Classification of Offences under Indian Criminal Laws

Law
There are three types of classification of offences under Indian Criminal Laws:(i) Cognizable and non-cognizable offences:All offences are divided into two categories—cognizable offences and non-cognizable offences. As per section 2(c) of the Code of Criminal Procedure, a ‘cognizable offence’ means an offence for which a police officer may, in accordance with the First Schedule of the Code or under any other law, arrest without warrant. According to Section 2(1), a non-cognizable offence means an offence for which a police officer has no authority to arrest without warrant. Image Source: mybiginsurance.com ADVERTISEMENTS: The Code of Criminal Procedure has not given any guidelines to determine whether a particular offence is cognizable or non-cognizable. However, the Code contains the Schedule I which refers to all the offences under the Indian Penal Code and…
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2 Main Power of High Court to Revision Cases

Law
The 2 Most Important High Court’s powers of revision are listed below: (i) Specific powers: According to Section 401(1) of the Code of Criminal Procedure, in the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by Sections 386 (powers of the Appellate Court), 389 (suspension of sentence pending the appeal; release of appellant on bail); 390 (arrest of accused in appeal from acquittal) and 391 (Appellate Court may take further evidence or direct it to be taken) or on a Court of Session by Section 307 (power to direct tender of pardon), and, when the Judges composing the Court…
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Essay on Indian Criminal Courts (426 Words)

Criminal Law
Essay on Indian Criminal Courts for school and college students !The Indian Judicial system has a long and glorious history of functional accomplishments and admirable social purpose. It has acquired a solid respectable structural frame with established laws and recognised court practices of trial and justice through the institutions of bar and the bench. image source: upload.wikimedia.org ADVERTISEMENTS: It is well known that an independent judiciary, free from interference of the executive or legislative organs of the Government is an essential prerequisite of a democracy which is wedded to rule of law and public welfare. Independence, however, does not allow the Judges to act in an arbitrary manner, but they are to interpret laws in accordance with the settled principles of law and the dictates of their own conscience.A variety…
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Essay on Criminal Law Courts in Ancient India

Criminal Law
Essay on Criminal Law Courts in Ancient India !The present set up of Courts for the administration of criminal justice in India is essentially a legacy of the British rule. This however, does not mean that India had no courts of its own prior to the British rule. It is on record in the annals of Indian legal history that a well organised system of courts operated in India even before the advent of British in this country. image source: upload.wikimedia.org ADVERTISEMENTS: The Hindu period in India witnessed an era when the administration of criminal justice was personally supervised by the King. Some Hindu rulers, however, preferred to appoint special judicial officers called Mohadandadhikari or Nayayamimansak or Dandadhish for imparting justice in criminal cases. An Appeal in such cases lay…
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Legal Provisions Regarding Testamentary Succession under Hindu Law

Law
According to Section 30, a Hindu may dispose of by will any property which is within his power to bequeath by any testamentary disposition in accordance with the provisions of the Indian Succession Act, 1925. Section 30 runs as under: Image Source: androidheadlines.com“Testamentary Succession” Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him, in accordance with the provisions of the Indian Succession Act, 1925 or any other law for the time being in force and applicable to Hindus. Explanation: ADVERTISEMENTS: The interest of a male Hindu in Mitakshara coparcenary property or the interest of a member of a Tarwad, Tavazhi, Illom, Kutumba or Kavaru in the property of a Tarwad. Tavazhi, Illom, Kutumba or Kavaru shall…
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Understanding the Meaning of Coparcenary within Coparcenary

Law
Coparcenary within Coparcenary: Separate coparcenaries may exist within a coparcenary as we have seen in the foregoing illustrations. The Madras High Court illustrated the point in Nachiappa v. Commissioner, Income Tax. A and his son  constituted a coparcenary. Partition took place between them and they were assessed separately in income-tax. The sons born to  will constitute a separate coparcenary. Image Source: upload.wikimedia.org ADVERTISEMENTS: After sometime he reunited with his father A, he took the plea with the Income-tax authorities that the coparcenary with his son has come to an end and hence he would not be liable for paying income-tax on that front. The court rejected the agreement by saying that his coparcenary continued to have separate existence.In Bhagwan v. Reoti, the Supreme Court observed: “Hindu law recognises…
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Essay on Juvenile Justice in U.K (875 Words)

Criminal Law
Here is your Essay on Juvenile Justice system in U.K !While handling the problem of juvenile delinquency, the English criminal justice administrators have preferred to deal with it outside the framework of criminal law. Though the problem has attracted nationwide attention, many reformists feel that delinquency among adolescents is a transient phase and will disappear as they grow older; hence they need to be tackled differently. Moved by this consideration, the English penal reformists adopted different procedure and methods for treatment of juvenile offenders in United Kingdom. image source: i.huffpost.com ADVERTISEMENTS: In England, the “Ragged Industrial School Movement” started in the second quarter of the nineteenth century was perhaps the first constructive institutional Endeavour which enabled the public to appreciate the desirability of corrective methods of treatment for juvenile offenders.…
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Who are entitled to claim Maintenance under Hindu Law?

Law
Persons entitled to claim maintenance Under the Hindu Adoption and Maintenance Act, 1956 are as follows:According to the personal law of Hindus, every member in a family is either entitled to a share or is entitled to maintenance out of family property. Under the Hindu Adoption and Maintenance Act, 1956, the following categories of persons are entitled to claim maintenance Image Source: gogoodscout.com ADVERTISEMENTS: (1) Wife;(2) Widowed daughter-in-law;(3) Aged infirm parent and the children;(a) Legitimate and illegitimate son, ADVERTISEMENTS: (b) Legitimate and illegitimate daughter,(c) Aged and infirm parents,(4) The dependants of the deceased, which include;(a) His father, ADVERTISEMENTS: (b) His mother,(c) His widow,(d) The son, son of a predeceased son and the son of a predeceased son of a predeceased son of the deceased,(e) His unmarried daughters, the unmarried daughters…
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Essay on Juvenile Justice System in India (947 Words)

Juvenile Justice
Here is your Essay on Juvenile Justice System in India !Available statistics on juvenile delinquency in India reveal that the problem is not as tense as in the western world. “Ibis may be due to variations in living conditions such as greater family affiliation and parental control, stronghold of religious convictions and due regard for moral precepts in Indian society. This is not to suggest that the proportion of juvenile delinquency in India is negligible. image source: researchersclub.files.wordpress.com ADVERTISEMENTS: The impact of western civilization and temptation for luxuries and pompous life has greatly disturbed the modem Indian youth. Consequently, there has been a considerable growth in crimes committed by juveniles. India like any other country, also seeks to tackle the problem of juvenile delinquency on the .basis of three fundamental…
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Provisions to have an Independent, Impartial and Competent Judge to Conduct the Fair Trial

Law
The Code of Criminal Procedure contained the following provisions to have an independent, impartial and competent judge to conduct the fair trial:(1) In Indian judiciary system, judiciary in criminal matters has been separated from the Executive by appointing Judiciary Magistrates be appointed by the High Court and the criminal Courts are under the direct supervision and control of the High Court in each State. As the State is the prosecuting party in a criminal trial, the judiciary should be free from executive influence or control. Because of separation, no judge or judicial Magistrate would be in anyway administrative subordination to anyone connected with the prosecution. Image Source: nativeskatestore.co.uk ADVERTISEMENTS: (2) Trial of criminal offences is conducted in an open Court to which the public generally may have access as per…
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