19 September

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Laws Countering and Punishing Cyberstalking in India: Lawyers Advice

in Criminal Law, Criminal lawyer, Cyber Laws, Information Technologies, Uncategorized

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...

19 September

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

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Criminal Law, Criminal lawyer, High Court, Uncategorized

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...

19 September

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

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Criminal Law, Criminal lawyer, High Court, Uncategorized

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...

19 September

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

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Criminal Law, Criminal lawyer, High Court, Uncategorized

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...

19 September

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

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Consumer Laws, Criminal Law, High Court, Uncategorized

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....

16 September

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Laws and Legal Procedure for Reporting Online Defamation in India

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Criminal Law, Legal Advice, Legal Advisor, Uncategorized

What is Online DefamationDefamation is defined under section 499 of the Indian Penal Code, 1860 as whoever by words either spoken or written publishes any misinformation intending to harm someone’s reputation is guilty of defamation. The offense of Defamation is punished under section 500 of the Indian Penal Code, 1860. Defamation has the following essentials: i. The statement must be false. ii. The statement must refer to the plaintiff. It means that the plaintiff must prove without any reasonable doubt that the statement referred to him. A definite pointer is not necessary. iii. ...

31 August

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Legal Tips for Quashing of First Information Report (FIR) by the High Court: Lawyers Advice

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Supreme Court, Uncategorized

According to Section 482 of the Code of Criminal Procedure, 1973, the High Courts have been conferred with inherent powers to pass any order to prevent the abuse of the procedure of the court and, otherwise meet the ends of the justice. Now, this inherent power may be utilized in quashing the First Information Report and further criminal proceedings. It may be noted that the First Information Report (FIR) shall only be quashed for offences of cognizable nature. Now, cognizable offences are those where the arrests can be made without a warrant. Also, the same shall be either bailable or...

28 August

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Evidentiary Value of a Ballistic Report in a Criminal Trial: Lawyers Advice

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Legal Advice, Uncategorized

Under the Indian Evidence Act, expert opinion can aid a judge in order to form an opinion on foreign law, science, art or even to identify handwriting during a case. A ballistic expert is someone who is an expert in the study of projectiles. Their help is taken in cases where guns/firearms are involved. This article examines the evidentiary value of such a report in criminal trials along with highlighting relevant judicial pronouncements as well. Ballistic experts work closely with police officers, members of the legal profession and the judiciary as well. The general fact behind ballistics is that, “No...

28 August

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Electronic Evidence & its Evidentiary Value in a Criminal Trial: Lawyers Advice

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Supreme Court, Uncategorized

The 21st century has witnessed a massive evolution in the e-commerce sector, not only in India, but the entire world. While almost everyone has become an avid-user of technology, the courts in India have recognised this change as well. The success of a prosecution, especially during a criminal trial is largely based on the quality of evidence presented by them. Hence, this article seeks to examine the evidentiary value of electronic evidence in India, along with the stance of the Courts as of today. The two broad types of evidence are – • Primary Evidence– This...

10 August

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Laws and Legal Procedure to Report Online Cheating and Fraud: Lawyers Advice

Posted by 360 Digital

in Anticipatory Bail & Regular Bail, Criminal Law, High Court, Supreme Court, Uncategorized

With the advancement of technology and widespread use of the internet, more so ever, today, one of the most prevalent crimes, Cyber Crime, has crept into our society. Due to the WFH culture, there has been a massive increase of these cases in our country. Hence, this article deals with the laws and legal procedures to report this crime. Although the term cyber crime has no legal definition, the Ministry of Ministry of Home Affairs/National Cyber Crime Reporting Portal, defined cyber crime as “Any unlawful act where a computer or a communication device or a computer network is utilised to...

Laws Countering and Punishing Cyberstalking in India: Lawyers Advice

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

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

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

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

Laws and Legal Procedure for Reporting Online Defamation in India

Legal Tips for Quashing of First Information Report (FIR) by the High Court: Lawyers Advice

Evidentiary Value of a Ballistic Report in a Criminal Trial: Lawyers Advice

Electronic Evidence & its Evidentiary Value in a Criminal Trial: Lawyers Advice

Laws and Legal Procedure to Report Online Cheating and Fraud: Lawyers Advice

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