*Part of the ‘Letters to a Young Lawyer’ series. This series is inspired by my conversations with my brilliant younger colleagues at the Chambers. This is how it goes: Congratulations, you’ve got a brief! 1. Look at the brief admiringly! (But not for long lest people start suspecting your sanity!). Well, Congratulations – this brief…
The clear distinction between these two concepts is often ignored. Often deliberately – with a view to turn a patently civil dispute into a criminal case (to exert pressure, ease recovery, etc.). This is – no doubt – a very unfortunate tendency. (Over 70% of all cases pending at the trial court level are criminal…
A lot of you have written to me – over the years – on advice relating to cross examination. Well, advice isn’t worth much when it comes to something as practical and experiential as cross examination. (One can’t learn swimming in a library!). Having said that, a few broad principles that I’ve found particularly helpful…
Section 313 (1) (b) of CrPC obligates a trial court, after the prosecution evidence is complete, to question the accused “generally on the case…for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him”. The product of this exercise is generally referred to as ‘Section 313 Statement’, the…
These two concepts are often misunderstood and confused. Cancellation of bail is where the prosecution (or the victim) moves the Court to get the bail (already granted!) cancelled due to a post-bail circumstance or violation of conditions after the grant of bail. This is done in cases where the Bail order was originally proper/tenable but the accused,…
Visualise an examination in chief like building a wall (made up of the bricks of relevant facts and facts in issue). Imagine cross examination as trying to punch holes in that wall by incisive questioning and exposing falsehood, inconsistent statements, impeaching the credibility and veracity of the witness, culling out admissions, etc. etc. We all…
Guest post by Ms. Shrinkhla Jain, Assistant Manager-Legal, CJ Darcl Logistics Limited X goes to the police station to get an F.I.R lodged against her employee Y for Criminal Breach of Trust. The Station house Officer does not take any action. What are the remedies available with X? Should she directly approach High Court Under Section…
High Courts and the Supreme Court have the power to direct the police ‘not to take any coercive steps against the accused’. Such power may be traceable to S.482 CrPC and/or Articles 32/226 of the Constitution of India. Having said that, it is settled law that such a direction should not be passed casually and…
Contrary to popular misconception – that only a Court can grant bail in a non-bailable offence – the reality is that : The Police can also grant bail in non-bailable offences. A perusal of Section 437, Sub-sections (2) and (4), CrPC reveals that the architects of CrPC, in fact, vested a police officer with the…
Bharat Chugh 