Atrocities against members of the Scheduled Castes and Scheduled Tribes are not a thing of the past. They continue to be a reality in our society even today. Hence, the statutory provisions which have been enacted by Parliament as a measure of protecting the constitutional rights of persons belonging to the Scheduled Castes and Scheduled …
There is a phenomenal rise in crime against women. Women’s protection under the Indian Constitution and other legislations will be significant only if those responsible for upholding the law are sensitized to women’s issues. The crime committed by women is skyrocketing. Understanding the challenges women face is essential if the Indian Constitution and other legislation …
For the prevention of corruption in government agencies and to prosecute and punish public employees who engage in corrupt actions, the Prevention of Corruption Act, 1988 (POCA) was established. It’s a potent weapon in the fight against evil. The success of the fight against corruption depends on how well this legislation works. In cases where …
There are no universally accepted definitions of the expressions, “narcotic drug and “psychotropic substance”. The expression “narcotics” has originated from the Greek word “narkoticos” the meaning of which is “benumbing or deadening. The expression narcotic’ is generally used to refer to a class of drugs that are central nervous system depressants, which produce insensibility or …
Compromise Quashing: Parties to the dispute who have arrived at a settlement can file a petition for quashing of the criminal proceedings, FIR, or complaint on the basis of such compromise in the High Court. Section 482 CrPC gives the High Court’s inherent power to pass appropriate orders to prevent abuse of the process of …
A person who has been arrested or detained by the police, or who is in judicial custody, can apply for the regular bail in order to be released from police or judicial custody. Within the Code of Criminal Procedure, Section 437 and 439 enumerate the provisions for grant of regular bail. These provisions allow a …
Anticipatory bail is the statutory remedy that can be invoked in the anticipation of arrest. In some circumstances, it’s also known as pre-arrest bail. This remedy can be invoked when a person suspects or anticipates that he will be arrested at a particular point in time. And the person must have a reasonable apprehension of …
Suspension of Sentence is a statutory remedy within the scope of Section 389, CrPC where the sentence of an accused is suspended by a judicial authority exercising discretion while the appeal is not heard, and finally decided. The broader parameters and the principles have been laid down by the Hon’ble Apex Court & various High …
The quashing of FIR is a statutory power to end all the criminal proceedings arising out of FIR, it is given to the constitutional courts to avoid harassment of innocent people. FIR entails an investigation & criminal trial, but quashing of FIR culminates all the processes of the criminal justice system. In some of the …
