Difference Between Ex ante & Ex post
Ex ante means an assessment made before the occurrence of an event, based on anticipation of conduct or harm, whereas ex post scrutinizes the legality and liability after the relevant…
What is considered while granting bail to the NDPS case involving commercial quantity?
While considering the application for bail made by an accused involved in an offence under the NDPS Act a liberal approach ignoring the mandate under Section 37 of the NDPS…
When offence under Section 3(1)(r) of the SC/ST Act can be said to have been committed?
Sections 3(1)(r) and 3(1)(s) of the SC/ST Act read as under, “3. Punishments for offences atrocities.—3(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,— (a)…
What if there is inaction and/or nonaction by the police in registering the FIR relating to a cognizable offence ?
The statutory framework contemplates that information relating to the commission of a cognizable offence is first placed before the officer-in-charge of the police station and an FIR is registered under…
What is the Last Seen Theory ?
The last seen theory comes into play where the time gap between the point of time when the accused and the deceased were last seen alive and the deceased is…
Sterling Witness
The “sterling witness” should be of a very high quality and calibre, whose version should be unable to be attacked, questioned or defeated. The court considering the version of such…
Evidence to be weighed not counted
Evidence on record is to be measured for quality, not on the basis of quantity. If the testimony is of ‘sterling quality’, resting a conviction thereon would be entirely permissible.…
Second Complaint could be filed before Magistrate on the same allegation
There is no provision in the Code or in any other statute which debars a complainant from filing a second complaint on the same allegation as in the first complaint.…
Complaint & Its Essentials
The word “complaint” has a wide meaning since it includes even an oral allegation. It may, therefore, be assumed that no form is prescribed which the complaint must take. It…
What are the courses available to a Magistrate on receipt of a negative report / Final Report by the Investigating Officer?
The following four courses are open to the Magistrate concerned: – 1. to accept the report and to drop the proceedings; 2. to direct further investigation to be made by…