Criminal Prosecution & Defense

Does The Authorized Representative Of The Accused Company Require To Take Bail In A Criminal Case?

In criminal cases, when a company is made an accused, the company, being a juristic person, authorizes a representative to represent the company before the Court. Section 305 of Code of Criminal Procedure, 1973 (“Cr.P.C.”)/ Section 342 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNNS”) deals with the procedure when a company is an accused. […]

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Can Accused In Criminal Case Seek Exemption From Personal Appearance Even Before Appearing In Person In Court or Furnishing Bail Bonds?

In criminal cases, pursuant to the issuance of the summons to the accused by the court, the accused appears before the Court and seeks bail in non-bailable offences or directly furnishes bail bonds in bailable offences up to the satisfaction of the Court. After securing bail and furnishing of bail bonds, an accused is required

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Scope Of Consideration Of Material In Warrant Cases By Magistrate While Framing Of Charge In Complaint Case

Scope Of Consideration Of Evidence In Warrant Cases By Magistrate While Framing Of Charge In Complaint Case

In complaint cases, a complainant files a complaint along with relevant material/ documents to support his case. After consideration of the complaint and the material filed along with the complaint and examination of the complainant and other witnesses on oath, a Magistrate issues summons to the accused if the Magistrate is of prima-facie view that

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Bharatiya Sakshya Adhiniyam, 2023 Vs Indian Evidence Act, 1872

Bharatiya Sakshya Adhiniyam, 2023 Vs Indian Evidence Act, 1872

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

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Criminal Proceedings: Basic Facts Vs. Subsidiary facts : Meaning and importance

Criminal Proceedings: Basic Facts Vs Subsidiary facts: Meaning & Importance

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

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The Confusion of Sections 397 to 401 and 482 of the Cr.P.C. and Article 227 of the Constitution, and the Remedies available

Navigating the Complexities: Sections 397 to 401, 482 of Cr.P.C., Article 227, and Available Remedies

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

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Legality of Recorded Telephonic Conversation: Whether recorded illegally or not would not affect its admissibility in evidence

Legality of Recorded Telephonic Conversation: Whether recorded illegally or not would not affect its admissibility in evidence

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

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Prosecution Under Section 276b Of The Income Tax Act For Failure To Deposit TDS

Prosecution Under Section 276b Of The Income Tax Act For Failure To Deposit TDS

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 –

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Police Remand & Judicial Remand - Procedure & Criminal Law In India

Police Remand & Judicial Remand : A Guide to the Legal Procedure & Criminal Law in India

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,

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