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Criminal Laws

Various aspects on Criminal procedure code Crpc, the evidence act & the Indian penal Code, First information Report (FIR), Bail & non-bailable Warrant
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Criminal law governs crimes, including felonies and misdemeanors. Crimes are generally referred to as offenses against the state. The standard of proof for crimes is "beyond a reasonable doubt." For information on particular crimes or issues surrounding the criminal law, please select from one of the topics below.

Criminal law in India means offenses against the state, it includes felonies and misdemeanors. The standard of proof for crimes is "beyond a reasonable doubt." Criminal law is governed by Indian penal Code, Crpc, evicence Act etc.

A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts.

The term criminal law means crimes that may establish punishments. In contrast, Criminal Procedure describes the process through which the criminal laws are enforced. For example, the law prohibiting murder is a substantive criminal law. The manner in which government enforces this substantive law through the gathering of evidence and prosecution is generally considered a procedural matter.

Crimes are usually categorized as felonies or misdemeanors based on their nature and the maximum punishment that can be imposed. A felony involves serious misconduct that is punishable by death or by imprisonment for more than one year. Most state criminal laws subdivide felonies into different classes with varying degrees of punishment. Crimes that do not amount to felonies are misdemeanors or violations. A misdemeanor is misconduct for which the law prescribes punishment of no more than one year in prison. Lesser offenses, such as traffic and parking infractions, are often called violations and are considered a part of criminal law.

First Information Report (FIR):
The first information report means an information recorded by a police officer on duty given either by the aggrieved person or any other person to the commission of an alleged offence.
Who can File an FIR?
Where to File an FIR?
Why FIR should be filed promptly
Is there time duration fixed for Filing an FIR?

Supreme Court Guidelines on FIR
Supreme Court has given Directions to be followed in regards to Registration of an FIR, these directions are discussed

Rights of Arrested Person: One of the basic tenets of our legal system is the benefit of the presumption of innocence of the accused till he is found guilty at the end of a trial on legal evidence

Circumstantial Evidence:
Circumstantial evidence is used in criminal courts to decide the fate of accused by establishing guilt or innocence through reasoning. According to Benthem witnesses are the "eyes and ears of justice". But testimony of witnesses is not always credible; therefore, facts are provable not only by witnesses but also by circumstances.

In words of Stephen Leacock
My evidence for this assertion is all indirect, it’s what we call circumstantial evidence the same the people are hang for. Giving the importance of circumstantial evidence in criminal cases and discussing the present role of circumstantial evidence, in nailing the two most leading cases, of Manu Sharma and Santosh Kumar, the same evidence that the trial court had dismissed as being insufficient or inadequate for conviction. Although it seems self-evident, that meaning of evidence must be articulated first, before the next steps in the analytical process may be pursued.

Historical Background of Circumstantial Evidence
Circumstantial evidence is not considered to be proof that something happened but it is often useful as a guide for further investigation. An example from genealogy would be that if census records showed several people with the same surname lived at the same address, likely relationships could be inferred from age and gender. Circumstantial evidence is used in criminal courts to establish guilt or innocence through reasoning. They also play an important role in civil courts to establish or or deny liability

Analysis of the term Evidence
Evidence" is the raw material which a judge or adjudicator uses to reach "findings of fact". The findings of fact that the evidence generates are - for all their flaws - "what happened" for all intents and purposes of the legal proceeding. If you do not agree with the fact-finding that has been made (or even if you know it to be wrong), recognize that the rules of evidence are the best rules that law know of to reach the necessary goal of fact-finding

In its original sense the word ‘evidence’ signifies, the state of being evident i.e. plain, apparent or notorious. But. It is applied to that which tends to render evidence or generate proof. The fact sought to be proved is called the principal fact; the fact which tends to establish it, the evidentiary fact
Rights of Arrestee: Arrest is taking away certain rights of a person by the poce authority, who is apprehended for some danger or threat to the society.......

Law of Evidence: S.45 of Law of Evidence has been lacking in various aspects. Neither it is according to contemporary needs nor it has been made so to suit the present day need...

Indian System of Bail: he concept of bail, which is an integral part of the criminal jurisprudence, also suffers from the above stated drawbacks...

