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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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Three Important Steps before Outsourcing of IT Service & Work

A lot of IT related work is outsourced from the developed countries like US, UK, Australia etc to different developing countries and India ranks first in this. This entire outsourcing of IT work is done primarily for the two reasons i.e. easy availability of the skilled workforce in the developing countries and secondly due to the cost effectiveness. However, outsourcing of work sometimes creates more perils than benefits and thus both the parties i.e. the Service Provider and the Service Recipient should follow certain steps in order to enable smooth functioning of the entire process and reducing chances of friction. Thus,...

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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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Obtaining Anticipatory Bail in a Criminal Case: Lawyers Advice

Right to liberty is a fundamental right enshrined under Part III of the Indian Constitution. It is depicted under Article 21 of the Constitution of India which says that 'no person shall be deprived of his life and personal liberty except according to the procedure established by law'. The right to liberty is a right in which every citizen of the country can avail without any bias and subject to certain restrictions. This right is even applicable to the accused or petitioner also. It is known as Bail in Criminal Law System. The term 'Bail' means the release of a...

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Proving Attempt to Murder in a Criminal Trial: Lawyers Advice

Under Section 307 of the Indian Penal Code, any person who deliberately does any act with such intention and under circumstances that if execution of the purpose would not have fallen short, the consummation of the act might have charged him with murder. Hence, this section deals with the offence of, “Attempt to murder”. The person convicted under this section shall be penalized with an imprisonment extending up to ten years and shall also be penalized with fine. Furthermore, if the act of a person has caused hurt to the other person, the former shall be imprisoned for life or...

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Proving Abetment of Suicide in a Criminal Trial: Lawyers Advice

The Section 107 of the Indian Penal Code defines, “Abetment of a thing” or simply abetting or instigating to do some something, or engaging with other person in a conspiracy for doing that thing. Other than this, deliberately instigating a person to commit an offence is also recognized as abetment or instigation. In Gangula Mohan Reddy v State of Andhra Pradesh (2010) 2 Cr LJ 2110 (SC), the Hon’ble Supreme Court held that commission of some positive act by the accused is necessary to constitute abetment. Furthermore, abetment or instigation includes a metal process of intentionally aiding someone to commit...

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Laws Countering and Punishing Cyberstalking in India: Lawyers Advice

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...

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

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...

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