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top criminal defense lawyer Tag

 > Posts tagged "top criminal defense lawyer"

Fake News: Meaning |Role | Applicable Laws | Identify | Report | Landmark Judgements

With the growth of internet users as well as social media users, the growth of vulnerability of the users towards the trap of fake news also parallelly increasing. Palghar mob lynching (2020), Anti-CAA riots (2020) and COVID fake news are epic examples that show how much brutal and grave or monstrous fake news can turn into be. Therefore, an attempt is made to enlighten the public about the fake news, its monstrous role, laws applicable, how to identify fake news and how to report fake news. What is a fake news?Fake news is disinformation and misinformation which is being disseminated...

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Criminal Defenses & Grounds for Bail under the Narcotics Drugs and Psychotropic Substances (NDPS) Act of 1985

Illicit traffic or abuse of narcotics drug or psychotropic substance or controlled substance is a major problem not only in India but in the whole world. It is affecting both the health of the citizens as well as the health of the Indian economy. Here in this article, we will understand laws enacted by the parliament to fight against illicit traffic and abuse of narcotics drugs or psychotropic substances or controlled substance. We would be learning how could any person lodge a complaint? What is the procedure for a prosecution? What are the defences available to the accused? Where the...

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Criminal Defenses & Important Evidences on behalf of Husband & his Family Members in Cases of Domestic Violence

The law in India is well settled that, false complaints reported to the police or any concerned authority by either of the spouses against another for mistreatment, abusive behaviour on demand of dowry, shall amount to cruelty. The legal procedures have been well established on the record that false, baseless, scandalous and any sort of unapproved complaint against the husband to anti-dowry cell and allied departments harrows the experience for the husband and with regards to the circumstances of such cases, this will amount to cruelty and is sufficient to prove her intention to dessert the matrimonial home (Smt. Krishna...

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Current Legal Status of Live-in Relationships in India

The traditional Indian societies have always scowled upon the concept of live-in relationship because, unlike marriages, such cohabitation not only lacks legal sanctity but is also believed to disintegrate the fabrication of social order. However, on several occasions, the Courts in India have reiterated that the morals in social values do have their space to operate in society but nothing can be considered above the constitutionally guaranteed freedom of the individual. The legislature has successfully not only recognized live-in relationships but also accorded requisite protection of women by the Protection of Women from Domestic Violence Act, 2005. If two adults,...

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Criminal Defenses & Important Evidences in Cases of Economic Frauds

Economic frauds and/or financial frauds occurs usually when someone deprives you of your monetary resources or injures your financial health through deceptively misleading or illegal procedures. This can be achieved through various ways such as Investment Frauds or Identity thefts. The fraudulent methodology of using someone else’s name and personal details to put the public in deception and gain financial advantage out of them amounts to Identity Theft (Tony Enterprises Vs. Reserve Bank Of India, Writ Petition (Criminal) No. 28823 of 2017). Most of the victim compensation programs operating in India cause unnecessary delays in the disposition of cases and...

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Obtaining Bail in a Criminal Case: Lawyers Advice

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...

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Criminal Defense & Obtaining Anticipatory Bail: Lawyers Advice

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...

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Criminal Defense & Obtaining Bail: Lawyers Advice

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...

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Law on Live-in Relationships in India: Lawyers Advice

India has witnessed a drastic change in the way the present generation perceives their relationships. The non-acceptant fact of live-in relationship that used to haunt couples living in these relationships has started to fade away with society opening up about the idea of pre-marital sex and live-in relationships. This improved mindset of the society is a result of freedom, privacy, profession, education and also globalization. However, it is not an easy escape from responsibilities for most of the people but it is an easy way for the couples to understand each other and also check if they are compatible to...

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Grant of Bail in India: Lawyers Advice

It is important to doubt first and then prove but the presumption of the innocence is also necessary and with this thought, the provision of granting bail was introduced. The granting of bail has proven as a remedy to save the innocent man from spending time in jail before his trial and also allows him to enhance his case preparation. Bail can be given by the officer-in-charge of the police station or the police who is investigating. Section 170 of the Code of Criminal Procedure (Cr. P.C.) of 1973 confers authority to offer bail. As far as the bail procedure...

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