Fundamental Rights | Directed principle state policy - FindYourAdvocate
Posts
Remand under section 309 crpc | Remand of an Accused During Further Investigation |Police Remand After Filing Of Charge Sheet | Find Your Advocate
written by :- Ananya Sharma
Remand of an Accused During Further Investigation We are well aware of the custody of an accused before the filing of charge-sheet that is during the stage of pre-cognizance. An accused can be kept in police custody for a maximum of 15 days and the remand i.e the judicial custody can be extended by the Judicial Magistrate to a period of 60 days or 90 days depending on the gravity of the offence and the amount of punishment for the offence. But a vital question which needs to be addressed is what happens to the custody of the accused after the filing of the charge-sheet and under which custody can an accused be kept for further investigation?The distinction of custody can be inferred with the help of sections 167 and 309. Section 309 elucidates on the power of the court to postpone or adjourn proceedings and remand the accused into custody if it deems fit. But the main issue arose as to whet…
Remand of an Accused During Further Investigation We are well aware of the custody of an accused before the filing of charge-sheet that is during the stage of pre-cognizance. An accused can be kept in police custody for a maximum of 15 days and the remand i.e the judicial custody can be extended by the Judicial Magistrate to a period of 60 days or 90 days depending on the gravity of the offence and the amount of punishment for the offence. But a vital question which needs to be addressed is what happens to the custody of the accused after the filing of the charge-sheet and under which custody can an accused be kept for further investigation?The distinction of custody can be inferred with the help of sections 167 and 309. Section 309 elucidates on the power of the court to postpone or adjourn proceedings and remand the accused into custody if it deems fit. But the main issue arose as to whet…
Inherent Power of High Courts | Non-compoundable Offences | Criminal Procedure Code, 1973 | Find Your Advocate
Inherent Power of High Courts | Non-compoundable Offences under Criminal Procedure Code, 1973 | Find Your Advocate written by - Shrey Sinha
Introduction: Criminal Procedure Code, 1973 (Cr.P.C.) under section 320 provides for compounding of certain offences under Indian Penal Code (IPC). Provision dealing with compounding of offences encourages out of Court settlement of disputes and thus, reducing the burden of the Court thereby saving both its time and effort. There have been several instances where High Courts have considered cases for compounding of non-compoundable offences while exercising its inherent power under section 482 of Cr.P.C. where parties have approached the Court for the same. However, there have been no uniform pattern followed by the High Courts and this led to confusion among the litigants. Therefore, in order to remove this ambiguity, Supreme Court has provided guidelines to be followed by High Courts while exercising its inherent powers when dealing with such ca…
Introduction: Criminal Procedure Code, 1973 (Cr.P.C.) under section 320 provides for compounding of certain offences under Indian Penal Code (IPC). Provision dealing with compounding of offences encourages out of Court settlement of disputes and thus, reducing the burden of the Court thereby saving both its time and effort. There have been several instances where High Courts have considered cases for compounding of non-compoundable offences while exercising its inherent power under section 482 of Cr.P.C. where parties have approached the Court for the same. However, there have been no uniform pattern followed by the High Courts and this led to confusion among the litigants. Therefore, in order to remove this ambiguity, Supreme Court has provided guidelines to be followed by High Courts while exercising its inherent powers when dealing with such ca…
What is an Abduction? | Meaning &Types of Abduction | Child Abduction | Find Your Advocate
written by Anusha Agarwal
ABDUCTION MEANING- Abduction means carrying away of an individual by fraud or force. According to Section 362 of the Indian penal code 1860, abduction takes place when an individual by force compels or by any deceitful means induces another person, to go from any place. Abduction pure and simple is not an offense. It is an auxiliary act not punishable in itself, but when it's amid a particular intention to commit another offense, it intrinsically becomes punishable as an offense. EXAMPLES- (1) If the intontion is to cause secretly or wrongfully an individual , section 364 IPC applies; (2) If the intention is that the person abducted may be murdered or so disposed of as to be put in danger of being murder section 364 of IPC applies; (3) If the intention is to cause grievous hurt or to eliminate the person abducted on put him/her in peril of being subjected to grievous hurt or slavery, or the unnatural lust of a person section 367 IPC applies; EXPLANATION- …
