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top criminal lawyer in Delhi-NCR Tag

 > Posts tagged "top criminal lawyer in Delhi-NCR" (Page 3)

Laws and Legal Procedure for Reporting Online Defamation in India

What is Online DefamationDefamation is defined under section 499 of the Indian Penal Code, 1860 as whoever by words either spoken or written publishes any misinformation intending to harm someone’s reputation is guilty of defamation. The offense of Defamation is punished under section 500 of the Indian Penal Code, 1860. Defamation has the following essentials: i. The statement must be false. ii. The statement must refer to the plaintiff. It means that the plaintiff must prove without any reasonable doubt that the statement referred to him. A definite pointer is not necessary. iii. ...

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Legal Remedies available to a Husband against False Accusations for Cruelty & Domestic Violence: Lawyers Advice

Domestic violence against spouses is an age-old issue, but it is only after the advent of electronic and digital media that we are getting aware about them. However, it may be noted that most of these cases reported deal with the violence suffered by a woman in the hands of men. Our media fails to recognize the domestic violence suffered by men, who share same fundamental rights with women. One of the biggest reasons for such biased reporting is the failure to understand that men too are Human Beings and misandry, or prejudices against men is a reality. Few...

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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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