The Indian criminal justice system has always grappled with the delicate balance between punishing offenders and safeguarding the rights of those accused, especially in the case of juveniles. One critical aspect that pertains to this balance is the question of whether juveniles can avail the benefits of Section 436A of the Code of Criminal Procedure …
Empowering Juvenile Undertrials under Section 436A CrPC Read More »
When the police receive information, a complaint, or a report about a crime, an officer may arrest the suspect specified in the report to prevent additional violations. The suspect is then taken to the police station and is said to be in police custody. Police custody consists of the offender being detained in a prison …
Can Police Custody Be Granted After Judicial Custody? Read More »
In a recent hearing of the case Directorate of Enforcement v Raman Bhuraria, the Enforcement Directorate challenged the order of the Delhi High Court in the Supreme Court, where the High Court granted bail to the internal auditor of the Shakti Bhog Foods Limited (SBFL) in a case which involves bank loan fraud of several …
Constantly Sharing Location With The Police- Condition To Grant Bail? Read More »
In Delhi, a person can get bail by following the legal process provided for in the Indian law. The Indian law provides for different provisions for bail, including: To get bail in Delhi, the accused has to approach the court of competent jurisdiction and apply for bail under the relevant provision of the law. The …
The concept of bail plays a vital role in protecting the liberty of each and every individual under the criminal justice system not only in India but in the world also. In India, bail is not granted automatically. Bail has to be applied in court and courts carefully examine each case to decide whether the …
Different Grounds for Bail in India – Legal Explanation with Real Context Read More »
In India, being accused of a crime doesn’t mean you’re guilty. Our legal system is based on the principle that a person is innocent until proven otherwise. Bail plays a crucial role in protecting this principle. It ensures that someone who hasn’t been convicted isn’t unnecessarily kept behind bars while their case is still being …
Comprehensive Guide to Bail Provisions in India: Types, Process, and Legal Insights Read More »
The word “rape” carries intense emotional, social, and legal consequences. Indian law rightly treats this offence with utmost seriousness. However, in some cases, the same laws are misused — turning them into tools for personal revenge, extortion, or to cause irreparable damage to a reputation. If you or someone you know is falsely accused, a …
Can Anyone Get Bail in Rape Cases in India? Understanding the Law and Legal Remedies Read More »
In the law and litigation field in Indian jurisdiction, it is very commonly known that it is a long lengthy process if you are entering into court procedure to deal with your case, as we all know it takes years for the court to pass the judgment but the most core feature of the judiciary …
While recently deciding upon an application for anticipatory bail, the Allahabad High Court observed that, “it is quite unnatural that a father-in-law shall commit rape of his own daughter-in-law along with any other person in our Indian culture.” Facts: Babu Khan, who was accused of offenses under Section 376, 511, 504 and 506 of the …
Bail granted on assumption that father-in-law cannot rape daughter-in-law Read More »
In the case of Nethra v The State of Karnataka, the High Court of Karnataka held that bail can’t be given in offenses punishable by death or life sentence is not law. The single Bench of Justice M Nagaparasannna observed this while granting bail to a woman accused of murdering her husband. The facts of …
Women can be given Bail for Non-Bailable Offences Read More »
