Recently, the Hon’ble Supreme Court of India, dealt with an appeal titled M/s SAS Infratech Pvt. Ltd vs. State of Telangana & Anr. bearing Criminal Appeal No. 2574/2024[1] filed by the complainant against an order of Hon’ble High Court for the State of Telangana at Hyderabad which was decided vide judgment dated 14th May 2024. […]
Remedy Against Order Passed Under Section 156 (3) Of Cr.P.C. Read More »
The Bharatiya Sakshya Adhinyam, 2023 (BSA) replaces the Indian Evidence Act of 1872 (IEA) and it was approved by both the Lok Sabha and Rajya Sabha on December 20 and December 21, 2023, respectively, before receiving presidential assent on December 25, 2023. The key objectives of BSA are to modernize, simplify, and streamline how evidence
Bharatiya Sakshya Adhiniyam, 2023 Vs Indian Evidence Act, 1872 Read More »
In the case of Hansmukh v. State of Gujarat & Ors. (AIR 1981 SC 28) has held that while the expression “grounds” in Article 22(5) includes not only conclusions of fact but also all the basic facts on which those conclusions are founded, and they are different from subsidiary facts or further particulars of these
Criminal Proceedings: Basic Facts Vs Subsidiary facts: Meaning & Importance Read More »
Some of the prominent confusions that have been prevailing within the Bar and the Bench pertain to the applicability of Sections 397 to 401 and 482 of the Cr.P.C. and Article 227 of the Constitution of India, include the confusion relating to the Court which can be approached first and after that. Is there any
The Allahabad HC recently in ‘Mahant Prasad Ram Tripathi @ M.P.R. Tripathi vs. State of U.P. Thru C.B.I./ A.C.B. Lucknow’[1] has held that a telephonic conversation recorded between two accused, whether illegally obtained or not, would be admissible in evidence. In this case C.B.I. recorded a telephonic communication between two accused persons on a digital
As per Section 276B of the Income Tax Act, 1961 (“IT Act”), if a person fails to deposit the tax deducted by him with the Central Government within the stipulated period, an offence is deemed to have been committed under the present section. The section is reproduced herein below: Section 276B- Income Tax Act –
Prosecution Under Section 276b Of The Income Tax Act For Failure To Deposit TDS Read More »
Article 22(2) of the constitution of India provides that any person arrested and detained in custody must be produced before the nearest magistrate within 24 hours of his arrest and no person can be detained beyond the period of 24 hours without the authority of the magistrate. Similarly, section 57 of the Code of Criminal Procedure,
Police Remand & Judicial Remand : A Guide to the Legal Procedure & Criminal Law in India Read More »
Explore the intriguing concept of continuing offences in the realm of criminal law. This article delves into the ingredients that define a continuing offence, sheds light on the limitation period associated with such offences, and offers valuable insights from notable case laws. Gain a comprehensive understanding of the scope and implications of continuing offences, ranging from domestic violence to criminal conspiracy. Embark on this legal journey to uncover the nuances of these persistent crimes and their significance within the Indian judicial system.
Continuing Offences: Scope, Limitation Period, and Judicial Insights Read More »
Overview Anticipatory bail, as the name suggests, is bail granted to a person in anticipation and apprehending arrest. It is a preventive relief which was not originally included in The Code of Criminal Procedure, 1973 (‘CrPC’). The necessity for granting anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false
Anticipatory Bail in India: Know Your Rights and Legal Safeguards Read More »
As per Article 21 of the Constitution of India, “No person shall be deprived of his life or personal liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of the laws within the territory of India”. It also covers a just and
Know Your Rights : Rights of Accused Before and After Arrest in India Read More »
