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Supreme Court

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

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...

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

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...

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Legal Tips for Tendering Evidence in Defence by an accused in a Criminal case: Lawyers Advice

In India, Evidence tendered by an accused in a criminal case is of paramount importance for the judicial bodies to adjudicate correctly. Further, Section 105 of the Indian Evidence Act, 1872 states that when a person is accused of any offence, the burden of proving that the present circumstances falls within any of the General Exceptions is upon him, and the Court shall presume the absence of the said circumstances. In Raj Kumar vs. State of Maharashtra (2009) 15 SCC 292, the Hon’ble Supreme Court held that if the accused took a plea of self-defence, burden was on them under...

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Legal Tips on how Parties can invoke Arbitration Clause enshrined in an Agreement: Lawyers Advice

Arbitration in India is supervised by the Arbitration and Conciliation Act, 1996 which says that for implementing arbitration as a dispute resolution device, an agreement in that respect, should be signed between the disputing parties.Laws governing Arbitration Clause/Agreement in India: -Section 7(1) of the Arbitration and Conciliation Act, 1996 (as amended in 2015) explains Arbitration Agreement as: -In the presence of a legal relationship between the parties, a relation which may or may not be a contractual, an agreement is signed between parties deciding arbitration as the mechanism for resolution of disputes, wholly or in part, that may arise or...

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Polygraph Test & it’s Legal Sanctity: Lawyers Advice

The Polygraph test, also called as the Lie-Detector test falls under the interrogation techniques used in criminal investigations. This test is likely to be used when the accused may be deceitful about the relevant facts of a case. The polygraph test is able to produce the persons physiological responses like his blood pressure, heart rate pulse and galvanic skin resistance, to see whether he is telling the truth or not. The National Human Rights Commission of India had issues certain guidelines with regards to conducting a polygraph test on persons. The following are the legal guidelines to be followed by...

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Arrest under the Foreign Exchange Management Act (FEMA) of 1999

The term "Foreign Exchange” means foreign currency and includes, ● Deposits, credits and balances payable in any foreign currency, ● Drafts, traveler’s cheques, letters of credit or bills of exchange, expressed or drawn in Indian currency but payable in any Foreign currency, ● Drafts, traveler’s cheques, letters of credit or bills of exchange drawn by banks, institutions or persons outside India, but payable in Indian currency; The Foreign Exchange Management Act (FEMA) was enacted in the year 1999, to facilitate external trade and payments and maintenance of foreign exchange in India. Some...

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Evidence & Burden of Proof under the Prevention of Money Laundering (PMLA) Act of 2002

The Prevention of Money Laundering (PMLA) Act of 2002 PMLA talks about attachment of "Proceeds of Crime" related to Money Laundering, the expression "proceeds of crime" is defined under clause (u) of Section 2 (1) of the PMLA Act of 2002 as: "Any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property (or where such property is taken or held outside the country, then the property equivalent in value held within the country)." The definition of "Proceeds of Crime" can be broken...

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Bail under the Prevention of Money Laundering (PMLA) Act of 2002

The basis of Bail lies on the principle that there is an assumption of innocence of a person until he is found guilty. In most of the cases where bail is granted, a sum of money or property has to be deposited to the Court as a guarantee that the accused will appear in Court, whenever required. The Section 45 of the Prevention of Money Laundering (PMLA) Act of 2002 provides that the accused cannot be granted bail for any offence under the Act unless ‘the public prosecutor’, appointed by the Government, gets a chance to oppose his bail. If he...

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Anticipatory Bail under the Prevention of Money Laundering (PMLA) Act of 2002

For Anticipatory Bail, a person can apply under Section 438 of the Code of Criminal Procedure (Cr P.C.) which is issued only by the Sessions Court and High Court. Five most important points which must be kept in mind while applying for an anticipatory bail under the Prevention of Money Laundering (PMLA) Act of 2002:- The nature/gravity of the offence committed by the person seeking Anticipatory Bail.The Evidence confiscated from the Accused and all the facts of the Prosecution's Case.The Statement of the Investigating Officer and Government Lawyer. The background of the accused i.e. whether he/she was previously involved in any criminal...

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Ten most important factors considered by the Court before the Grant of Anticipatory Bail in India

Anticipatory Bail cannot be claimed by way of a right, however, the grant of Anticipatory Bail is an exclusive power which is vested before the Session’s Court or to the High Court. The Code of Criminal Procedure 1973 (Cr. P.C.) does not define the words “Anticipatory Bail”. The following are the ten most important factors which are duly considered by the Court before the grant of Anticipatory Bail i.e. The nature and gravity of the offence committed by the Applicant who seeks Anticipatory Bail.The previous record of the Applicant who seeks Anticipatory Bail i.e. whether or not he/she is a law abiding...

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