Tag: criminal law
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Statutory Presumption, Foundational Facts, and Quashing: A Legal Analysis (Guest Post)
This article explores the nuanced interplay between statutory presumptions, foundational facts, and the courts’ power to quash criminal proceedings. It analyzes how exceptions to…
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Opportunity to the (Proposed) Accused before taking cognizance on a complaint | A Curious New Provision in the BNSS
The settled law with respect to Section 200 CrPC was : In a complaint case (private prosecution) an accused person does not come into…
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Navigating The New Criminal Laws | Part 1 | Preliminary Enquiry
Amongst other things, BNSS has introduced a crucial amendment regarding preliminary enquiry (herein after referred to as “PE”). Here’s how the newfangled provision reads: …
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15 troubling aspects of the New Criminal Law amendments
Abstracted from a series of tweets by Mr. Chugh, accessible here 1. The new provision on Police Custody is deeply problematic. While it is…
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Law in 100 Words | Part 14 | Calculating 60/90 days period for the purpose of Default/Compulsory Bail (S.167 CrPC)
Let’s take the facts of Ravi Prakash Singh v state of Bihar, (2015) 8 SCC 340 for the purpose of illustrating. Here are the brief facts:…
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Some thoughts on the distinction between a mere breach of contract and offence of cheating.
The clear distinction between these two concepts is often ignored. Often deliberately – with a view to turn a patently civil dispute into a…
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Fraud includes two elements – deceit – and injury to person decieved – in absence of latter no fraud
Facts : Dr. Vimla purchased a car in the name of her minor daughter Nalini aged about 6 months. The price of tile car…
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Transfer of Malice under Indian Penal Code.
CASE NOTE : A true classic on Transmigration of Motive/Transfer of Malice cases. In this case the accused gave poisoned halwa to X who having…
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Murder under Supposed Circumstances
Comment : The Court summed up the law on death caused under supposed circumstances. The Law in a nutshell is examine the initial mens rea…
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Supreme Court on S.106 Burden of Proof as to facts especially within knowledge.
Comment : In this case the Court was faced with a situation where a railway employee was arraigned u/s 420 IPC for having cheated railway…
