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Criminal Law

 > Criminal Law (Page 5)

Evidentiary Value of the Statements made to the Police during Investigation

In Sewaki v. State of Himachal Pradesh, 1981 Cri LJ 919, the apex court held that any statement recorded by the police officer during an investigation is neither given upon oath nor is the same tested by cross examination. also, as per the law of evidence, such statement is neither considered evidence of the facts made therein and nor is the same considered as substantive evidence. The statement made to the police has no evidentiary status, as a result no criminal cases can be initiated using the same as evidence under Section 194 and 195 of the Indian Penal Code. Supreme...

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Legal Remedies against False Allegation of White Collar Crime: Lawyers Advice

Meaning and types of White-Collar Crimes: - There are two classes of criminal offences, namely Traditional Offences and Socio-Economic offences or White-Collar Crimes. The former has been in existence since the inception of human civilisation. This mainly includes murder, rape, robbery and dacoity. However, on the other hand, the latter is merely a cause of scientific and technological advancement. Socio-Economic Crimes can simply be termed as the product of the industrial revolution. Socio-Economic crimes or as Sutherland referred it, ‘White Collar Crimes’ are basically those crimes which either affect the health and material welfare of any particular community or the...

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Laws on Cyber or Online Defamation in India: Lawyers Advice

The growth and development of technology has brought substantial changes in the world. With the advent of the internet and social media platforms such as Facebook and Whatsapp, the number of criminals and miscreants in the world has increased. Internet gives the users freedom to publish and disseminate their opinions and thoughts in a much simpler and effective manner. However, this right has been exploited by various Internet users to defame an individual in the name of freedom of speech and expression. The term ‘online defamation’ means publishing of defamatory statement about an individual on Internet which can hurt the...

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Legal Remedies against False Allegation of Cheating: Lawyers Advice

Definition of Cheating and its main Ingredients: Explained: -Under Section 415 of the Indian Penal Code, the word, cheating means deceiving or defrauding someone in order to make him deliver any property to another person, or in other cases consenting that a person shall retain a property. It also involves deliberately inducing someone to do or omit to do some act, which may cause harm or damage to the other person’s body, mind, or reputation. Thus, until the given ingredients are present, an act or omission cannot be said to cheating under the given section:  defrauding...

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Legal Remedies against False Allegation of Corporate Fraud: Lawyers Advice

In S.P Chengalvaraya Naidu v. Jagannath JT, AIR 1994 SC 853, the apex court has observed that “fraud” is basically an act of intentional or deliberate deception with a particular design of getting something through an unfair or undue advantage of another. It has been defined as cheating intended to obtain an advantage of another party. In State of Maharashtra v. Buddhikota Subbarao (Dr.), AIR 1989 SC 2292, “Fraud” has been defined as a faulty representation by one who is aware that the same is not true with the sole intention or deliberation to deceive and mislead the other...

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Legal Remedies available to a Accused in case of Issuance of Proclamation of Proclaimed Offender: Lawyers Advice

Our Constitution does not permit anyone to be damned unprecedented without providing an opportunity to the concerned person. In the case of issuance of proclamation by the court of law, it is important that proper scrutiny of the material facts is undergone for establishing a proper legal procedure. In order to provide proper remedy to an accused having a proclamation issued against him, it is important to establish certain facts and substantial material before the court. Now under Section 81 of the Code of Criminal Procedure, if the court has a reason to believe that anyone against who there is...

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Legal Remedies available to a Accused in case of Issuance of a Non-Bailable Warrant: Lawyers Advice

Under the Section 73 of the Code of the Criminal Procedure, the Chief Judicial Magistrate or a magistrate of the first class may order a warrant to anyone within their local jurisdiction for his arrest. Now, under the clause (1) of the said section, there are few important points which are to be considered before issuing a non-bailable warrant: That the convict has escape,That the convict is a proclaimed offender, orThat the accused has committed a non-bailable offence and is evading arrest. The basic rule of law is that any person who has a non-bailable offence issued against him should satisfy either...

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Legal Remedies available to a Accused in case of Issuance of a Bailable Warrant: Lawyers Advice

Under Section 71 of the Code of Criminal Procedure (Cr.P.C), in the case a court of law is issuing a warrant for arrest against any person, then such court based upon its circumspection endorse upon the warrant that in the case such person implements a bond with ample sureties for his presence before the court at a particular time. Then, unless otherwise ordered by the court, the concerned officer to whom such warrant is directed shall take the security and subsequently release the person from the detention. Furthermore, the concerned officer needs to forward such security to the court. It may...

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Stages of a Criminal Trial: Lawyers Advice

Crime is interpreted differently by different laws and eminent scholars. In sociology, crime is an act that violates an established law and is punishable by the authority through formal sanctions. According to the legal perspective, crime is a type of behaviour defined by an act or statute as deserving of punishment. If any company commits a crime, such a company cannot escape from the legal trial and applicable liabilities unless it is proven that there is no guilt on behalf of the company. The Courts in India are entitled to conduct the trial proceedings in a criminal case. There are...

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Proving Forgery in a Criminal Case: Lawyers Advice

Documents are vital for every business transaction. Documents along with legal compliances make a contractual agreement entered between the companies as legal. Legal due diligence is the process used to verify such documents. It is not always sure that every facts and term stipulated in the document is true. There may be some fraud activities in the documents. This article is all about forgery and the prerequisites for obtaining forgery. Forgery According to the Cambridge Dictionary, the term ‘Forgery’ means an illegal copy of a document, painting or the crime of making such copies. Section 463 of the Indian Penal Code,...

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