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Criminal Defenses & Important Evidences in Cases of Economic Frauds

Economic frauds and/or financial frauds occurs usually when someone deprives you of your monetary resources or injures your financial health through deceptively misleading or illegal procedures. This can be achieved through various ways such as Investment Frauds or Identity thefts. The fraudulent methodology of using someone else’s name and personal details to put the public in deception and gain financial advantage out of them amounts to Identity Theft (Tony Enterprises Vs. Reserve Bank Of India, Writ Petition (Criminal) No. 28823 of 2017). Most of the victim compensation programs operating in India cause unnecessary delays in the disposition of cases and...

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Criminal Defenses & Forensic Evidences in a Murder Trial

The Court Proceedings in India have time and again reiterated the authenticity and admissibility of forensic evidence in criminal cases. Section 45 of the Indian Evidence Act, 1872 provides discretion upon the Court to count upon the opinions of the Court. The Court can form opinions upon any art, foreign law, fingerprint impressions, handwriting, identification of an individual, science, etc., by any person who is especially skilled in that field, called an expert. Any sort of evidence that permits the investigators to link a series of crimes and identify the relatedness in them by knowing the patterns of the crime...

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Laws on Prevention of Gold Smuggling in India: Lawyers Advice

Gold Smuggling is a criminal offence in India and there are different Central laws which prevent and prohibit the same. Having said that, there are a catena of criminal defenses which are available to the accused in the case of Gold Smuggling. There also exists cogent and compelling grounds to obtain Bail in the case of Gold Smuggling. Thus, over here we shall be discussing the entire law on Gold Smuggling in India in the light of top ten leading criminal cases and/or judgments on Gold Smuggling in India. What are the Central Laws on Gold Smuggling in India? Custom Act (CA),...

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Obtaining Bail in a Criminal Case: Lawyers Advice

Unlike a Bailable offence, Bail is not a right of the accused in a Non-Bailable offence in light of the seriousness of the crime committed. Section 437 of Cr. P.C. authorizes the discretion to the Court to release any person who is accused of the commission of any Non- Bailable offence when he is arrested or detained without a warrant by an officer in charge of a police station. The Court has to entirely use its discretion considering the circumstances of the case, bearing in mind the liberty of accused and principles of law. The prime objective behind arresting the...

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Criminal Defense & Obtaining Anticipatory Bail: Lawyers Advice

Under the criminal law it is the Court has the discretion to grant Anticipatory Bail, to any person or an accused person who is apprehending an arrest for any Non-Bailable offence in near future by the virtue of Section 438 of the Cr. P.C. The discretion to grant bail, in this case, is entirely cast upon the Court since the Code does not specifically enumerate any condition, under which Anticipatory Bail can be granted. The accused can submit an Anticipatory Bail Application before the Sessions Court or the High Court. The High Court or the Sessions Court has to apply...

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Criminal Defense & Obtaining Bail: Lawyers Advice

Bail under the criminal law means the release of an accused or a convicted person contingent on personal bond or assurance to adhere to the conditions imposed by the Court. As per the provisions of Section 436 of Cr. P.C., if the supposed crime is a bailable offense, then the accused person shall be entitled to bail as a matter of his right before the police station itself or presuming it is referred to the Magistrates Court, then it shall be granted before the Magistrates Court. Bail is in point of fact an individual’s right and not his privilege. The...

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