Can the order of bail be cancelled?
It is equally well settled that bail once granted, ought not to be cancelled in a mechanical manner. However, an unreasoned or perverse order of bail is always open to…
Female Foeticide – A National Concern
Discrimination against the girl child and by extension women is still prevalent in several parts of the country. The first step towards commission of such an offence is in the…
What will be the consequences of publishing a premature erroneous Postmortem report?
Publishing premature erroneous postmortem reports can distort public perception and derail the course of justice. The impact of a doctor issuing an erroneous postmortem report and publishing it through the…
Definition of Abetment & Suicide Pact
Abetment involves the mental process of instigating a person or intentionally aiding a person in doing of a thing. Abetment by a person is when a person instigates another to…
Conditions necessary for the applicability of Section 27 of the Evidence Act, 1872 (Section 23 of the BSA, 2023).
(i) That consequent to the information given by the accused, it led to the discovery of some fact; (ii) The fact discovered must be one which was not within the…
Role of Doctor as Expert Witness
A doctor is examined by the prosecution as a medical expert for the purpose of proving the contents of the post-mortem report and the medical certificates on record, if any.…
Classification of Oral Testimony
It is a sound and well-established rule of law that the court is concerned with the quality andnot with the quantity of the evidence necessary for proving or disproving a…
What is the role of motive in circumstantial evidence?
In a case based on circumstantial evidence, motive is relevant, but also, there is no rule of law that absence of motive would ipso facto dismember the chain of evidence…
What can be nature of death in gunshot cases & how it can be ascertained?
In Gunshot cases, nature of death can be : (i) Suicidal (ii) Accidental or (iii)Homicidal It can be ascertained after taking into account multiple factors to arrive at a conclusion.…
Whether an Involuntary or Forced Narco-Analysis Test or Similar Test will be permissible under law?
What is Narco-analysis Test? A narco-analysis test is an interrogation method whereby a suspect of a crime is injected with a psychoactive drug under controlled conditions to suppress their reasoning…