09 June

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Culpable Homicide

Introduction In India homicide is divided into two forms- Culpable Homicide (Section 299 of the Indian Penal Code) and Culpable Homicide amounting to murder (Section 300 of the Indian Penal Code). Both of these have a very minimal difference but these differences prove to be very crucial for the legal system as the delivery of a fair judgment is dependent on these differences. Section 304 of the Indian Penal Code is cognizable, non-bailable, non-compoundable and triable by Court of Session. Meaning of Homicide Homicide is a term which originates from the Latin term ‘Homo’ means human and ‘caedere’ means killing. The act of...

08 June

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Culpable Homicide and Murder

Posted by Abhishek khare

in Criminal Laws

Introduction Section 299 of IPC (Indian Penal code) talks about culpable homicide and Section 300 of IPC deals with murder. There is a faint line difference between both of them. According to Section 299 of the India Penal Code, culpable homicide means the unlawful killing of a human being, and this killing becomes murder when the act firstly fulfills the conditions of Section 299 and then fulfills the conditions of Section 300. The punishment for culpable homicide is mentioned under Section 304; if the culpable homicide is amounting to murder then the punishment for murder will be under Section 302. Culpable Homicide...

27 May

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Capital Punishment in India

Posted by Abhishek khare

in Criminal Laws

Introduction In India, the Death penalty is a mode of punishment. Under the Indian Penal Code, 1860, eleven offences are punishable with death. For example-Murder, Abetment of suicide by a minor or insane person, dacoity with murder, etc. Capital punishment/death penalty is a govt. sanctioned practice, where the state shall put to death as a punishment for a crime to a person. The first hanging in India was Nathuram Godse and Narayan Apte in the Mahatma Gandhi assassination case on 15th November 1949. It has been carried out in nine instances since 1995, a total of thirty executions have been taken place in...

23 May

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Examination of Witnesses

Posted by Abhishek khare

in Criminal Laws

Introduction The witnesses when called to prove the facts of the case produce an affidavit to prove his facts or record his statement in the presence of the judge. This record of the statement is called as Examination in Chief. After Examination in Chief, the Cross-Examination takes place. The examination of the witness by asking questions related to the case by an opposite party counsel is called Cross-examination. The examination of a witness subsequent to Cross-examination is called Re-examination. The law of evidence is a system of rules for ascertaining controverter questions of fact. The principal of the Indian Evidence Act, 1872...

15 May

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Cognizance of an offence

Posted by Abhishek khare

in Criminal Laws

Introduction An offence can be categorized into different types on the basis of various factors. One such categorization is that of the cognizable offence and non-cognizable offence. Cognizable offences are those offences which are serious in nature. For example- Murder, Rape, Dowry Death, Kidnapping, Theft, Criminal Breach of Trust, Unnatural Offences. And warrant cases are those cases which are punishable with death, life imprisonment with death or life imprisonment and imprisonment not less than 7 years. Cognizable offence: Section 2(c) of Criminal Procedure Code defines that an offence where a police officer may arrest to any person/accused without a warrant, without consent...

06 March

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Trial Procedure in a Summons Case

Posted by Abhishek khare

in Criminal Laws

As per the Code of Criminal Procedure, 1973, there are three types of trial: Warrant case trial Summons case trial Summary case trial As per section 2(x) of CrPC, a warrant case is a case relating to an offense punishable with death, imprisonment for life, and imprisonment for a term exceeding two years. As per section 2(w), a summon case is the one that is not a warrant case. Section 251 to 259 of CrPC deals with the procedure of trial in a summons case. The first step that is mentioned in Section 251 includes that the accused shall be brought before...

16 January

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LAW OF DEFAMATION

Posted by Abhishek khare

in Criminal Laws

Introduction Violence is done not only by actions but also by words. You don’t know how much your words do affect someone’s mind. The act of defamation is punishable because people do generally speak about anything and after that, the reputation of that person is at stake. As a company or any organization needs time to build its goodwill, the same is the case with the reputation of the person. And then suddenly a statement by any third party will affect the character of that person. In simple words, defamation means disgracing the person’s reputation. Definition and Types The laws related to defamation...

12 December

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First Information Report (FIR)

Posted by Abhishek khare

in Criminal Laws

First Information Report is the earliest form of information recorded for the cognizable offence by an officer-in-charge of the police station. Information given under section 154 of the Code of Criminal Procedure is regarded as FIR. If the information given by the woman against whom an offence under section 326A, 326B, 354, 354A-D, 376, 376A-E, and 509 of Indian Penal Code is alleged then such information shall be recorded by a women police officer. Meaning of Cognizable Offence: An offence in which the police officer has the supreme authority of arresting without a warrant and to be able to start an investigation...

18 November

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How to file a Police Complaint

Posted by Abhishek khare

in Criminal Laws

As per Section 2(d) of the Code of Criminal Procedure, 1973 the complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. The explanation of the concerned section also states that a report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be...

11 September

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Laws of Sedition vs. Freedom of Speech and Expression

Posted by Abhishek khare

in Criminal Laws

Section 124A of Indian Penal Code, 1860 describes the offence of sedition. As per the prescribed section, a Sedition is an act of exciting or attempting to excite the dissatisfaction towards the Government established by law. The offence is punishable with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. In the section the expression “disaffection” includes disloyalty and all feelings of enmity. Mere expression of the disapproval of the administrative or other action of the Government to excite hatred or contempt does not...