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Criminal Law

State Police versus Central Bureau of Investigation
Criminal Law

State Police versus Central Bureau of Investigation

The Central Bureau of Investigation (CBI) and the State Police have recently held a prominent status on media, getting bouquets from some and brickbats from others, in the light of #JusticeforSSR. These institutions have been criticized for their inefficiency and failure to function impartially and objectively. However, the two investigating agencies, as it stands today, are subjected to two main forces pulling in different directions. On one hand, the absolute power given to CBI and State Police, subject to their inherent jurisdiction, acts as the driving force behind their operation. While on the other hand, the firm demarcation between the areas of operation that each of these institutions is subjected to, to suit the investigating procedures. To recognize and understand the dynamics o...
Section 144 of Cr.P.C.: Becoming A Tool of Muffling Dissent?
Criminal Law

Section 144 of Cr.P.C.: Becoming A Tool of Muffling Dissent?

INTRODUCTION  Section 144 of the Criminal Procedure Code that prohibits an “Unlawful Assembly' is a British era law used for “Nationalist Oppression”, however, most of the people don’t know much about section 144 in general and some people compare it with a “Curfew”. Is it a Curfew?  No. Section 144 has more relief and fewer diminution than a curfew. Curfew can be imposed in more severe situations. In general, section 144 is “any Executive Magistrate can issue an order to prohibit the gathering of more than 4 people in one particular area and can restrain or prohibit people from committing a particular act or from entering a particular area.” The punishment for breaking this law is 30 days of imprisonment according to section 188 of Indian Penal Code. EXPLOITATION OF SE...
The Concept of Dying Declaration
Criminal Law

The Concept of Dying Declaration

Nemo Moriturus Praesumitur Mentire (A person who is about to die would not lie) INTRODUCTION: Hearsay evidence, an evidence which is otherwise inadmissible under Indian Law becomes admissible under certain circumstances. One such circumstance is dying declaration. When there is no evidence or witness for a crime committed against a person except that said person who is in a critical condition, his/her declaration recorded at that time is called as dying declaration. The same is held valid in almost all the cases because it is being believed by all that a person, who is about to die will not lie, as in he/she is not going to get benefited out of it. According to law, it is believed that the person on his/her death bed can see the Almighty and for that sake, the person will only say w...
Acid Attack
Criminal Law

Acid Attack

INTRODUCTION: From using acids like Salicylic acid, Glycolic acid, Ascorbic acid (Vitamin C) in a variety of skin care products in assisting men & women to take care of their skin, and look more confident and beautiful to selling highly concentrated and extremely corrosive Hydrochloric acid (HCl), Nitric acid (HNO3), Sulphuric acid (H2SO4) and many other acids over the counter, knowing and being completely  aware of what they are capable of. The sale of these acids, which are also easily accessible to anyone without prior screening or accountability ends up shattering her/his soul for eternity. Ms. Laxmi, One amongst the endless list of the acid attack victims and a survivor initiated a PIL (Public Interest Litigation) appealing to the dharmic soul of the Supreme Court of Indi...
Judicial Approach on Plea of Insanity in India
Criminal Law

Judicial Approach on Plea of Insanity in India

Introduction As per Black Law Dictionary,[1] Insanity implies any psychological issue extreme enough that it keeps an individual from having lawful limit and reasons the individual from civil or criminal responsibility. Medical origination of madness can be characterized as a psychological irregularity because of different components existing in shifting degrees. In more extensive meaning, it incorporates foolishness, franticness, lunacy, mental disturbance, mental turmoil and each other conceivable type of mental irregularity known to clinical science. It perceives unexpected and wild motivation driving a man to murder or to cause injury inside the extent of craziness. In law, madness implies an infection of brain which weakens the psychological workforce i.e., the thinking limit o...
Analysis of Section 354 of IPC with special reference to Criminal (Amendment) Act 2013
Criminal Law

Analysis of Section 354 of IPC with special reference to Criminal (Amendment) Act 2013

Introduction The position and status of women has been a very dynamic concept since ages. Beginning from the Vedic period until today’s time, the status of women has gone through enumerable changes. The offences against women have rapidly gone up; there are varied forms of problems faced by women in society. To cope up with the changing needs of the society and to curb down the offences against women, Indian Legal system has undergone many changes. The legislature has time and again brought corrective measures and stricter laws for crimes against the women. One such Amendment was the Criminal (Amendment) Act of 2013. Which brought in many changes to the existing criminal laws and has also added few sections. What are the changes made to section 354 by the Criminal (Amendment) Act of...
Street Crime – Lack of street lights or Minor punishment?
Criminal Law

Street Crime – Lack of street lights or Minor punishment?

Introduction: Earlier, when there was no street light people go out in night, there were crimes even then. But the rate of crime has been high as years go. Every human has a basic psychological fear when they are all alone in a dark street with no lights around. This is human nature to get that fear, but when a person with evil intention gets close to you at the same time leads to the “Crime” .We must have come across our old leaders saying, “We studied under the street lights, as we were not having lights in our home separately”. This is a say heard but every person in their home while they study in a room with proper light settings. Later, no one understood the need for street light was not only for brightness in dark, but also for safe ride back home. Here, comes a small doubt wheth...