Why is the Complaint Examination Important? Before initiating criminal proceedings under Indian criminal law which provides safeguards to ensure that the complaint is a genuine person and was not filed with malicious intent. One such safeguard is the examination of the complainant on oath under Section 200 of the CrPC (Criminal Procedure Code, 1973)/ 223 …
As we know that Sexual assault is one of the most serious crimes under Indian law, with severe legal repercussions and major social repercussions. However, the misuse of these regulations through false allegations of rape is becoming a bigger issue and increasing day by day, and most of the Innocent persons are victim in such …
Indian society particularly in urban cities has become more accepting of live-in relationships. However, cohabiting without marrying raises significant social and legal issues, one of which is when a relationship terminates and a woman initiates a rape accusation against a man. What Is a Live-In Relationship Under The Indian Legal System? A live-in relationship under …
Can a Rape Case Be Filed After Ending a Live-In Relationship in India? Read More »
Any criminal behaviour that occurs on or through computers, the internet, or other recognised technology is considered a cybercrime, according to the Information Technology Act. Cyber Crimes are also dealt with under the Indian Penal Code, 1860. The Ministry of Home Affairs (MHA) notified the Home Committee that according to the NCRB’s 2019 report, “Crime …
In addition to providing proper legal machinery by establishing special courts for the trial of such charges and matters connected to child sexual abuse crimes, the goal of POCSO – Protection of Children from Sexual Offences Act, 2018 was to defend children from sexual assault, sexual harassment, and pornography violations. The formation of the POCSO …
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Cheque bounce cases are dealt with under section 138 Negotiable Instrument Act, 1881(hereinafter NI Act). Under section 138 of NI Act, cheque has to be presented to the bank within 3 months from the date mentioned in the cheque. After receiving notice from the bank regarding return of cheque as unpaid, within 30 days a …
In business transactions cheques are used for paying money through the bank. Section 6 of Negotiable Instrument Act, 1881(hereinafter NI Act) defines cheque as a bill of exchange which is drawn on a specified banker and not expressed to be payable otherwise than on demand. It also includes an electronic image of a truncated cheque …
According to Section 138 of the Negotiable Instruments Act of 1881, bouncing a cheque is an offence that is punished by a fine up to double the value of the check or up to two years in prison or both. A cheque is said to have bounced when the payee presents it to the bank …
The Negotiable Instrument Act, which was created to facilitate the expansion of banking and commercial operations, was enacted in the year 1881. Legalising the scheme of negotiable instruments was the main goal of this enactment. Negotiable Instruments are documents that can enable the transfer of certain monetary value in a legalised manner. The document creates …
Cheque Bounce Explained: Section 138 of Negotiable Instrument Act Read More »
An FIR stands for First Information Report and is the document through which a criminal proceeding is initiated. This document is prepared under Section 154(1)(x) of CrPC and can be lodged only in cases of cognizable offences. Frivolous FIRs can be predicted in certain cases, as might be a consequence of some disturbances in personal …
What to do if Someone Plans to File for Against you? Read More »