Landmark Cases on Criminal law:

# Sexual harassment
# SC Judgments on IPC- 498a
# Criminal laws judgments
# K. M. Nanavati V. State Of Maharashtra
# Ram Singh & Ors vs Col. Ram Singh
# Smt. Amrit Kaur And Ors. vs Chaman Lal And Anr
# Sardaran And Ors vs Sunderlal Baldeo Prasad
# Thakur And Ors. vs State
# R.K. Dalmia v Delhi Administration
# S. Khushboo vs. Kanniammal & Anr - actress Khusboo allegedly endorsed pre-marital sex

landmark Judgments on FIR:

# State of U.P. vs Krishna Master and Ors
# State of Haryana vs Sher Singh and Ors
# Pedda Narayana & Ors vs State of Andhra Pradesh
# Emperor vs Khwaja Nazir Ahmed
# Ravinder Kumar And Anr vs State of Punjab
# Ram Kumar Pande vs The State of Madhya Pradesh
# Malkiat Singh vs State of Punjab And Ors
# Ram Jag And Others vs The State Of U.P
# Sarwan Singh vs The State of Punjab
# State of Karnataka vs. Moin Patel and others
# Thulia Kali vs The State of Tamil Nadu
# Apren Joseph alias Current Kunjukunju vs. The State of Kerala
# Dharma Rama Bhagare vs The State of Maharashtra
# Vikram & Ors vs State of Maharashtra

Latest Criminal Law Articles
# Rape Law In India, Problems In Prosecution
# Criminal trial
# Changes In The Laws Of Arrest
# White collar crime and its changing dimensions in India
# Criminology
# Need on capital punishment in the context of rape
# Statements Made Under Special Circumstances Sec 34
# Victims, victimization and victimology
# Scope of Imposing Joint Liability under IPC
# Common Intention And Common Object Under IPC
# Secondary Evidence
# Organized Crime In India

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Decriminalization of consensual sex between adults: The Delhi High Court dismissed the Petition in 2004 holding that the question was merely academic and there did not lay a cause of action...

Superior of the superiors: It actually discusses the cause of the crimes that occurs and its solution, with a human right perspective...

Anti-terrorism Laws: The article discusses the major anti-terrorism legislations enacted in India and is an attempt to distinguish the myth and reality behind these legislations.....

Global Terrorism & Major Indian Legislations: This paper has discussed the effectiveness of the provisions of the Indian Penal Code, 1860 in dealing with offences related to global terrorism ..

Honour Killing: ‘Honor crimes are acts of violence, usually murder, committed by male family members against female family members, who are held to have brought dishonor upon the family...

Anti-Terrorism Legislation: Anti-terrorism legislation designs all types of laws passed in the purported aim of fighting terrorism. They usually, if not always, follow specific bombings or assassinations......

Law of Adultery in India: The law of adultery as it stands in India punishes only man, and assumes that in all cases ‘man is the seducer’ and the women, who is an equal participant....

Legitimacy of Adultery Laws in India: the various aspects of Adultery Laws existing in India, which, on analysis would be found to be in want of amendment or change......

Confiscation & Forfeiture of Property: The draft posted is on the code of Criminal Procedure Act, 1973 is Forfeiture and confiscation of property. The chapter in the code of Criminal Procedure Act, 1973...

Intoxication as a Defence: There is general agreement that causing another person's death with deliberate intent is culpable as one of the most serious offences...........

Legalizing Abortion: Legalizing abortion in India is a serious topic as our law and sociological condition is concern. Abortion is now a controversial issue because of the conflict of the rights.......

Status Of Jails In Punjab: The Indian prisons are no better for the reason that economic conditions do not permit to.....

Section 498 IPC: the constitutional validity of the section 498-A with references to cases like ‘Inder Raj Malik and others vs. Mrs. Sumita Malik’ and ‘Wazir Chand vs. State of Haryana......

Motive Preparation and Previous or Subsequent Conduct: complete understanding about the relevance of motive, preparation and conduct from evidence point of ...

Retrospective Operations Of Criminal Law: The great myth of being protected by retrospective laws, especially criminal law is clearly analyzed and examined....

Prison Reforms In Indian Prison System: All men are born equal and are endowed by their creator with some basic rights. These rights are mainly right to life....

Accomplice Evidence in Sexual Offenses: In sexual crimes, the other person usually the woman  may or may not be an accomplice, according as she is, by the nature of the crime, a victim of it or a voluntary partner in it.