ABDUCTION MEANING- Abduction means carrying away of an individual by fraud or force. According to Section 362 of the Indian penal code 1860, abduction takes place when an individual by force compels or by any deceitful means induces another person, to go from any place. Abduction pure and simple is not an offense. It is an auxiliary act not punishable in itself, but when it's amid a particular intention to commit another offense, it intrinsically becomes punishable as an offense. EXAMPLES- (1) If the intontion is to cause secretly or wrongfully an individual , section 364 IPC applies; (2) If the intention is that the person abducted may be murdered or so disposed of as to be put in danger of being murder section 364 of IPC applies; (3) If the intention is to cause grievous hurt or to eliminate the person abducted on put him/her in peril of being subjected to grievous hurt or slavery, or the unnatural lust of a person section 367 IPC applies; EXPLANATION- …
World Environment Day 2020 Theme | Find Your Advocate
World Environment Day 2020
What is the meaning or definition of the Environment?The term Environment has vast meaning. No one can give the exact term or definition of the environment. Many scholars try to give many differences or meaning but if you search the term environment in your dictionary then you find "Environment meaning is Sphere or Surroundings or Ambit." In normally, we know that Environment meaning Nature. When the World Environment Day is celebrated?Every year the world environment day celebrated on June 5.
This Year World Environment day celebrate 05 June 2020
Objective and History of World Environment Day?world Environment Day (wed) is celebrated each yr on 5 June. It's far the ‘united nations’ top car for encouraging attention and movement to defend our environment. World environment day has emerged as a worldwide platform for public outreach, with greater than 143 nations taking part annually. First prepared in 1974, it has been the main campaign for en…
What is the meaning or definition of the Environment?The term Environment has vast meaning. No one can give the exact term or definition of the environment. Many scholars try to give many differences or meaning but if you search the term environment in your dictionary then you find "Environment meaning is Sphere or Surroundings or Ambit." In normally, we know that Environment meaning Nature. When the World Environment Day is celebrated?Every year the world environment day celebrated on June 5.
This Year World Environment day celebrate 05 June 2020
Objective and History of World Environment Day?world Environment Day (wed) is celebrated each yr on 5 June. It's far the ‘united nations’ top car for encouraging attention and movement to defend our environment. World environment day has emerged as a worldwide platform for public outreach, with greater than 143 nations taking part annually. First prepared in 1974, it has been the main campaign for en…
Sex Education: Is It Still Prohibited in India?- Find Your Advocate
Sex Education: Is It Still Prohibited or Taboo in India?
In India, it seems that you should not have sex with a stranger until your parents arrange it for you.
Sex education is the most controversial issue of all time in India. India has always been on the list of developing countries and is reminded of it to this day. This discussion always leads to a lot of controversy and eventually goes back to the square without finding a solution. Even if the government wants to change the way people think, people are deprived of being literate about what they need to know. Everyone's opinion on a single issue is different. Some people think that in every living thing that happens it is just a natural phenomenon, while others are driven by desire and have an accident. For some, sex is a means to an end and for some, it means spirituality. So universal, when you look at it;
What is sex? Is it a word of prohibition because India is a cultured country or it is being misused by all of us.
Anything …
In India, it seems that you should not have sex with a stranger until your parents arrange it for you.
Sex education is the most controversial issue of all time in India. India has always been on the list of developing countries and is reminded of it to this day. This discussion always leads to a lot of controversy and eventually goes back to the square without finding a solution. Even if the government wants to change the way people think, people are deprived of being literate about what they need to know. Everyone's opinion on a single issue is different. Some people think that in every living thing that happens it is just a natural phenomenon, while others are driven by desire and have an accident. For some, sex is a means to an end and for some, it means spirituality. So universal, when you look at it;
What is sex? Is it a word of prohibition because India is a cultured country or it is being misused by all of us.
Anything …