Category: Essays

Section 392 of the Indian Penal Code, 1860 – Punishment for Robbery:“Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and if the robbery be committed on the highway between sunset and sunrise, the imprisonment may extend to fourteen years.” Image Source: digestiblepolitics.files.wordpress.com ADVERTISEMENTS: It has been held by the Supreme Court that the Court should not get swayed by the manner of perpetration of crime while dealing with a crime of robbery with murder.In Ezhil v. State of Tamil Nadu, the facts of the case were that the accused were charged for offences against Section 364. 392 and 302 read with Sections 34 and 120 B of the Indian Penal Code. The Supreme…

Public Documents (Sections 74-76):All documents are private (S. 75), except the following, which are public documents, viz. Image Source: freeline.bg1. Documents forming the acts or records of the acts: ADVERTISEMENTS: (i) Of the sovereign authority,(ii) Of official bodies and tribunals, and(iii) Of public officers, legislative, judicial and executive, of any part of India or of the Commonwealth or of a foreign country. ADVERTISEMENTS: 2. Public records kept in any State of private documents. (S. 74):Certified copies of public documents (S. 76):Every public officer having the custody of a public document (which any person has a right to inspect) must, on demand and payment of legal fees therefor, give a copy of it with a certificate (dated, signed and sealed) at the foot that it is a true copy. A copy…

After a party examines his witness-in-chief, his opponent has a right to cross-examine him. A cross-examination follows upon the examination-in-chief, unless the Court, for some reason, postpones it. The essence of cross-examination is that it is the interrogation by one party of witness called by his adversary with the object either to obtain from such witness an admission favourable to his cause or to discredit him. Image Source: attorneyjournal.usThe idea behind cross-examination is two-fold: to weaken, qualify or destroy the case of the opponent, and to establish a party’s own cause by means of his opponent’s weakness. The main objects of cross-examination are to measure the accuracy, credibility and general value of the evidence given in chief, so as to sift the facts already stated by the witness, to detect…

One of the best methods of unique identification is codification. It is very useful for stores department. It saves lot of time and energy and is of great help in simplification, standardization, identification and classification of stores’ items or inventories. Today, we live in a coded world. We have telegraphic codes, assesses codes, trunk dialing codes and life insurance payees codes. image source: i.ytimg.comThe codification process could be obtained by the nature of items in grouping all items of the same metal content, say ferrous, non-ferrous etc. The system of codification could be built by the end use of items, that is, items grouped according to maintenance, spinning, weaving, packing, foundry, machine shop etc. ADVERTISEMENTS: The codification could be thought of on the basis of source of purchasing where items…

Extra-judicial confessions are those confessions which are made either to the police or to any other person other than judges and magistrates as such. The Supreme Court has observed in State of Punjab v. Bhajen Singh (1975 4 S.C.C. 472) that an extra-judicial confession is a very weak piece of evidence. Image Source: scottfillmer.files.wordpress.comAn extra-judicial confession, if voluntary, can be relied upon by the Court, along with other evidence, in convicting an accused. The confession will have to be proved just like any other fact. The value of evidence as to the confession, just like any other evidence, depends upon the veracity of the witness to whom it is made. (Mulk Raj. v. State of U.P. (A.I.R. 1959 S.C. 902) usually and as a matter of caution, Courts require some…

Distinction between ‘Relevant Fact’ and ‘Fact in Issue’ are as follows:Facts in issue are the matters which are in dispute or which form the subject of decision in the suit. They are facts out of which some legal right, liability, or disability, involved in the inquiry, necessarily arises and upon which a decision must be arrived at. They are matters affirmed by one party and denied by the other. Image Source: image.superstreetonline.com ADVERTISEMENTS: Thus, if A is accused of the murder of B, the facts in issue will be that A caused B’s death, that he intended to cause B’s death, and so on. Relevant facts, on the other hand, are facts so connected with each other as to prove or disprove the facts in issue. Relevant facts are not…

Legal provisions regarding framing of charge under section 228 of the Code of Criminal Procedure, 1973.According to Section 228(1) of the Code of Criminal Procedure, after considering the record of the case and after hearing the parties, if the Court considers that there is ground for presuming that the accused has committed an offence which; Image Source: cdn.playbuzz.com ADVERTISEMENTS: (a) Is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit,…

Legal provisions regarding magistrates authorized to conduct summary trials under section 260 of the Code of Criminal Procedure, 1973.According to Section 260(1) of the Code, notwithstanding anything contained in the Code of Criminal Procedure: Image Source: law2.byu.edu ADVERTISEMENTS: a) Any Chief Judicial Magistrate;(b) Any Metropolitan Magistrate;(c) Any Magistrate of the first class specially empowered in this behalf by the High Court, may try in a summary way any of the offences specified as (i) to (ix) in Section 260(1) of the Code (given below).Further, as per Section 261 of the Code, the High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine, or with imprisonment for a term not exceeding…

Legal provisions regarding order for disposal of property at conclusion of trial under section 29 of the Code of Criminal Procedure, 1973.Order for disposal of property at conclusion of trial:As per Section 452 of the Code of Criminal Procedure: Image Source: vault.starproperty.my.s3.amazonaws.com ADVERTISEMENTS: (1) When an inquiry or trial in any criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, by destruction, confiscation, or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.(2) An order may be made under sub-section (1) for the delivery of…

A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.A fact is said to be disproved when, after considering the matters before it, the Court believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist. Image Source: image.superstreetonline.comA fact is said not to be proved when it is neither proved nor disproved. ADVERTISEMENTS: “Proved”:The English author, Cunn, gives the analogy of a merchant who receives information that the rate…