Media and Child Protection: With the increasing competition among the different newspapers and news channels at times rights of children are infringed. Recently the National Commission for Protection of Child Rights

Privilege In Matrimonial Communication &  Abuse Of Its Sanctity:
Privileged communications exist because society values the privacy or purpose of certain relationships

Rape - Texual or Psychological -  need to change Section 375 of the IPC, 1860: Is ‘Rape’ merely a word described in section 375 of the Indian Penal Code, 1860, to be interpreted stricto senso?

International Criminal Court and Universal jurisdiction: Background of the emergence and jurisdiction of the International Criminal Court, assesses its significance

Capital Punishment: Revisiting the Abolition-Retention Debate: The Indian jurisprudence is a blend of reformative and deterrent theories. While the punishments are to be....

Anti-terrorism laws in India & The need of POTA:
After the 9/11 attacks on the world trade center the world's outlook towards the terrorist and terrorist organization has changed the laws have

Laws Governing Extradition: ...Abu Salem's extradition: Extradition may be briefly described as the surrender of an alleged or convicted criminal by one State to another

Crimes and Punishments In Iranian Legal System: The legality principle protects individual security by ensuring basic individual liberties against the arbitrary and unwarranted......

185th Report of the Law Commission of India:
Unable to consider its 69th Report, the Central Government re-entrusted the task of reviewing the Indian Evidence Act, 1872......

498A: the status of women in India, the legal provisions which give protection to women against cruelty and how these provisions

Rights of Victims under Criminal Justice System: The victim’s rights rests on a kind of social contract theory, perhaps captured in the preamble to Louisiana’s 1985 victim’s rights legislation

Criminal cartel offences in United Kingdom: A ‘cartel’ is basically, a union of producers, distributors, sellers, service providers or traders, who by contracts between

Treatment And Protection Of Witnesses In India: Witness protection program and witness protection laws are simply the need of the hour

Victims of Trafficking: Trafficking in human beings is a global phenomenon, which has gained

What will u do when police is coming to arrest you: situation of person while police come to arrest him

Prevention Of Corruption Act: Corruption is considered to be one of the greatest impediments on the way towards progress for developing country like India

Res Gestae: It is to know the concept of Res Gestae, to know as to what are the transactions which are admissible under this doctrine

Juvenile Justice-A Comparative Study with U.K: The minors were exempted from the punishments and the fines because there had

Right To Anticipatory Bail: The word Anticipatory Bail is not found in s. 438 or in its marginal note. In fact anticipatory bail is a misnomer as it is not bail presently granted in anticipation of arrest......

Non-Bailable Warrants: The issuance of non-bailable warrants involves interference with personal liberty.....

Decriminalization of Homosexuality In India: Homosexual is a term derived from the Greek word homos, which means ‘the same’. Homosexuality means sex drive oriented towards personal and sexual gratification....

Plea-Bargaining: This is a bit new concept under Indian Law which was introduced after the amendment Act of 2005 in Code of Criminal Procedure. it is showing the present position of Plea-Bargaining...

Restorative Justice & Weaker Sections: Restorative Justice is a problem-solving approach to crime which involves the parties themselves, and the community generally, in an active relationship with statutory agencies....

Forensic Science: What is forensic science? Scope of forensic science and different methods used in forensic analysis...

Adultery- the need for change in IPC: This articles raises various issues with refernce to Section 497 of IPC i.e adultery. It also suggests changes for the same...

Culpable Homicide: In general the term ‘Culpable Homicide’ means unlawful killing which is not classified as murder due to the guilty intention or ‘mens rea’ being absent. It is a term used in Scottish law and amongst several countries where the English Common Law system of Justice is administered...

The 377 Debate: In the wake of the Naz Foundation Judgment this article looks at the struggle which lead to the decriminalisation of homosexuality in a decision by the Delhi High Court...

Role of Character in Evidence Law: Character means the collective qualities or characteristics especially mental and moral that distinguishes a person or thing. Character is the estimation of a person by his community. The general rule is that character evidence is inadmissible....

Best Bakery Case & Law of Evidence: Hearsay evidence in the Law of Evidence has been introduced in sec.60 which gives the direction that oral evidence should be direct. Any evidence coming from a second or third person is said to be hearsay....

Forensic Sciences & Criminology: There is urgent and widespread need for the application of forensic science in criminal investigation. The present day picture of crime investigation and prosecution of criminals, is a sad story...

