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Criminal lawyer

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:: Best Criminal Lawyer Advice

"A criminal case or a criminal trial is a very complex preposition. Lodging of Police complaints, registration of FIR, filing bail applications, tendering evidences in criminal proceedings, applying the criminal defenses and preferring an appeal is an entirely difficult process. 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...

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Explaining Cross FIR & Counter FIR:: Best Criminal Lawyer Advice

"A criminal case or a criminal trial is a very complex preposition. Lodging of Police complaints, registration of FIR, filing bail applications, lodging of counter Police complaints, registration of counter FIR, tendering evidences in criminal proceedings, applying the criminal defenses and preferring an appeal is an entirely difficult process. 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...

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Appreciation of Evidence, Criminal Defenses & Grounds of Bail in a Cheating Case: Best Criminal Lawyer Advice

"Appreciation of evidence plays a very important role in not only deciding a criminal case or a criminal trial but also in deciding anticipatory bail application and regular bail application. Further, the evidences play a key role in determining the criminal defenses and also grounds for bail. The tendering of evidences has to be done in the best possible way during a criminal trial. Thereafter, the examination in chief of witnesses, cross examination of witnesses and the reexamination of witnesses happen." Appreciation of Evidence and the grounds to obtain bail upon being falsely implicated under any of the provisions for cheating, thereof. Section...

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Criminal Defense & Quashing Criminal Proceeding In Case Of Fraud: Best Criminal Lawyer Advice

"Quashing of criminal proceedings can only be decided by the High Court. Further, quashing of criminal proceedings largely depends upon the crime committed and the quantum of sentence or punishment for the same. Criminal defenses in a criminal trial do play an important role in quashing of criminal proceedings or quashing of FIR. The conduct of the complainant and the accused also plays a pivotal role." 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...

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

"Quashing of an FIR or quashing of a criminal proceedings before the criminal trial Court happens only after the order passed by the High Court. Before passing orders the High Court reviews the evidence, the nature of the offense or the gravity of the offense, the conduct of the alleged accused and the entire case. Reliance is also placed upon the precedents and the judicial trends respectively." 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...

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Legal Advice on Criminal Defenses against False Allegation of Rape: Best Criminal Lawyer Advice

"Rape is a criminal offense which is non-bailable and non-compoundable in nature. Obtaining a bail i.e. anticipatory bail or regular bail for the alleged accused is a very difficult task. Further, there are limited criminal defenses available to the alleged accused charged with rape. The Court takes medical evidence duly into consideration while delivering their dictums. Consensual sex in no manner is considered as rape. Consensual sex during live-in relationship is not considered as 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...

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Legal Advice on Countering & Reporting of Cyberbullying: Best Criminal Lawyer Advice

"Cyberbullying cannot be exactly termed as a cyber crime in India but carries a lot of repercussions upon the person who has actually faced it. This involves use of online media and social media platform to lynch and/or tarnish someone's image virtually and/or harass someone on the internet. Sometimes the content is correct whereas sometimes the content is incorrect. The primary source of evidence in cases of cyberbullying is the electronic record." 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...

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Ambit of Compensation & Reliefs under a Cheque Bounce Case: Best Criminal Lawyer Advice

"Do Courts in India award compensation in a cheque bounce case ? Yes, Courts in India award compensation in a cheque bounce case. Do Court in India award litigation expenses in a cheque bounce case ? Yes, Courts in India sometimes award litigation expenses in a cheque bounce case.  Under the Negotiable Instruments Act of 1881 a cheque bounce case is a quasi criminal offense and has some ambit of civil jurisdiction also in it." 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...

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Filing an Appeal in a Cheque Bounce Case: Best Criminal Lawyer Advice

"Is appeal permissible in a cheque bounce case ? Yes, filing an appeal before a higher Court is permissible in a cheque bounce case. Further, the alleged accused has to deposit 20% of the debt amount with the Court in order to file an appeal before a higher Court. Generally speaking tendering of a new evidence or document is not allowed in an appeal, however, there are decisions of the High Courts wherein a new evidence is allowed at an appeal stage. Appeal can be filed both against aquittal and conviction" Appeal in case of Acquittal:In a recent instance, the Madras...

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