Why should a person arrested be informed about the ground of arrest?
a) The requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory constitutional condition. b) Once a person is arrested, his right…
Right of Accused after Arrest
Section 47 of the BNSS reads thus: “47. Person arrested to be informed of grounds of arrest and of right to bail. – (1) Every police officer or other person…
Quashing of FIR
When a prayer for quashing the FIR is made by the alleged accused and the court when it exercises the power under Section 482 CrPC (now Section 528 of the…
What procedure should be adopted when there is a cross case?
A fair procedure that should be adopted in a matter where there are cross cases is to direct the same learned Judge to try both the cross cases one after…
What is default bail?
Default bail is also known by the name ‘compulsory bail’, as the grant of bail upon meeting the eligibility requirements is indispensable. It is also known as ‘statutory bail’, as…
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…