Presumption as documents 30 years old: Indian Evidence Act does not make an attempt to define what a presumption is. Stephen defines it as a rule of law that courts and Judges shall draw a particular inference from a particular fact, or from particular evidence...

Punishments: Origin & Jurisprudence: We live in a society. Our action may be prolific to us or may avail benefit to us but at the same time those very actions may be detrimental to the other...

facts admitted by the party need not be proved: Facts admitted need not be proved - No fact need be proved in any proceeding, which the parties thereto or their agents agree to admit at the hearing, or which...

Admissibility of the statements made under section 10 of Indian Evidence Act, 1872: Where there is reasonable ground to believe that two or more person have conspired together to commit an offence or an actionable wrong, anything said, done, or written by any one of such person in reference to their common intention..

Rape Laws In India-Appropriate or not:
Rape is a stigma which exists in the society from a long time. The dictionary meaning of word rape is "the ravishing or violation of a woman". The rape victim i.e. a woman as woman cannot commit rape due to biological reasons...

Expert Opinion:
Article is About sec 45 of Indian evidence act and what is the need for expert evidence in certain specific fields like narco analysis and polygraph test...

Whether Right To Life Include Right To Die:
The right to life" under Article 21 of the Constitution has received the widest possible interpretation under the able hands of the judiciary and rightly so. On the grounds as mentioned, Article 21...

No abetment by parties death if right to sue survive:
it is all about No abetment by parties death if right to sue survive. it is about abatement of the suit by the parties if any of them dies during the pandency of the suit...

Leading Questions: The entire corpus juris (body of laws) is broadly classified into 2 categories, i) substantive laws, and ii) adjective laws. Substantive laws are those, which define the rights, duties and liabilities......

Adultery in India: law of adultery and the discrimination under it in light of the now legalized concept of homosexuality and proposes a modified definition of the law of adultery...

Juvenile Justice: The article looks at the issue of age determination in the context of juvenile justice and if the same is prone to misuse. The paper takes a hard look at the law-literally- and adopts.....

Law & Emotions: Law and Emotions go hand in hand. This relation becomes more intimate in criminal law. The flow of emotions strongly governs your conviction under criminal law........

Defence Against Culpable Homicide: this describe all the element regarding self Defence and provide very practical description....

Section 304-A of I.P.C. be a license to kill: Section 304-A was inserted in the I.P.C in the year 1870, for the crimes where neither intention nor knowledge to cause death is present. This section creates an..

Dying Declaration by Rape Victims: A Critical Analysis: Dying Declarations are the statements made by a dying person as to injuries which culminated in his death or the......

Anti-terrorism laws in India: The bomb blasts & terrorist attack in many cities like Jaipur, Ahmedabad, Banglore and attack on Mumbai on 2611.....

Custodial Torture: This article deals with the current scenario with respect to custodial torture in India, the constitutional and legislative provisions that deal with the same and their inadequacy.......

Legalize Abortion In India: Abortion is defined by the Canadian Intermediate Dictionary

Why Do Prosecution Witnesses Turn Hostile:
The most controversial and dilemmatic situation in a judicial process arises when the prosecution witness turn hostile

Whether Section 377 of IPC Constitutionally Valid: It is humbly submitted that the Part III of the constitution primarily carries the common

Domestic Violence Act - Fundamental rights: Domestic violence is sadly a reality in Indian society, a truism. In the Indian
Criminal law Criminal law - Discussion forum
Police officer refuses to register my FIR | Criminal Case against Minor going on for many years now can it be closed? | Wife mentally, physically and verbally abused and tortured by husband | Is it legal to arrest exercising power under section 167 of Crpc | Is it legal to convict accused on basis of evidence recorded by his predecessor | An offence under the Terrorist and Disruptive Activities Act | What Does Section 125 state for maintenance of wives, children and parents |
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Can you Answers the following Criminal procedure & Indian penal Code Questions:
1) What does chapter v of Indian penal Code deal in? 2) What is the maximum punishment for cheating?
3) Which of the following is not an offence of 'grievous hurt'? 4) what kind of Offence is Adultery?
5) Adultery is a matrimonial offence punishable under? 6) Which of the following factors separates robbery from dacoity?
7) When is writ of Habeas Corpus is issued?

Principles of Jermy Bentham and S.C of India | Repeal Of POTA - Justified | Politics Of Constitutional Amendments In India | Uniform Civil Code
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