This article is a reflective note on the meaning of the term ‘Cognizance’ with reference to Vinubhai Haribhai Malviya v. State of Gujarat Judgment[1]. Meaning: The expression “Cognizance of an offense” or “taking cognizance of an offense” has not been defined or specifically explained anywhere in the CrPC. But this Read more…
Introduction No nation is left unaffected by the bootleg market organ exchange and organ dealing. Notwithstanding, a few States are known more for having specialists that will illicitly transplant, while others are progressively known for residents searching out unlawful transplants. In one investigation of bootleg market organ exchanges and transplantation, Read more…
Introduction Good faith is defined under section 52 of the Indian Penal Code. Due Care is the essential part of Duty of Good Faith without which Good faith cannot be said to done or proved. The expression of ‘with due care and attention’ is mentioned only under section 52 of Read more…
Introduction The Code of Criminal Procedure, 1973, provides for two categories of magistrates, Executive Magistrate and Judicial Magistrates. The Court of the Executive Magistrate is the last in the hierarchy of criminal courts provided in the Code of Criminal Procedure and is under the control of the State Government. The Read more…
Introduction: Rape as an offense is not confined within borders of any country in the world and hence, it is of universal nature. It is a vital blow to human rights across the world. In India, it is defined in section 375 of the Indian Penal Code 1860 which refers Read more…
Introduction Criminal Law in the Republic of India is assessed into two categories: The Indian Penal Code, 1860, and the Code of Criminal Procedure, 1973. Criminal Law is either substantive law i.e. that defines offenses and prescribes punishments for them, or procedural or adjective law. In different words, substantive law Read more…
Introduction The Central Bureau of Investigation (CBI) is the domestic premier intelligence and security agency of India. Over the years CBI has built up an image for professionalism and integrity. The services of its investigating officers are sought for all major investigations in the country. CBI as an organisation is Read more…
Introduction Examination of witnesses is an important principle in which witness takes a stand of his or her words. The witnesses help to clarify what happened by telling the judge everything they know about an event. A witness is someone who has relevant information about a crime. Examination of witnesses forms Read more…
Introduction There has been an increase in the number of divorces cases in India. Subsequently, the awareness regarding the procedure of divorce along with a very important aspect of divorce, ‘maintenance’, has increased. Generally, in Family Law, maintenance is often used along with terms like alimony, spousal support. In the Read more…
INTRODUCTION The era of the 21st century has evolved breathtaking changes and advancements in the technological aspects creating humongous developments in the justice system in India. Starting from privacy, liberty, personal autonomy including self-incrimination everything unimaginable a few years ago is right now functioning at its best. The country has Read more…
INTRODUCTION Section 154 of the Criminal Procedure Code, 1973 lays down procedure regarding the information given to the police in cognizable cases and provides for the manner in which such information is to be recorded. An analysis of Section 154 is as follows: The information is to be given to Read more…
Introduction The Prevention of Corruption Act, 1988, is the successor of the Prevention of Corruption Act, 1947. The limitations of the Prevention of Corruption Act, 1947 led to the present 1988 Act. There were many important provisions that were absent in the Prevention of Corruption Act, 1947, among them were Read more…