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Showing posts from May, 2023

Can Anyone Arrested In India For A Crime Committed In Another Country?

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The jurisdiction of a country typically extends to crimes committed within its territorial boundaries. However, there are certain circumstances where a country may claim jurisdiction over crimes committed outside its territory. In the case of India, it has enacted laws that allow for the trial of certain extraterritorial offenses. These laws enable Indian authorities to exercise jurisdiction over crimes committed by Indian nationals or offenses that have a substantial connection to India, even if they occurred in another country.  Such provisions are commonly found in laws related to terrorism, money laundering, cybercrimes, and certain other serious offenses. The exercise of jurisdiction in these cases is often guided by international treaties, bilateral agreements, and the principle of comity among nations. Types of Crime Leading to Arrest in India for Offenses Committed in another Country When it comes to crimes committed in another country for which someone can be arre

What Evidences Are Required To Prove A False 498a Case ? 

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Women are often the victims of various crimes as compared to men. Hence, various laws have been formulated to specifically protect women from being the victim of such offences. But, Section 498A of IPC, which was also introduced to protect women from violence against them, is now being commonly used as a tool against their husband and in-laws in many cases. As has been mentioned under Section 498A, it will be a crime committed by the husband as well as his family members if  a woman is subjected to mental cruelty by them which can drive such woman to commit suicide or cause physical or any mental injury with an intention of forcing her or any relative of hers to any unlawful demands of property.  Protection against false cases of 498a IPC ? Below is a list of remedies which can help one to protect himself when a false complaint is file against him or if he or his family are being threatened for the same:- Evidence and documents- the first step proving an accusation under Section 498a

What Are The Three Types Of Property ?

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Property’ is a huge concept which could not be summed up with a mere definition in a few words. This could be the reason as to why the lawmakers were not able to bring a concrete definition neither under the Transfer of Property Act nor the Registration Act. To understand in simple words,  property could be understood as to what  could be owned, controlled and managed, and also has a certain market value. Since the concept is too vast, different kinds of property can also be based on discrete factors which are mentioned below.  Kinds of property as per the Transfer of property Act, 1882 The legal provision regulating the transfer of property in India is known as the Transfer of Property Act, 1882. It uses terms such as moveable, immoveable, tangible and intangible when it comes to categorising different types of property. Although the terms have not been defined under the TPA Act, the terms movable and immovable property have been explained under the Registration Act, 1908.  

What Happens If The Accused Dies ?

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The Code of Criminal Procedure, 1973 is a procedural law which provides the mechanism as to how the criminal trials shall be conducted on the basis of substantive criminal law such as the IPC as well as other criminal statutes. A Criminal Trial is initiated against an accused and if during such trial the accused dies, in such a situation the question arises as to what will happen to these criminal proceedings. In case you are involved with a criminal case, you are advised to seek legal advice from experienced Criminal Lawyers In Srinagar or Criminal Lawyers In Sonipat . The article below attempts to explain this question- Procedure for a criminal case- The basic objective of the criminal justice system is ensuring that the trial shall  be fair and just. First, a complaint shall be registered with the police after a wrong has been committed, the police would then start a primary investigation. Based on the investigations made, the police will arrest the suspects if need be

Is Court Marriage Safe In India ?

A traditional marriage generally means a huge number of people, pomp and show. However, nowadays people are not in favour of following this traditional practice and have started to accept the practice of court marriages because of its simplicity. The Constitution of India permits a male and a female to marry under the Special Marriage Act, 1954. Court marriages could be completed within one day and in the presence of three witnesses, a few required documents, and a few simple steps. However, people are still a bit apprehensive about the advantages and disadvantages of court marriages.   What are Steps to follow for Court Marriage?  Mentioned below is the procedure for the court marriage in a few simple words: Prior notice to the Marriage Registrar Before the marriage, a marriage application is required to be submitted to your district’s marriage registrar. This notice is the notice for intended marriage which could be obtained by  anyone  from the official webs

What Is The Purpose Of Section 3 Of Hindu Marriage Act?

Numerous examples of marriage fraud cases that left both men and women afraid or ashamed led to the proposal of this legislation. This act requires everyone who identifies as a Hindu, Jain, Sikh, or Buddhist and who is not also a Muslim, Christian, Parsi, or Jew, or who is subject to another law, to uphold it. Any individual who is a Hindu by birth or by religion is bound by this rule. The Hindu Marriage Act contains a detailed definition of a Hindu in Section 2. Section 3: The Hindu Marriage Act of 1955's Section 3 repeals the Smritis' list of prohibited degrees of kinship and adds new ones, such as the prohibition on marrying one's brother's spouse. Women who have recently been divorced or widowed are excluded from this rule, nevertheless. The phrases "Custom" and "Usage" refer to any rule that has been continuously observed for an extended period of time and has been legally obligatory among Hindus in a specific location, tribe, community, g

What Is The Evidentiary Value Of A Statement Before A Magistrate?

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Any Metropolitan Magistrate or Judicial Magistrate, regardless of whether they have jurisdiction over the case, has the power to record any confession or statement that a subject makes to them during or after an investigation, but always before the investigation or trial. The Criminal Procedure Code, 1973 (CrPC) contains a provision for this under Section 164.   Confessions as well as other non-confessional utterances are both permissible under this Section. It makes a particular provision to record confessions made voluntarily and voluntarily, without being coerced or influenced.  A confession that has been so documented is more substantial than a non-confessional statement. Confessions are recorded differently than statements are, using a different format. Any confession or statement made in front of the magistrate pursuant to Section 164 CrPC may be audio-video recorded with the accused person's defence attorney present. Value of a Statement before a Magistrate as Evid

Is Destroying Historical Monuments A Criminal Offense

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A monument is a specific type of structure that was created with the intention of honoring someone or something; it may also have gained significance to a social group as a It has contributed to people's collective memory or cultural heritage due to its artistic, historical, political, technological, or architectural significance. Megalithic structures such as dolmens and menhirs, some of the first monuments, were erected for religious or burial purposes. Among the numerous kinds of monuments are statues, memorials for past conflicts, old buildings, and cultural treasures. If the general public cares about the preservation of a monument, it might be added to the list of UNESCO World Heritage Sites. Many pieces of legislation have been approved. Each State Party to this Convention acknowledges that it is their responsibility to attend to the identification, protection, conservation, presentation, and transmission of the cultural and natural assets, i.e., those places that m

What Is The Process Followed By A Lawyer For Anticipatory Bail?

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Anticipatory bail is discussed in Section 438 of the Criminal Procedure Code and is always requested before an individual is arrested. It is used when someone thinks they will be arrested or that someone might submit a police report against them. Anticipatory bail is issued based on a number of different circumstances. It is crucial and vital to request anticipatory bail in court if your FIR contains non-bailable parts in order to avoid being arrested by a police officer. It is best to avoid the officer and file for anticipatory bail as soon as the FIR is lodged and you suspect that the officer would add IPC sections that could result in your imprisonment. Application for Anticipatory Bail In advance of an arrest, anticipatory bail is set. It is an order that is given before an individual is arrested to release them on bond. The person has the right to request this kind of bail if he has cause to suspect that he will be arrested for an offense for which he has been wrongf