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Proving Attempt to Murder in a Criminal Trial: Lawyers Advice

Under Section 307 of the Indian Penal Code, any person who deliberately does any act with such intention and under circumstances that if execution of the purpose would not have fallen short, the consummation of the act might have charged him with murder. Hence, this section deals with the offence of, “Attempt to murder”. The person convicted under this section shall be penalized with an imprisonment extending up to ten years and shall also be penalized with fine. Furthermore, if the act of a person has caused hurt to the other person, the former shall be imprisoned for life or...

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Proving Abetment of Suicide in a Criminal Trial: Lawyers Advice

The Section 107 of the Indian Penal Code defines, “Abetment of a thing” or simply abetting or instigating to do some something, or engaging with other person in a conspiracy for doing that thing. Other than this, deliberately instigating a person to commit an offence is also recognized as abetment or instigation. In Gangula Mohan Reddy v State of Andhra Pradesh (2010) 2 Cr LJ 2110 (SC), the Hon’ble Supreme Court held that commission of some positive act by the accused is necessary to constitute abetment. Furthermore, abetment or instigation includes a metal process of intentionally aiding someone to commit...

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Laws and Legal Procedure for Reporting Posting & Sharing of Derogatory & Illicit Contents on Social Media; Lawyers Advice

In recent past, across India there has been an upsurge in online hate speeches, offensive comments and illicit contents on Social Media. Now, for an aggrieved, it is important to comprehend some crucial points and legal steps for reporting such content. Firstly, it may be noted that, “Hate Speech” has not been particularly defined under any legal provision in India. However, there are legal provisions under few legislations dealing with Hate Speech, namely, Indian Penal Code, 1860: a. Section 295A of the Indian Penal Code, states that hurting religious sentiments of an individual or group of people...

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Laws Countering and Punishing Cyberstalking in India: Lawyers Advice

Cyber Stalking is a continuous use of internet communication, or other electronic means to stalk, harass, threaten either by sending emails, or messages a particular individual or a group of individuals. Some pivotal points which are to be considered while registering a complaint under different provisions directly or indirectly dealing with instances of cyberstalking: -Under Section 354D of the Indian Penal Code, “stalking” is defined as an offence and anyone who despite having a clear indication that a woman is disinterested in receiving any communication repeatedly indulges in proselytizing such communication or keeps an eye on her use of internet...

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Laws and Legal Procedure for Reporting Posting & Sharing of Derogatory & Illicit Contents on Social Media; Lawyers Advice

In recent past, across India there has been an upsurge in online hate speeches, offensive comments and illicit contents on Social Media. Now, after careful observing the scenario it may be concluded that the centre of these hate speeches is Religion. Other than Religion, Political Ideologies which again has “Religious” touch to them are responsible for hateful speeches. Previously, people were able to hold back such opinions but now frustration and anger have forced them to bring out the poison. Now, practically it is not possible to persuade each and every individual to refrain from making such comments or...

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Relevance of a Charge Sheet in a Criminal Trial: Lawyers Advice

A charge sheet is final report document prepared by the police officer, collecting all relevant materials from all directions. This is done to substantiate accusation of a criminal offence in a court of law. It is filed after the registration of the First Information Report under Section 173(2) of the Code of Criminal Procedure. Difference between a Charge Sheet and First Information Report and some relevant details with respect to the Charge Sheet: -On one hand where the First Information Report contains the offence that was executed, while on the other hand the charge sheet comprises the comprises the name...

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Legal Remedies available against lodging of false First Information Report (FIR) Lawyers Advice

A First Information Report is a document registered by the police for criminal cases under Section 154 of the Code of Criminal Procedure (CrPC). One of the man criterion for registering the First Information Report is that the same can only be registered in cases of cognizable offences. Inherent powers of the High Court and few crucial points to be understood by the accused before submitting any petition to quash the First Information Report: -The Section 482 of Code of the Criminal Procedure confers the High Court with some inherent powers which allows them to give any order that might...

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Effect of a Charge Sheet on a Criminal Trial: Lawyers Advice

Every day we read in news articles and columns, that a charge sheet has been filed against a person who has committed murder or rape or any other crime so. A few days back we heard that a charge sheet was filed in the cases related to the Delhi riots. The charge sheet had names of 5 persons including Sharukh Pathan. But that raises a question, what is a charge sheet, what does it contain and why is it so important in a criminal trial. Therefore, it becomes pertinent to know about the legal implications involved in a charge sheet....

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Laws & Legal Procedure for Divorce by Mutual Consent

Recently, there has been a rise in the divorce cases filed in India. The coronavirus outbreak has affected the personal lives of individuals by taking its toll on strained couples. Law firms and advocates have reported numerous complaints of couples who want to split-up. This article discusses the laws and the legal procedure that governs Divorce by Mutual Consent. Before 1976, the Special Marriage Act was the only Indian statute that dealt with the provisions of divorce by mutual consent. Two adults married or registered under this act could get their marriage dissolved by mutual consent. Various provisions in India...

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Explaining the Realm of Divorce Laws in India: Lawyers Advice

Marriage is considered sacramental in India. It is believed as the union of two souls. The Act does not use the term ''sacramental marriage'' but is termed as ''Hindu Marriage'' and is accepted as an obligation that needs to be fulfilled by both the spouses for all their lives. Though marriage is considered sacramental but, in case of any dispute between the husband and wife out of the matrimony, either spouse could seek a matrimonial relief or remedy. The Hindu Marriage Act, 1955 defines divorce as the dissolution of marriage. Under the Hindu Marriage Act, various reliefs have been...

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