The High Court can quash a FIR if it believes the person is innocent and has been falsely implicated. A High Court can overturn the FIR because it is a false case and order the police to release the aggrieved person if he has been arrested. Legal Provision Section 482 of the Code of Criminal …
Matrimonial Disputes refer to disputes between husband and wife or between spouses. It can result in divorce, nullity of marriage, maintenance for wife and child, custody or guardianship of child, judicial separation, permanent alimony, settlement, and other outcomes. Legal provision Section 482 of the Code is a saving clause that declares the High Court’s inherent …
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Section 420 IPC is a serious form of cheating that includes inducement (leading or moving someone to do something) in the form of the delivery of property or valuable securities. This section also applies to cases in which property is destroyed as a result of fraud or inducement. This section provides for punishment for cheating, …
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The enactment of the New criminal law by Indian Parliament out of which the Bharatiya Nyay Sanhita, 2023 (BNS) marks a significant overhaul of India’s criminal justice system, aiming to replace the colonial/old Indian Penal Code (IPC) of 1860 which was administered by Brithshers. While the new law promises a modernized approach to criminal law, …
The President of India assented to the Bhartiya Nyaya (second) Sanhita Bill 2023 on December 25, 2023. The Bhartiya Nyaya Sanhita Bill 2023 (BNS) is one of three criminal bills submitted by the Union Government to replace the 1860 Indian Penal Code (IPC). These three laws go into effect on July 1, 2024. Terrorist acts …
Quashing an FIR under Section 376 of the Indian Penal Code (IPC), particularly in matrimonial disputes, is a complex legal process. While cases under Section 376 IPC are rarely quashed in ordinary circumstances due to the gravity of the offense, there are some exceptions based on specific circumstances. In a recent case, the Delhi High …
The Act seeks to address developing challenges like as cybercrimes, crimes against women, and technology improvements while adhering to international best practices and human rights standards. This act is a critical step towards ensuring India’s criminal justice system is fair, efficient, and effective, with far-reaching ramifications for human rights and the rule of law. Key …
In the Indian legal system, you may bring or draft a writ petition in the Supreme Court pursuant to Article 32 of the Indian Constitution. The Indian constitution provides further details regarding the procedure and interpretation of writ petitions in the Supreme Court under Article 32 of the Indian Constitution. Alternatively, you can always hire …
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Writ petitions serve as efficient legal tools for going after justice and redress against administrative tasks or governmental actions. Resolving issues concerning the conduct or rulings of a Sub-Registrar could profit from the application of a writ petition. Sub-registrars serve as crucial to the registration procedure of many legal documents, which include agreements and property …
One of the primary principles of the rule of law in the framework of democracy is the just and impartial execution of the law by the law enforcement organizations. Individuals may, however, occasionally find one another in disagreement with the system, particularly when they believe the police are not acting appropriately in solving their grievances. …
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