Criminal Law

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Supreme Court Judgments on Cheating with Proprietary Element

Section 420 of the Indian Penal Code pertains to the offence of cheating and dishonestly inducing delivery of property that can be converted to valuable security. Supreme Court judgments have established the importance of distinguishing between cheating without proprietary element and cheating with proprietary element. This is because cheating without proprietary element attracts section 417 of IPC, not as 420. 

Supreme Court Judgments on Abetment of Suicide

Section 306 of the Indian Penal Code pertains to abetment of suicide. Simply put, when one person drives another to commit suicide with a clear motive, followed by actions to drive another to commit suicide, it amounts to abetment of suicide. Recent Supreme Court judgments have established the importance of intention of the accused to prove this offence under section 306.

Emergence of Hostile Witnesses in Courts

 Criminal law in India envisages a system whereby the accused person faces a fair trial. This includes giving the accused an opportunity to hear and refute any evidence presented against him in court. This evidence may be direct or circumstantial evidence, forensic evidence, etc. Another important evidence is the eye witness account.

Career in Law: Opportunities for a Criminal Lawyer in India

Criminal lawyers are licensed legal professionals who are authorized by law to protect the legal rights of their clients. A career in law as a criminal lawyer requires you to represent your client, usually accused of committing a crime. Criminal lawyers usually prefer to be paid upfront or immediately on the day of their representation. 

India Legal News: New Catering Policy in Indian Railways

In July 2010, India legal news reports featured the changes in catering services that were announced by the Indian Railways Ministry. Soon, the Indian railways ministry will take charge of all catering services, from the grasp of the Indian Railways Catering and Tourism Corporation (IRCTC). The process will take place in a phased manner. Further, the catering services will be provided through departmental catering. The increase in number of complaints about the quality of food served in the Indian Railways has prompted the government of India to frame a new policy.

Criminal Law in India: Cruelty by Husband

Domestic violence is a serious issue faced by several Indian women. Indian women are known to tolerate it in silence because they want to protect family honor and endure it for the sake of their children.

India Legal News: RTI Activist Shot Dead

On 21st July 2010, India legal news reports were all featuring the sordid killing of an RTI activist, Amit Jethwa, who was shot dead by unidentified men. The fact that this brutal incident happened right outside the Gujarat High Court adds a twist to it too. Eye-witnesses state that the two gunmen fired at Jethwa from a close range. After being shot, Jethwa actually ran after the killers, but soon succumbed to the grave injury that was inflicted by their shots and he fell. Though the assailants fled, they left behind their motorbike, the firearm and a bag. The revolver and two unused cartridges were taken into police custody. Further, the police stated that they suspect this to be a case of contract killing. Jethwa’s body was sent for autopsy.

The father of the deceased RTI activist alleged that Dinu Solanki, a BJP MP, is the person who masterminded his son’s death. In his statement to the Press, Bhikabhai Jethwa told the mediapersons that the MP had threatened them many times and even in public.

Child’s Actual Age Matters under Indian Law

As per Indian law, a minor cannot be convicted in the same manner as an adult. Also, a child can never be imprisoned or given a death sentence.

Criminal Law: Britain To Amend its Criminal Justice System

Britain is all set to amend its broken criminal justice system. In July 2010, the justice secretary, Ken Clark, announced the ‘Rehabilitation Revolution,’ which has the support of the British Prime Minister, David Cameron. He has firmly supported the proposal against short sentences. As per the plan which is currently in development phase by the Ministry of Justice, probably the sentence of six months would be replaced by community punishments. Further, top five priorities of the Ministry of Justice include reforms spanning different areas such as revolution in rehabilitation, courts, legal aid, reforms of prison property and restoration of civil liberties.

Indian Law on Child’s ‘Legal’ Age

There are several inconsistencies in Indian law, regarding the definition of a child and the actual scope of child rights. As per criminal law in India, a child is a minor who is below the age of 18 years. The Age of Majority Act 1875 stipulates that an Indian citizen shall attain adulthood, only on attaining the age of 18 years, unless otherwise suggested by any personal law. This Act intends to bring uniformity in the applicability of various Indian laws to people of different religions.