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Anticipatory Bail on the Ground that Alleged Offence does not Imply a Prima Facie Guilt

Allegation of an offence does not imply prima-facie guilt and this can be used as a ground for seeking anticipatory bail. The accused can plead for anticipatory bail if the offence does not show prima-facie guilt. Grant of Anticipatory Bail on the Ground that Alleged Offence does not Imply a Prima Facie GuiltThere are two types of cases. The first category which shows prima-facie guilt of the accused and the second one in which it is not clear if the alleged offence is committed by the accused or not. In the cases where it is prima-facie that the accused have committed...

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Anticipatory Bail on the Ground of Previous Conduct of the Accused

Anticipatory bails are mostly sought on the basis that the accused had no antecedents or the accused had never undergone imprisonment on conviction by any Court in respect of any cognizable offence. Grant of Anticipatory Bail on the Ground of Previous Conduct of the AccusedBefore granting any type of bail, the Court always considers if the accused would repeat the same offence if released on bail or a threat to the society or if the accused have done the similar or any other offence in the past. In case of anticipatory bail applications, the Court has to look into the...

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Anticipatory Bail on the Ground of Previous Relationship between the Accused and the Complainant

Anticipatory bail can be sought on the ground that there is no relationship between the accused and complainant and the allegations are vague in nature or frivolous case is launched against the accused. Grant of Anticipatory Bail on the Ground of Previous Relationship between the Accused and the ComplainantRelationship between the accused and the complainant matters a lot, if the accused have no relation with the complainant, then it also suggests that the case launched against the accused is frivolous and the allegations are made on groundless basis and vice-versa if the accused have any sort of relationship with the...

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Anticipatory Bail on the Ground of the Accused not Tampering with the Evidence or Manipulating the Witnesses

One of the parameters that the Court keeps in mind before deciding whether to grant the bail to the accused or not is to see whether the accused would tamper with the evidence or manipulate the witnesses if granted bail. An anticipatory bail can be sought on the ground that the accused will not tamper with the evidence or manipulate the witnesses. Grant of Anticipatory Bail on the Ground that the Accused not Tampering with the Evidence or Manipulating the WitnessesThe object behind the judicial custody of accused is that the accused do not tamper with the evidence or become a...

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Anticipatory Bail on the Ground of Plea of Alibi

Plea of alibi is a very effecting instrument that can be used as a ground for seeking anticipatory bail. On this very ground, exemption from personal appearance applications are moved, convictions are based merely by proving that the accused was not present at the place of incident. Anticipatory bail can be easily sought on this ground and if the Court is convinced then the anticipatory bail too can be granted. Grant of Anticipatory Bail on the Ground of Plea of AlibiPlea of Alibi can be used as defense by proving to the Court that at the time of commission of...

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Anticipatory Bail on the Ground of Probability of Joining the Police Investigation

Anticipatory bail can be sought on the ground that the accused can help in investigation by joining it. It is also one of the parameters which the Court keeps in mind while deciding whether to grant bail to the accused or not. Grant of Anticipatory Bail on the Ground of Probability of Joining the Police InvestigationAn anticipatory bail can be sought on the ground that there is probability of the accused joining the police investigation and helping the police to seek justice. So, in these cases where there is probability of the accused joining the police investigation, instead of arresting the...

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Anticipatory Bail on the Ground of Intoxication and Influence of any Narcotics

Anticipatory bail can be sought on the ground that the alleged offence was committed by the accused when he/she was intoxicated or under the influence of any narcotics. The accused has to argue that at the time of committing the alleged offence he/she was not in his/her senses. Grant of Anticipatory Bail on the Ground of Intoxication and Influence of any NarcoticsIntoxication is stated as a defense in Section 85 and 86 of Indian Penal Code, 1860. It means that if a person under the influence of intoxication committed any crime, then he/she can take intoxication as a defense against the...

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Differentiating Counter FIR & Counter Complaint: #MyLawyersAdvice

To understand the difference between counter FIR and counter complaint, it is important to understand what is counter FIR and counter complaint. Both counter FIR and Counter complaint is/are nowhere defined in the Criminal Procedure Code (Cr. P.C.) of 1973 but it is filed under Section 154 and section 155 of Criminal Procedure Code (Cr. P.C.) of 1973 respectively. An FIR is the first information given to the police about the commission of a cognizable offence based on which the police starts investigation. And Counter FIR is a report filed by the accused in the original FIR against the...

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Explaining Cross FIR & Counter FIR: #MyLawyersAdvice

An FIR is the abbreviation used for First Information Report. It is the first information given to the police about the commission of a cognizable offence. This report forms the basis on which the police starts investigation. Section 154 of the Criminal Procedure Code (Cr. P.C.) of 1973 deals with filing of a FIR. This information is usually given either by the victim or aggrieved person or by an informant. However in some cases even the person who has been named as an accused in the FIR can also file an FIR against the person who filed the first...

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Insider Threats: A Catastrophic Legal Challenge to IT Security Companies

Role of IT Security CompaniesIT security companies granularly exist for the maintenance of the integrity and confidentiality of the users’ classified information. They are responsible for protecting the data on computers and networks from unauthorized access, data breaches and any damages that can happen in order to avoid misuse of information. IT security is often referred to as Cyber security these days and plays a significant role within the government, military, finance companies, IT infrastructure, hospitals and many private businesses as these sectors have a large amount of data stored on their computer systems that demands security. In India, Information...

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