BY SHIVAM SHARMA INTERN, H.K. LAW OFFICES INTRODUCTION Children are always attributed with innocence, beauty, and without a possibility of malignity in them. They are the torch bearers of our nation and hence they shall be treated equally as adults. Their life and liberty shall be considered as important as adult citizens of the nation.Continue reading “Analysis of Section 86(2) of the Juvenile Justice (Care & Protection of Children) Amendment Act, 2021”
Category Archives: Law on Bail
RIGHTS OF AN ARRESTED PERSON
BY POOJA TOOR LEGAL INTERN, H.K. LAW OFFICES INTRODUCTION In a literary sense, arrest means the action of seizing someone and taking them into legal custody. It means deprivation of personal liberty of the accused. Whenever an offence is committed by any person, he is taken into custody to investigate and inspect the case Thus, after an arrest,Continue reading “RIGHTS OF AN ARRESTED PERSON”
Essential Ingredients of Section 307 IPC- The Prosecution is required to prove its case beyond reasonable doubt & conviction cannot be based merely on the basis of presumption to rule out the presence of accused- SC REAFFIRMS
IN A RECENT JUDGEMENT SET OUT BY ASSIDUOUS EFFORTS OF HK LAW OFFICES IN CASE TITLED AS ‘VASUDEV V. STATE OF M.P., 2022 SCC OnLine SC 118, AIR Online 2022 SC 80‘, WHEREIN THE HON’BLE SUPREME COURT OF INDIA POINTED OUT THE GRAVE ERROR COMMITTED BY TRIAL COURT AND HIGH COURT IN CONVICTING THE APPELLANTContinue reading “Essential Ingredients of Section 307 IPC- The Prosecution is required to prove its case beyond reasonable doubt & conviction cannot be based merely on the basis of presumption to rule out the presence of accused- SC REAFFIRMS”
SECTION 498A IPC- A WEAPON RATHER THAN A SHIELD OF A DISGRUNTLED WIFE
BY SUCHI CHATURVEDI ASSOCIATE, H.K. LAW OFFICES What is Section 498A Indian Penal Code? 498A-Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extendContinue reading “SECTION 498A IPC- A WEAPON RATHER THAN A SHIELD OF A DISGRUNTLED WIFE”
LODGING OF FIR AND REDRESSAL MECHANISM ON REFUSAL BY POLICE TO REGISTER FIR
BY SANSKAR RASTOGI LEGAL INTERN, H.K. LAW OFFICES INTRODUCTION Nowadays, it is common for people to come across a refusal on registering FIR by the Police Officials. This article is all about what happens if the Police refuses to register FIR, what remedies do people have if they are refused for FIR registration on anContinue reading “LODGING OF FIR AND REDRESSAL MECHANISM ON REFUSAL BY POLICE TO REGISTER FIR”
LAW ON BAIL- PART II: ANTICIPATORY BAIL
A comprehensive analysis of section 438 Cr.P.C., the law of anticipatory bail from Gurubaksh Singh Sibbia to Sushila Aggarwal. By Megha Chaturvedi, Associate H.K. Law Offices A person accused of committing a non-bailable offence and who has reasons to believe that he may be arrested in such crime, can apply to the Court of SessionsContinue reading “LAW ON BAIL- PART II: ANTICIPATORY BAIL”
LAW ON BAIL – PART I : BAIL AS A MATTER OF RIGHT
Reaffirming- ‘Bail is the Rule and Jail is the exception’ By Megha Chaturvedi, Associate H.K. Law Offices WHAT IS BAIL? It is a known fact that no statute including The Code of Criminal Procedure has defined the term Bail yet is has much elaboratively precise meaning. According to Halsbury’s Laws of England – “the effectContinue reading “LAW ON BAIL – PART I : BAIL AS A MATTER OF RIGHT”