The document compares criminal procedures related to arrest and questioning of accused persons in India, the UK, and the USA. In India, arrest can be made with or without a warrant by police officers, private persons, or magistrates under specific sections of the Code of Criminal Procedure. Upon arrest, the accused must be informed of the charges and brought before a magistrate within 24 hours. In the UK, the Police and Criminal Evidence Act provides powers of arrest with or without a warrant to police and private persons. Arrested persons must be informed of the grounds for and fact of arrest. In the USA, police can make warrantless arrests with probable cause and must inform arrested persons of their Miranda rights against self-incrimination if the arrest
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
Framing of charge means drawing up in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime for which he is charged .
It is fundamental principle of law that the accused should know the exact nature of allegation brought against him . It is, therefore, imperative that before a person is convicted of any offence he should be formally charged, i.e., informed with committed by him, and be given an opportunity to defend himself against such charge.
In other words, a charge is a written document containing the description of the offence which the court, in inquiry or trial, finds Prima facie proved by evidence before it to have been committed by the accused and requires him to defend it.
He is entitled to be informed with the greatest precision what acts he is said to have committed, and under what sections of the penal law these acts fall.
Sections 211 to 214 give clear and explicit directions as to how a charge should be drawn up to tell an accused person as precisely and concisely as possible of the matter with which he is charged.
Child protection- Social action litigation as a catalystNilendra Kumar
Judiciary has come forward in the sphere of child care and protection by not only interpreting the statues where so needed but also by adopting an active stance to take innovative steps for child care.
The first of clause (1) provides that “no person shall be convicted of any offence except for violation of ‘law in force’ at the time of the commission of the act charged as an offence”. This means that if an act is not an offence at the date of its commission it cannot be an offence at the date subsequent to its commission.
The act of putting a person through a second trial of an offence for which he or she has already been prosecuted or convicted
The expression ‘self-incrimination’ means “conveying information based upon personal knowledge of the person giving information involving himself to be the prime part taken in the offence.” A person shall not be asked to make statements against himself (i.e. self-harming statements/confessional statements).
Detailed Presentation on First Information Report (F.I.R)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
Framing of charge means drawing up in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime for which he is charged .
It is fundamental principle of law that the accused should know the exact nature of allegation brought against him . It is, therefore, imperative that before a person is convicted of any offence he should be formally charged, i.e., informed with committed by him, and be given an opportunity to defend himself against such charge.
In other words, a charge is a written document containing the description of the offence which the court, in inquiry or trial, finds Prima facie proved by evidence before it to have been committed by the accused and requires him to defend it.
He is entitled to be informed with the greatest precision what acts he is said to have committed, and under what sections of the penal law these acts fall.
Sections 211 to 214 give clear and explicit directions as to how a charge should be drawn up to tell an accused person as precisely and concisely as possible of the matter with which he is charged.
Child protection- Social action litigation as a catalystNilendra Kumar
Judiciary has come forward in the sphere of child care and protection by not only interpreting the statues where so needed but also by adopting an active stance to take innovative steps for child care.
The first of clause (1) provides that “no person shall be convicted of any offence except for violation of ‘law in force’ at the time of the commission of the act charged as an offence”. This means that if an act is not an offence at the date of its commission it cannot be an offence at the date subsequent to its commission.
The act of putting a person through a second trial of an offence for which he or she has already been prosecuted or convicted
The expression ‘self-incrimination’ means “conveying information based upon personal knowledge of the person giving information involving himself to be the prime part taken in the offence.” A person shall not be asked to make statements against himself (i.e. self-harming statements/confessional statements).
Detailed Presentation on First Information Report (F.I.R)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
Law as an instrument of social change | Law and Social TransformationNishkaPrajapati
1. Critically and analytically explain the, “Law as an instrument of social change.”
2. Law as the product of traditions and culture.
3. Criticism and evaluation of law in the light of colonization.
4. The Introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India.
1. Write an explanatory note on ‘socio-legal research’.
2. Discuss in detail the various types of legal research and their importance.
3. Relevance of Empirical legal research.
4. Briefly discuss the induction and deduction method.
Juvenile Justice Law in India (Juvenile Justice Act 1986, 2000 & 2015)NishkaPrajapati
