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top criminal lawyer in Saket Court Tag

Best and Experienced Lawyers online in India > Posts tagged "top criminal lawyer in Saket Court" (Page 4)

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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Legal Tips to obtain Anticipatory Bail from High Court: Lawyers Advice

To understand the procedure to apply for anticipatory bail, we must understand the jurisdiction of the same.There are two key factors to decide the jurisdiction in anticipatory bail cases: ● Alleged accusations of committing an offence, ● Apprehension of arrest; it is not necessary for these to always overlap. Section 438(1) of the Code of Criminal Procedure, 1973 states that if a person has reason to believe that he is accused of committing a non-bailable offence & he may be arrested for the same, then he can apply to the High Court or...

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