Can a Father Claim maintenance from her Daughter?- Legal Position
In the case of ‘Dr. Vijya Manohar Arbat v. Kashi Rao Raja Ram Swami (1987)’, the question came before the Supreme Court for consideration whether father is entitled to claim…
Identity of Sexual Offence victim will not be disclosed even in Judgement- Legal Position
Sexual violence apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of a female. It is a serious blow to her supreme…
Power of Appellate Court to set aside the acquittal of accused- Legal Position
As to powers of the appellate court Supreme Court in Sanwat Singh & Ors. v. State of Rajasthan (1961) 3. S.C.R. 120 laid down three principles. First, the appellate court…
Section 167- Provision, Legislative History, and Analysis
Section 167 Section 167 Cr. P.C. 1973 after some changes reads as under: “167. Procedure when investigation cannot be completed in twenty-four hours.- (1) Whenever any person is arrested and…
Taking of Cognizance under Sections 190 And 193 of CrPC
Section 190 and Section 193 “190. Cognizance of offences by Magistrates. – (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of…
Supreme Court’s Direction to Prohibit Smoking at public places
In the case of ‘Murli S. deora v. Union of India (2001)’, a petition came before the Supreme Court to prohibit smoking in public places. In the petition, it was…
Sufficiency of the circumstantial evidence for sustaining criminal conviction
The legal position with respect to the sufficiency of the circumstantial evidence for sustaining criminal conviction is well settled. The circumstances established on the record according to the law of…
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…
Discharging of an accused under CrPC
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,…
Understanding Section 41,(CrPC) 1973: Arrests without Warrant
Section 41 of the Code of Criminal Procedure (CrPC) 1973 is a crucial provision that deals with the power of the police to make arrests without a warrant