Exemption of attendance of an accused
Kerala High Court Diary The general rule in criminal cases is that all inquiries and trials should be conducted in the presence of the accused, the principle underlying being that…
Confession- Explained
Confession- History Confession always brings back Harrision’s Case (1783) 1 Leache’s CC 264, where a woman and her two sons were executed for the murder of Harrision, who sometime afterwards…
Classes of Criminal Courts and their Powers
S. 2(g) of the Code defines the expression ‘inquiry‘ as meaning “every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.” Chapter II of the…
Exemption of attendance from Trial Proceeding- Court’s Discretion
Kerala High Court Diary The general rule in criminal cases is that all inquiries and trials should be conducted in the presence of the accused, the principle underlying being that…
Options before the magistrate while taking cognizance of a case
Chapter XV (Sections 200 to 203) of the Code deals with “complaints to Magistrates”. Chapter XVI deals with “commencement of proceedings before Magistrate” and Sec. 204 enables a Magistrate to…
How investigation is done under CrPC? – A Brief
The Code of Criminal Procedure provides not merely for judicial enquiry into or trial of alleged offences but also for prior investigation thereof. Section 5 of the Code shows that…
Are Departmental Proceedings and Police Investigations Different in Criminal Law?
The standard of proof required in recording a finding of conviction in a criminal case and in a departmental proceeding are distinct and different. Whereas in a criminal case, it…
Appeal against inadequacy of Sentence- who can file appeal?
Section 377 of the CrPC has been enacted giving a special remedy by way of appeal for enhancement of sentence, and such a remedy by way of appeal is available…
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…