06Oct 2018 by admin

Consequences of Non-Appearance in a Summons Case or in a Warrant Case in India

Law
Section 256 of the Code of Criminal Procedure provides that if the summons has been issued on a complaint, and on the day appointed for the appearance of the accused, or at any adjourned date, the complainant does not appear, the Magistrate must acquit the accused, unless he thinks it fit and proper to adjourn the hearing of the case to some future date. Image Source: upload.wikimedia.orgIf, however, the complainant is represented by a Pleader or by an Officer conducting the prosecution, or if the Magistrate is of the opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. ADVERTISEMENTS: The above provisions also apply to cases where the non-appearance of the complainant is due to his…
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06Oct 2018 by admin

What are the Constitutional principles regarding bail?

Law
Article 14 of the Constitution provides that the State shall not deny to any person equality before the law or the equal protection of the laws within the territories of India. According to Article 19 of the Constitution, all citizens shall have the right to move freely throughout the territory of India. As per Section 21 of the Constitution, no person shall be deprived of his life or personal liberty except according to procedure established by law.The provisions regarding bail are essentially part of the law under which a particular trial is held. The commission of an offence does not ipso facto carry with it a right of bail. Such a right is dependent on the provisions contained in a statute and to a statute alone can the court look…
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05Oct 2018 by admin

When oral admissions as to contents of documents are relevant?

Law
Section 22 of the Indian Evidence Act, 1872:Oral admission as to the contents of a document are not relevant, unless and until – Image Source: getaos.com ADVERTISEMENTS: (i) The party proposing to prove them shows that he is entitled to give secon­dary evidence of the con­tents of such document; or(ii) The genuineness of a document produced is in question.The English Law on the point was laid down in Slatterie v. Pooley, where it was held that the oral admission of a party as to the contents of a document is admissible, even when the document might have been produced as evidence against him, when such contents are directly in issue.Although this leading decision has held the field in England since 1840, it has received much criticism and has been applied…
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05Oct 2018 by admin

Section 7 – Procedure to be followed by a Magistrate not empowered under the Juvenile Justice Act

Juvenile Justice
(1) When any Magistrate not empowered to exercise the powers of a Board under this Act is of the opinion that a person brought before him under any of the provisions of this Act (other than for the purpose of giving evidence), is a juvenile or the child, he shall without any delay record such opinion and forward the juvenile or the child and the record of the proceeding to the competent authority having jurisdiction over the proceeding. Image Source: abc.net.au(2) The competent authority to which the proceeding is forwarded under sub-section (1) shall hold the inquiry as if the juvenile or the child had originally been brought before it.Comment: ADVERTISEMENTS: This section provides that when a juvenile in conflict with law is produced before a Magistrate who does not…
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05Oct 2018 by admin

Section 12 – Bail of Juvenile – Juvenile Justice (Care And Protection Of Children) Act, 2000

Juvenile Justice
This section contains provisions relating to release of Juvenile on bail. The provisions of bail in case of juvenile are different from those of other accused persons. In case of juveniles the normal rule is bail and not jail. In other words, they should be released on bail as a general rule and should be sent to jail only in exceptional cases. Image Source: djs-bailbonds.net ADVERTISEMENTS: A juvenile in conflict with law, will not be released on bail when there are reasonable grounds to believe that (i) it is likely to bring him in association with any known criminal; or (ii) expose him to mental, physical or psychological danger; or (iii) his release is likely to defeat the ends of justice. If there is no such possibility, he must be…
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05Oct 2018 by admin

Section 10 – Apprehension of Juvenile in Conflict with law – Juvenile Justice (Care And Protection Of Children)

Juvenile Justice
[(1) As soon as a juvenile in conflict with law is apprehended by police, he shall be placed under the charge of the special juvenile police unit or the designated police officer, who shall produce the juvenile before the Board without any loss of time but within a period of twenty-four hours of his apprehension excluding the time necessary for the journey, from the place where the juvenile was apprehended, to the Board: Image Source: androidheadlines.comProvided that in no case, a juvenile in conflict with law shall be placed in a police lockup or lodged in a jail.] ADVERTISEMENTS: (2) The State Government may make rules consistent with this Act—(i) To provide for persons through whom (including registered voluntary organisations) any juvenile in conflict with law may be produced before…
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04Oct 2018 by admin

Punishment for Culpable Homicide by Causing Death of Person other than Person whose Death was Intended in India?

Law
Section 301 of the Indian Penal Code, 1860:If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person, whose death he intended or knew himself to be likely to cause. Image Source: s2.dmcdn.net ADVERTISEMENTS: Principle and Scope:Section 301 embodies what the English authors describe as the doctrine of transfer of malice or transmigration of motive. Under the Section if A intends to kill B but kills C whose death he neither intends nor knows himself…
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04Oct 2018 by admin

Section 14 – Inquiry by Board regarding juvenile – Juvenile Justice (Care And Protection Of Children)

Juvenile Justice
[(1)] Where a juvenile having been charged with the offence is produced before a Board, the Board shall hold the inquiry in accordance with the provisions of this Act and may take such order in relation to the juvenile as it deems fit: Image Source: stressbeaters.comProvided that an enquiry under this section shall be completed within a period of four months from the date of its commencement, unless the period is extended by the Board having regard to the circumstances of the case and in special cases after recording the reasons in writing for such extension. ADVERTISEMENTS: [(2) The Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall review the pendency of cases of the Board of every six months, and shall direct the Board to increase the frequency of…
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04Oct 2018 by admin

Section 17 of Juvenile Justice (Care And Protection Of Children) Act, 2000

Law
Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2 of 1974) no proceeding shall be instituted and no order shall be passed against the juvenile under Chapter VIII of the said Code. Image Source: adeca.alabama.govComment: These section commands that no proceedings under Chapter.8 of the Code of Criminal Procedure, 1973, can be instituted against a juvenile in conflict with law, nor can any order be passed under those provisions. It may be noted that Chapter 8 of Cr. P.C relates to security for keeping the Peace and good behaviour. ADVERTISEMENTS: In the case of Riyaz v. State of Maharashtra, the petitioner students were wrongfully detained in police lock-up for night and were taken to Tehsil on next day. They were alleged teasing of girls of…
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04Oct 2018 by admin

Section 19 Removal of disqualification attaching to a conviction – Juvenile Justice (Care And Protection Of Children)

Juvenile Justice
(1) Notwith­standing anything contained in any other law, a juvenile who has committed an offence and has been dealt with under the provisions of this Act shall not suffer disqualification, if any, attaching to a conviction of an offence under such law. Image Source: i.ytimg.com(2) The Board shall make an order directing that the relevant records of such conviction shall be removed after the expiry of the period of appeal or a reasonable period as prescribed under the rules, as the case may be.Comment: ADVERTISEMENTS: The provisions of this section are analogous to those of Section 12 of the Probation of Offenders Act, 1958 which removes disqualification attaching to conviction. The section provides that a juvenile who has committed an offence and has been dealt with under the provisions of…
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