RIGHT TO BAIL IN CASES WHERE ACCUSED IS NOT ARRESTED DURING INVESTIGATION (GUEST POST)

Guest post by the very bright Hamna Rehan (A student of law at Jamia Millia Islamia, interning at the Chambers of Bharat Chugh) “Honoring the presumption of innocence is often difficult; sometimes we must pay substantial social costs as a result of our commitment to the values we espouse. But at the end of the … Continue reading RIGHT TO BAIL IN CASES WHERE ACCUSED IS NOT ARRESTED DURING INVESTIGATION (GUEST POST)

Voice Samples in Criminal Investigations and Legal/Constitutional Issues that remain

First published at SCC Online Blog (Expert Column) here It is now well settled that compelling the taking of voice samples from an accused for the purpose of an investigation does not amount to a violation of Article 20(3) of the Constitution. In other words, seeking voice samples from an accused does not amount to … Continue reading Voice Samples in Criminal Investigations and Legal/Constitutional Issues that remain

INTERNSHIP AND CAREER OPPORTUNITIES AT THE CHAMBERS OF Bharat Chugh

Always keen to work with bright young legal minds who are passionate about law and justice. BUT you'll have to meet me half-way and give me a reason to want to know you. A reason to work and engage with you, and a reason to share the little that I know about law, and - … Continue reading INTERNSHIP AND CAREER OPPORTUNITIES AT THE CHAMBERS OF Bharat Chugh

Issues relating to Multiple FIRs/Chargesheets, Joinder of Charges/Accused and Splitting of Trials

This column is based on talk delivered by Bharat at the National Police Academy to a batch of 132 IPS officers/probationers, currently on training, with the very able assistance of Abhijay Srekanth (4th year, Jindal Global Law School.) ** Multiple FIRs, Chargesheets, Joinder of Charges and Accused and Splitting of Trials is an area of … Continue reading Issues relating to Multiple FIRs/Chargesheets, Joinder of Charges/Accused and Splitting of Trials

The Devil’s Dictionary (of Law)

First published at : https://www.barandbench.com/columns/the-devils-dictionary-of-law The times are dreary and before you stop reading, my dear reader, let me assure you, this is not another article on ‘Law of Force Majeure’. Trust me, I’d never do this to you and I’d never lie to you! We are friends. Also, this is not an introduction or … Continue reading The Devil’s Dictionary (of Law)

Law 101 # A Primer On Electronic Evidence

Before making an attempt to understand how electronic evidence is treated in a court of law, it is essential to understand what is meant by the terms “electronic evidence” and “electronic record”. Once we establish that, we will see whether electronic records can be classified as “documents”? It is only after we have established these … Continue reading Law 101 # A Primer On Electronic Evidence

Issues relating to Electronic Evidence – Admissibility, Section 65B certificate and other frequently asked questions.

Issues relating to Electronic Evidence What is an Electronic Record ? Types of Electronic Records. Is an Electronic Record a ‘document’ ? Is a ’Hard Drive’ a document ? Admissibility of Hard Disk Proof of Electronic Record. Section 65B of the Evidence Act Effect of use of Non Obstante Clause in S.65B(1); Conditions : Section … Continue reading Issues relating to Electronic Evidence – Admissibility, Section 65B certificate and other frequently asked questions.

What are Summons, Warrants and Proclamation ?

Summons, Warrants and Proclamation are the measures by which court seeks to ensure appearance of parties/accused/witnesses before itself, ranging from commutative to compulsive. A Summon is an order to appear before the court usually in criminal matters through a police officer. If summons are not complied with or in extremely serious matters in the first … Continue reading What are Summons, Warrants and Proclamation ?

FIR – First Information Report.

What is an FIR - short for First Information Report is the information first in point of time as to the commission of an offence. This sets the entire criminal law machinery into motion. If a complaint discloses commission of an cognizable offence (usually the more common and serious of offences eg : theft/murder/rape/cheating/498A etc) … Continue reading FIR – First Information Report.