Sentencing under CrPC, 1973
“If the criminal law as a whole is the Cinderella of jurisprudence, then the law of sentencing is Cinderella’s illegitimate baby” Nigel Walker.British criminologistSentencing in a Rational Society 1 (1969)…
Elements of Fair Trial- Entering upon Defence by the accused
The CrPC, 1973, though a Code dealing with procedural law, is embellished with numerous substantive elements in it. The substantive elements give effect to Articles 14, 20, 21 and 22…
Elements of Fair Trial – Framing of Charges and Fixing dates for Examination of Witnesses under CrPC, 1973
The CrPC, 1973, though a Code dealing with procedural law, is embellished with numerous substantive elements in it. The substantive elements give effect to Articles 14, 20, 21 and 22…
Elements of Fair Trial- Discharge under CrPC 1973
The CrPC, 1973, though a Code dealing with procedural law, is embellished with numerous substantive elements in it. The substantive elements give effect to Articles 14, 20, 21 and 22…
Elements of Fair Trial- Supply of Documents to accused under CrPC 1898, and 1973
The CrPC, 1973, though a Code dealing with procedural law, is embellished with numerous substantive elements in it. The substantive elements give effect to Articles 14, 20, 21 and 22…
Presumption of Innocence and Speedy Trial
Unless a statute indicates otherwise, a criminal trial would commence with the presumption of innocence. This principle is of utmost importance as the Court embarks upon a trial in its…
Section 311- Power to Summon Witnesses
Section 311 Cr.P.C. The said provision reads as follows:- “311. Power to summon material witness, or examine person present. Any Court may, at any stage of any inquiry, trial or…
Fair Trial- Process of the Court can not be abused in the name of Fair Trial
There is no denial of the fact that fair trial is an insegregable facet of Article 21 of the Constitution. Supreme Court on numerous occasions has emphasised on the fundamental…
Section 27 of the Evidence Act- An Interpretational History
Section 27, which unusually starts with a proviso, lifts the ban against the admissibility of the confession/statement made to the police to a limited extent by allowing proof of information…
Section 120A- What Constitutes Conspiracy?
Section 120A Section 120A of Indian Penal Code defines criminal conspiracy. It says: “when two or more persons agree to do or cause to be done (i) an illegal act…