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best criminal lawyer in Delhi High Court Tag

Best and Experienced Lawyers online in India > Posts tagged "best criminal lawyer in Delhi High Court" (Page 7)

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

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...

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

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...

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

Forensic evidence, also known as scientific evidence is information which is derived through scientific methods. With the advent of the industrial and technological age, the combined application of science and technology has changed the forensic identification game. However, some techniques although useful are violative of our fundamental rights. This article seeks to examine the evidentiary value of such forensic evidence in criminal trials. There are various types of forensic identification techniques which help recovering concealed information in a crime. A few examples of such identification techniques are – • Polygraphy (also known as the “lie-detector” test),...

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Evidentiary Value of a Ballistic Report in a Criminal Trial: Lawyers Advice

Under the Indian Evidence Act, expert opinion can aid a judge in order to form an opinion on foreign law, science, art or even to identify handwriting during a case. A ballistic expert is someone who is an expert in the study of projectiles. Their help is taken in cases where guns/firearms are involved. This article examines the evidentiary value of such a report in criminal trials along with highlighting relevant judicial pronouncements as well. Ballistic experts work closely with police officers, members of the legal profession and the judiciary as well. The general fact behind ballistics is that, “No...

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

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...

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Role of Medical Evidence in a Criminal Trial: Lawyers Advice

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 –...

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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 to obtain Anticipatory Bail from Sessions Court: Lawyers Advice

According to Section 438 of the Code of Criminal Procedure of 1973, if a person has reason to believe that he will be arrested on charges of having committed a non-bailable offence, he will apply for an anticipatory bail before the High Court or the Sessions Court for a warrant under this section which, in the event of such arrest, applies. He shall be released on bail and, taking into account the following conditions, the court shall provide him with anticipatory bail; the nature and gravity of the accusation against the applicant.the social background of the applicant including the fact as...

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