16 May

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Obtaining Bail in a Criminal Case: Lawyers Advice

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

Unlike a Bailable offence, Bail is not a right of the accused in a Non-Bailable offence in light of the seriousness of the crime committed. Section 437 of Cr. P.C. authorizes the discretion to the Court to release any person who is accused of the commission of any Non- Bailable offence when he is arrested or detained without a warrant by an officer in charge of a police station. The Court has to entirely use its discretion considering the circumstances of the case, bearing in mind the liberty of accused and principles of law. The prime objective behind arresting the...

16 May

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Criminal Defense & Obtaining Anticipatory Bail: Lawyers Advice

Posted by MyLawyer

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

Under the criminal law it is the Court has the discretion to grant Anticipatory Bail, to any person or an accused person who is apprehending an arrest for any Non-Bailable offence in near future by the virtue of Section 438 of the Cr. P.C. The discretion to grant bail, in this case, is entirely cast upon the Court since the Code does not specifically enumerate any condition, under which Anticipatory Bail can be granted. The accused can submit an Anticipatory Bail Application before the Sessions Court or the High Court. The High Court or the Sessions Court has to apply...

16 May

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Criminal Defense & Obtaining Bail: Lawyers Advice

Posted by MyLawyer

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

Bail under the criminal law means the release of an accused or a convicted person contingent on personal bond or assurance to adhere to the conditions imposed by the Court. As per the provisions of Section 436 of Cr. P.C., if the supposed crime is a bailable offense, then the accused person shall be entitled to bail as a matter of his right before the police station itself or presuming it is referred to the Magistrates Court, then it shall be granted before the Magistrates Court. Bail is in point of fact an individual’s right and not his privilege. The...

19 October

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Obtaining Anticipatory Bail in a Criminal Case: Lawyers Advice

Posted by MyLawyer

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

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...

31 August

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

Posted by MyLawyer

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...

31 August

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Legal Defences available to Male Employees in a False Case of Sexual Harassment of Women at Workplace: Legal Advice

Posted by MyLawyer

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

A Brief Introduction to “Misandry” or prejudice against males: -In today’s world, every Tom, Dick and Harry is familiar with the word, “Misogyny”, i.e. strong prejudices against a woman. However, only few of us are known to a word called “Misandry”, which is hatred or prejudices against the men. Now, sometimes this misandry in some women leads to false sexual harassment, or rape related accusations against men. Interestingly, there is a concern among the mass for the protection of the women. Also, from time to time several government and non-government agencies have formulated schemes to secure the rights of the...

28 August

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

Posted by MyLawyer

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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Role of Medical Evidence in a Criminal Trial: Lawyers Advice

Posted by MyLawyer

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

The interaction between medicine and law has been increasing over the past few years. The use of medical and scientific evidence plays a major role, especially during criminal trials to identify the accused and prove his/her guilt. This article discusses the importance of medical evidence and its admissibility in criminal cases in India today. Medical evidence is the proof given by medical experts, based on their scientific knowledge, skill and personal experience. In any criminal trial involving offences against the human body, the opinions of these experts play a huge role. Examples of types of Medical Evidences are –...

10 August

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

Posted by MyLawyer

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...

06 August

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Evidences & their Evidenciary Value in a Criminal Trial: Lawyers Advice

Posted by MyLawyer

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

Crime is prevalent in every part of the world in some way or the other and has transgressed into something new and different with the passage of time. In order to establish who has committed the crime, certain things need to be taken into account. One of these things is evidence, which can be considered to be an instrument to prove or disprove any fact, the truth of which is submitted to judicial investigation. As per Section 3 of the Indian Evidence Act of 1872, evidence is defined as and may constitute- a) Any and all statements...