The BNSS Section 196 provides for Inquiry by the Magistrate into the cause of death. It empowers the magistrate to conduct an inquiry in certain cases of death in addition to the investigation conducted by police officers. It is done to avoid any discrepancy and the chance of mistakes in such cases. The additional inquiry …
The role of a witness is crucial to a nation’s basic judicial system. They support the judiciary in ascertaining the truth. The case depends on the witnesses. Bentham thought of witnesses as the eyes and ears of the court. However, what occurs when these witnesses become antagonistic. Removing a witness from his role as the …
Res gestae are the facts that inherently or spontaneously become a part of the same transaction. These are the deeds that have the most impact. These facts become significant in the context of the fact at hand because of their connection to the primary transaction. It is acknowledged that circumstantial evidence is an element of …
Section 180 of BNSS provides for the examination of witnesses by police. It means that the police will examine the witness during the investigation. It replaces the old provision of Cr.P.C. This section outlines the procedure that a police officer should follow while examining the witness. It is an important procedure in a criminal trial. …
Each event is composed of several facts and is a fact in and of itself. Factual proof led to the development of the law of evidence. Although there is a distinction between facts that are relevant and facts that are admissible, the chapter “Relevancy of Facts” can be used as a tool to identify facts …
In criminal proceedings, the evidence is crucial to the decision-making process and the pursuit of justice. Oral and documentary evidence are both accepted under the Bhartiya Sakshya Adhiniyam. Documentary evidence is defined as records that are produced for a court’s review under the Bhartiya Sakshya Adhiniyam. Throughout the course of the inquiry, the documented evidence …
Grammar-wise, the term “presumption” refers to a supposition, a basis for assuming something is true in the absence of concrete evidence, or the conclusion or inference that a fact exists. In its broadest meaning, the term “presumption” refers to a legal rule, either statutory or judicial, whereby, in the absence of actual certainty regarding the …
Dishonouring a cheque is punishable by up to two years in jail under Section 138 if the cheque is endorsed for insufficient cash. Recent instances have shown time and time again that cases about the dishonoring of checks take a very long time to resolve. The legislation’s sanctity has been diminished as a result of …
Cheque Bounce and Its Judgments of Favor of Drawer Read More »
Since checks work as a medium of exchange that promotes cashless transactions, people find it more convenient to carry checks rather than cash. People favor cheques because they reduce risk when making large or expensive transactions. An unmarked bill of exchange issued on a particular banker that is due only upon demand is called a …
Cheque Bounce and Its Judgments of Favor of Payee Read More »
A transfer petition to the Supreme Court is a crucial tool in the Indian legal system for defending justice and the rights of all parties in a case. The purpose of these petitions is to ask for the transfer of a matter from one court to another, usually for convenience, impartiality, or security grounds. Transfer …
