (2) of Code of Criminal Procedure (Cr.P.C.) deal with a situation where a convicted person can get a Bail from appellate court after filing the criminal appeal. Section 389 (3) deals with a situation where the trial court itself can grant bail to convicted accused enabling him to prefer an appeal. Also Read- PAROLE FROM … Read more

Victim Compensation Scheme for Criminal Cases

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The provisions of Section 357A of the Code of Criminal Procedure govern the compensation for the rehabilitation of victims. This section states that the State Government in co-operation with the Central Government will have to provide compensation to the victim of crime. This Victim Compensation Scheme has been formulated in 24 states and 7 UTs … Read more

All About Getting Bail in Ndps Cases

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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

Contempt of Court

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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

Reinvestigation by Police

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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

When Can Police Do Reinvestigation?

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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

Bail Under Pocso

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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

Anticipatory Bail from High Court

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Bail is temporary release of an accused person who is waiting for his trial. Sometimes bail is given on conditions to guarantee that the person will appear in court. Also Read- ANTICIPATORY BAIL BASICS According to Indian Penal Code there are three types of bail that an accused person can get Regular Bail – temporary freedom given by court until … Read more

Protest Petition to Challenge Police Report

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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

Arrest Under Excise Act

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The Central Excise Act, 1944 was enforced for regulation of implementation and collection of Central excise duty that is imposed on manufacture or production of excisable goods in India. The Central Excise Officer has been empowered to arrest the persons who practice tax evasion, under this act. Also Read- CHARGESHEET IN CRIMINAL CASE   PROVISIONS OF ARREST … Read more

Chargesheet in Criminal Case

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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

Closing of Fir Via Closure Report

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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 Investigation of Your Case by High Court Chandigarh

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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 Complaint to Magistrate

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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

Know About Section 188 Ipc

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Section 188: Disobedience to order duly promulgated by public servant.   Storing Firecrackers Illegally Is An Offence Under Section 188 Of Indian Penal Code. Whoever knowing that , by an order promulgated by a public servant lawfully empowered to promulgate such order he is directed to abstain from a certain act or to take certain … Read more

How to Make a Complaint to Magistrate

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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

Cheating 420 Ipc as an Offence in India

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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

Getting Directions from High Court in Criminal Case

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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

Apply for Bail but When and How?

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About Bail The word Bail is not defined in CrPC but it has to be understood as a concept. Bail means the release of a person from the custody of police and his delivery to the sureties who undertake to produce him in court upon appointed day. Bail materially refers to the release of a person from legal custody on deposit of security … Read more

Arrest Search and Seizure Law in Ndps

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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

Stages of Criminal Trial in India

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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

Parole from High Court Chandigarh

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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

If Proclaimed Offender or Po by Court, Then Read This.

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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

Compromise Quashing in High Court Chandigarh

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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

Directions from High Court Chandigarh

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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

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