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Right to Privacy in the light of Pegasus Scandal

“A man’s house is his castle”, a well-known saying which implies the inherent right to privacy that every human being possess. Every human being has the right to prevent the disclosure of intimate details of their life. Right to Privacy simply allows a person to be left alone.Right to Privacy is one such right that came into existence due to wide interpretation of Article 21 of the Constitution of India. The Constitution of India does not explicitly provide for the right to privacy as a Fundamental Right. Article 21, the heart and soul of the Indian Constitution, provides for an...

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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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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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Criminal Defense & Quashing Criminal Proceeding In Case Of Fraud: Legal Advice

Hereinbelow, the best criminal defense is being apprised that would help the accused, who is maliciously charged with the offence of Cheating, to save his money, time and reputation. The criminal defense would also save the accused from agony of the court room and trial. The term fraud is not defined in the Indian Penal Code (IPC), 1860 but its implication is given under section 421-424 of the Indian Penal Code (IPC), 1860. TThese sections are apprised hereinbelow: Here the, grounds to obtain bail easily upon being falsely implicated under any of the provisions for cheating, thereof. Section 421 – 424...

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Criminal Defense & Quashing of Criminal Proceeding in case of Cheating: Legal Advice

Section 415 of the Indian Penal Code (I. P. C.), 1860 defines Cheating as when any person, by betraying any person, dishonestly or fraudulently induces such deceived person to deliver any property, or to do or omit to do any act that he would have not done if he was not deceived, and thereby such deception could cause or likely to cause damage or harm to deceived person in mind, body, property or reputation. Section 417 penalises cheating with imprisonment of upto 1 year, or with fine, or with both. Section 416 of the Indian Penal Code (I. P. C.), 1860...

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Criminal Defenses against False Allegation of Rape

As per the report of the Delhi Commission of Women, in 2014 study of the case filed between April 2013-July 2014 revealed that 52.3 % of the cases were false. Date Journalist of The Hindu, Rukmini Shrinivasan, conducted the study of 460 cases that went to a full trial in Delhi district Courts in 2013 and compared the initial complaint made to police with the proceedings of the Court. The outcome of the study was shocking, more than one-third of the 460 cases were false in which woman consummated their relationship and when the woman parents discovered about sexual intercourse,...

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Legal Advice on Countering & Reporting of Cyberbullying

Hannah Hamid was a final year B.Sc (Chemistry) student at a private college in Thodupuzha. She was trolled in the social media platforms such as Facebook, Twitter etc. for selling fish in the market after college hours. A false rumour was also spread that she is an actress who is promoting her film by selling fish in the market. Thereafter, she was stopped by the Police to sell fish in the market and people of her native place also started to misbehave with her. After the intervention of the national media and social activists trolling was stopped and rumours were...

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Ambit of Compensation & Reliefs under a Cheque Bounce Case

In the case of an account payee cheque or otherwise, the legal remedies available are as under • Complaint must be filed within 30 days after receipt of the response to the cheque bounce legal notice, or within 30 days after 15 days from the date of receipt of the notice, provided that no response from the cheque drawing received. However there is a possibility that the Metropolitan Magistrate may in extraordinary circumstances forgive the failure to comply with the 30-day time-frame. • The discretionary nature of the cheque also applies...

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Filing an Appeal in a Cheque Bounce Case

Appeal in case of Acquittal:In a recent instance, the Madras High Court decided that under Section 378(4) of the Code of Criminal Procedure, 1973, an appeal against the acquittal of the accused in a cheque bounce case, can only be filed before the High Court. A High Court Bench comprising of Justices M.M. Sundresh, V Bharathidasan, and N. Anand Venkatesh ruled in the judgement of another full bench in S. Ganapathi v. N. Senthilvel (Crl. A (MD) No. 99 of 2015), stated that “An appeal against a Magistrate's decision of acquittal on a complaint would lie only before...

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