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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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Benefits of Executing an Outsourcing Agreement for Foreign Corporations

Nowadays, businesses are persistently adopting Offshore Outsourcing opportunities to minimize the costs involved and intensify the productivity with an ultimate motive of stepping up the shareholder value. In a nutshell, “Offshore outsourcing” is basically the practice wherein Foreign Companies contract out non-core and routine services to third party providers based in a country different from the one where the client company (i.e., the 'outsourcer') is based, with an aim to take advantage of their experience, expertise and efficiency. There exist abundant benefits that the Foreign Companies can avail after outsourcing its services overseas but before anything, both the participating companies...

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Criminal Appeal to the Supreme Court

Supreme Court being the Apex Court of India, is also the highest appellate authority in criminal matters. Under certain circumstances, criminal appeal to the Supreme Court can be made as a matter of right and in other an appeal to the Supreme Court is subject to the certificate of High court or special leave of the Supreme Court.The appeal to Supreme Court in criminal matter can be made in the following ways: (i) Under Article 132 by obtaining requisite certificate from High Court under Article 134A. (ii) As constitutional right of appeal under Article...

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Appreciation of Evidence & Grounds of Bail in a Cheating Case

Appreciation of Evidence and the grounds to obtain bail upon being falsely implicated under any of the provisions for cheating, thereof. Section 421 – 424 of the Indian Penal Code (IPC), 1860 deals with Fraud. These sections are apprised hereinbelow: Section 421: Whoever dishonestly or fraudulently removes, conceals, delivers or transfer any property without adequate consideration and with intention to deprive his creditors to levy legal debt from him, shall be penalised with imprisonment upto 2 years, or liable for fine, or with both. Section 422: Any person who dishonestly or fraudulently prevent any demand or debt being due to himself, or...

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