This category focuses on substantive and procedural criminal law, including offences, defences, investigation, trial, and appellate remedies under various criminal statutes.
Articles in this section draw from my litigation experience and legal research. I cover bail and quashing, evidence and procedure, investigation lapses, trial strategy, sentencing trends, and practical approaches to criminal litigation before trial courts, High Courts, and the Supreme Court.
Click here to Download the PDF File or Word file of this Article (Quashing of Criminal Proceedings in Absence of Expert Evidence) Introduction Recently the Hon’ble Supreme Court of India in Suresh & Ors versus State of Madhya Pradesh – { 2023 INSC 102} Criminal Appeal No. 3512 OF 2023 by judgment dated 24.11.2023 quashed an FIR, chargesheet and the criminal proceeding on the ground … Read more
A full bench (3 judges) of the Hon’ble Supreme Court vide its order dated 25.10.2021 in Criminal Appeal No. 1393 OF 2011 Ramawatarv State of Madhya Pradesh found it appropriate to invoke our powers under Article 142 of the Constitution and quash the criminal proceedings under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities … Read more
CASE: Criminal Appeal No.1209 Of 2021: Prem Shankar Prasad Versus The State Of Bihar & Anr. Judgment Date: 21.10.2021 COURT: Supreme Court of India Relevant Extracts: Despite the above observations on merits and despite the fact that it was brought to the notice of the High Court that respondent No.2 -accused is absconding and even … Read more
CENTRAL BUREAU OF INVESTIGATION: A BRIEF INTRODUCTION Central Bureau of Investigation is one of the most premier investigation agencies in the country and is the most trustworthy of all the agencies out there. Starting as an agency established under the Special Police Establishment (SPE) in 1941 by the then Govt. of India, it has come … Read more
Introduction A victim of crime can set the Criminal Justice System into motion either by registering a First Information Report before the jurisdictional Police Station or by filing a complaint case before a Judicial Magistrate. In case an FIR has been registered then the police or the investigating agency files a report to the Magistrate … Read more
What is anticipatory bail? To understand Anticipatory Bail, we may first try to understand the concept of Bail in general. A Bail is a legal guarantee by a person, who is accused of committing any offence which is punishable by imprisonment, for participating in the investigation and facing the trial before the court by making … Read more
The answer to this question is in the affirmative. With the growing use of technology, there is an escalating operation of online websites, documents and digital signatures. Even all the banking transactions can take place comfortably in your hand through mobile phone or laptops. This has caused a sweeping increase in fraud and forgery cases … Read more
Here are some questions which are frequently asked regarding the law of bail and its practice in Allahabad High Court. When is an anticipatory bail application filed before Hon’ble Allahabad High Court? As per the procedural law contained in the Cr. P.C., in a cognizable, non-bailable offence, where police are trying to make an arrest, … Read more
Image Courtesy: global.unitednations.entermediadb.net. What is the Domestic Violence (DV) Act ? This article is also explained through a video below. Domestic violence is a form of abuse or violence in a domestic setting or relationship committed by causing hurt, injury to life, limb, health, safety or mental and physical well-being or causing harm, injury, or … Read more
Due to the apparent dangers of the spread of Coronavirus, the Central Government and State Government in India are invoking various provisions of the Epidemic Diseases Act of 1897 to control the said virus which is officially termed named as COVID19. It has become imperative for the government to do so under the given circumstances … Read more
Sexual harassment at workplace is a grave issue which remained unaddressed for the longest time, continuously violating women’s right to equality, right to life and liberty guaranteed under the Constitution of India and hampering their social, political and economic emancipation. The need for a legislation on this issue was observed by the Supreme Court in … Read more
An Applicant can approach the Courts within whose jurisdiction he apprehends his arrest. It is irrelevant that the alleged offence has been committed outside the jurisdiction of such Courts. If the Courts do not have territorial jurisdiction it may yet grant Anticipatory Bail for a short term with adequate safeguards for approaching the Court having jurisdiction to entertain such application after considering the facts and circumstances involved therein.