Reasonable doubt and Residual doubt while convicting an accused
An accused has a profound right not to be convicted of an offence which is not established by the evidential standard of proof “beyond reasonable doubt”. Supreme Court in Krishnan…
An accused has a profound right not to be convicted of an offence which is not established by the evidential standard of proof “beyond reasonable doubt”. Supreme Court in Krishnan…
Under section 209 of the Code of 1898 the question of discharge was to be considered by a Magistrate. This power has now been entrusted to a senior Judge, namely,…
“The very existence of the rule of law and the fear of being brought to book operates as a deterrent to those who have no scruples in killing others if…
“Liberty has, therefore, to be limited in order to be effectively possessed.”- Justice Patanjali Sastri The question of the constitutional validity of Death Penalty given under Section 302 of Indian…
Under Indian Penal Code, death is the punishment that must be awarded for murder by a person under sentence of imprisonment for life (Sec. 303). This apart, the Penal Code…
The truth is that some crimes are so outrageous that society insists on adequate punishment, because the wrongdoer deserves it. Whether or not death penalty in actual practice acts as…
The death penalty is provided under section 302 of Indian penal code, which provides the offence for murder. The Indian Penal Code was drafted by the First Indian Law Commission…
Cognizance is an act of the court. The term ‘cognizance’ has not been defined in the Cr.P.C. To understand what this term means we will have to have a look…
Chapter XXXVI empowers the court to take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances…
History The Criminal Procedure Code, 1898 contained no general provision for limitation. Though under certain special laws like the Negotiable Instruments Act, 1881, Trade and Merchandise Marks Act, 1958, the…