Lawwatch

Adultery and related Issues in Criminal Law

Adultery means different things in law and English language. In law, it is socially and legally objectionable sexual intercourse, voluntarily made by a man with the wife of another person, with the knowledge that she is a wife and without her husband’s consent or connivance. Therefore, adultery per se is not an offence. But when it is committed without the consent or connivance of the husband it becomes an offence.

Law relating to Bribe Giving & Bribe Taking

Everyone knows bribe taking by a public functionary is an offence but
some people do not know bribe giving is also an equally punishable
offence. There is no much clarity on how and in what manner bribe giving
becomes an offence. This article explores the architecture of the
offence of bribe giving but it cannot be explained without touching upon
the law relating to the offence of bribe taking as well.

Burden of Proof under Indian Evidence Act

Introduction

The term burden of proof, which is not defined in the Indian Evidence Act, 1882, essentially refers to the legal responsibility of a party in a case to prove the existence of any fact as true in a judicial proceeding.

The burden of proof comes into play when a party wants from a court a judgment in regard to any legal right or liability dependent on some facts which need to be proved by him to the satisfaction of the court. In short, the burden of proof is an obligation that the law imposes on a party to produce evidence and prove it so as to satisfy the court in deciding the matter in his favour or otherwise.

Cancellation of Bail and Its Legalities

Introduction

The term bail refers to the judicial release of a person from custody.
The grant, refusal or cancellation of bail is a judicial act. It has to
be performed with utmost care by applying the mind or discretion of the
court.

Indian judiciary through many of its judgments unequivocally upholds that grant of bail is the rule and refusal of it is an exception. Every person is presumed to be innocent until the criminal charge against him is proved in a process of trial. Bail is a substantive right rather than a procedural one in tune with the citizen’s fundamental right to liberty.

The cancellation of bail means putting the presumably innocent but accused person again in detention in violation of his fundamental right to liberty, ensured under Article 21 of the Constitution.

Framing of Charge in Criminal Cases

What a charge in a criminal case is

A charge in a criminal case is a written notice in which precise and specific accusation against the accused in regard to the offence is stated. It is the foundation of the criminal trial. The charge conveys the accused the accusation which the prosecution intends to prove against him in the court. It enables him to prepare for his defence in regard to the accusation.

Taking Cognizance under S. 190 CrPC means

What “taking cognizance” means

What is meant by taking cognizance in regard to an offence by a competent Magistrate is not defined or described in the Code of Criminal Procedure, 1973 (CrPC) or any other act. However the term has acquired a definite connotation through well settled judicial pronouncements.

Contradiction & Omission in Cross Examination

Introduction

Contradictions between two statements of a witness play a crucial role
in deciding the fate of a criminal case or trial. Contradictions can be
categorised into two: direct contradictions and contradictions by
omissions. Making some sort of alterations or improvements in the prior
and later statements by a witness can also be termed as contradiction
and omission. Quite naturally, an interested witness may make some
improvements in his testimony of the incident under trial. In order to
avoid this, the Indian Evidence Act, 1872 lays down some procedures for
proving contradictions and omissions in a trial.

The contradictions or omissions can be proved in two stages. In the
first stage, the contradiction is brought on record as provided for in
the Indian Evidence Act. In the second stage the contradiction is then
proved by cross examining the Police Officer who has recorded the
statements under Section 162 of the Criminal Procedure Code, 1973
(CrPC). If the latter is not done, the contradictions or omissions
brought on record cannot be treated as proved before the court.

Discharge of an Accused in a Criminal Case

The usual procedure in a criminal case is that if the police
investigation shows there is a prima facie criminal offence against
the accused, then a final police report (Charge Sheet/Challan) is filed.
The accused is then put to trial for framing of charges against him, by
the Court.

However, the court can discharge the accused person before it frames the
charges against him if no offence is prima facie made out.

Disposal of Property or Documents during Trial

Disposal of property or documents by the criminal court during inquiry
or trial is a crucial issue in some cases.

The legal provision relating to it is well provided for in the Chapter
34 consisting of Sections 451 to 459 of the Criminal Procedure Code,
1973 (CrPC).

Divorce by Mutual Consent under Hindu law

Mutual Divorce is the kind of divorce sought and obtained from the family court by filing a joint petition by both parties in a marriage on the basis of mutual consent. It is the quickest form of divorce for an irreparably broken marriage. Divorce is normally sought only when the husband and wife do not want to live together and continue their marriage relation any longer, despite the fact that Hindu marriage is a sacrament.