1. Discuss the powers and procedure of the Juvenile Justice Board.
2. Powers, functions and procedure of child welfare committee.
3. Evolution of Juvenile Justice Act. / Legislative approaches in pre-colonial era.
4. Explain the concept of reformative theory of juvenile delinquency.
5. What is the role of police in juvenile delinquency?
6. Discuss on Beijing Rules.
7. Discuss Convention on the rights of child.
8. What is the distinction between JJ Act 1986 and JJ act 2000?
9. Discuss the powers and procedure of Juvenile Welfare Board.
10. Discuss the constitution, powers and procedure of Juvenile Court.
11. Short note on after care service centres.
1. Explain in detail the stages in commission of a crime with decided cases.
2. Theories of Attempt.
3. Inchoate crime.
4. Distinguish between preparation and attempt.
5. Explain section 511 and 307 of IPC.
Abetment and Criminal Conspiracy under English and Indian lawNishkaPrajapati
1. Explain the provisions relating to abetment in English and Indian law.
2. Proof of conspiracy and its admissibility.
3. Difference between abetment and conspiracy.
4. Sections 34, 109 and 120-A.
This ppt gives a structured answer as to the elements of crime and its application in the Indian Penal Code (IPC) 1860. It describes how the different sections of IPC are based on the 4 elements of crime i.e. human being, mens rea, actus reus and injury along with cases.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
2. ARREST
Arrest involves restriction of liberty of a person arrested and
therefore, infringes the basic human rights of liberty.
Though not defined in any law in India; however, the term arrest
is ‘an apprehension of a person by legal authority resulting in
deprivation of his liberty’. In English law, arrest consists of the
actual ‘seizure’ or ‘touching of a person’s body’ with a view to his
detention.
3. ARREST AND QUESTIONING OF
ACCUSED IN INDIA
1. Arrest with warrant:
(Chapter VI - Section 70 to 81 of Cr.P.C.)
A warrant of arrest issued by any Court may be directed to any
Police officer to execute the warrant and the police officer or any
other person executing a warrant of arrest shall, without
unnecessary delay, bring the person arrested before the Court
before which he is required by law to produce such person.
Provided that, such delay shall not in any case, exceed 24 hours
exclusive of the time necessary for the journey from the place of
arrest to the Magistrate’s Court.
4. 2. Arrest without warrant:
(Chapter V under sections 41 to 60A of Cr.P.C.)
The following officers/personnel are empowered to arrest without
warrant:
(A) Any Police officer,
(B) Private person
(C) Magistrate
(A) Any Police Officer: Any Police Officer, of whatever rank, may
without an Order from a Magistrate and without a warrant, a person
on fulfilment of the conditions laid down in section, 41, 41A, 41B and
42 of Cr. P. C. [mention sections 41, 41A, 41B and 42 of Cr.P.C.]
5. (B) Private Person: The provision for arrest by
private person is provided in section 43 of Cr.P.C.
[write section 43 of Cr.P.C.]
(C) Magistrate: The provision for arrest by
Magistrate is provided in section 44 of Cr.P.C.
[write section 44 of Cr.P.C.]
6. ARREST HOW MADE
Section 46 of Cr.P.C. provides how an arrest is to
be made.
[write section 46 of Cr.P.C.]
Moreover, section 49 provides that the person
arrested shall not be subjected to more
restraint than is necessary to prevent his
escape.
7. INFORM THE ARRESTED PERSON
Section 50 of Cr.P.C. provides that every police officer or
other person arresting any person without warrant shall
forthwith communicate to him full particulars of the
offence for which he is arrested or other grounds for
such arrest. Where a police officer arrests without
warrant any person other than a person accused of a
non- bailable offence, he shall inform the person
arrested that he is entitled to be released on bail and
that he may arrange for sureties on his behalf.
8. PERSON ARRESTED TO BE TAKEN
BEFORE MAGISTRATE
Section 56 provides that a police officer making an arrest
without warrant shall, without unnecessary delay and subject
to the provisions herein contained as to bail, take or send the
person arrested before a Magistrate having jurisdiction in the
case, or before the officer in charge of a police station.
Section 57 provides that no police officer shall detain in
custody a person arrested without warrant for a longer period
than under all the circumstances of the case is reasonable,
and such period shall not, in the absence of a special order of
a Magistrate under section 167, exceed twenty- four hours
exclusive of the time necessary for the journey from the place
of arrest to the Magistrate' s Court.
9. CASE
In the case of Central Bureau of Investigation vs.
Kishore Singh (2010) the Apex Court held that
when a person is brought to the police station and
locked up there, obviously he is under arrest.
10. ARREST AND QUESTIONING
IN U.K.
There are three ways in which a person may be
brought before a criminal court. The three ways are:
• by summons
• by arrest on warrant
• by arrest without a warrant
The common law of this country, which is the oldest
form of law, gave the power of arrest ‘to any person’
for many offences. Later, with the creation of statute
law, which includes powers of arrest for certain
offences, the common law powers were largely
replaced.
11. The Police and Criminal Evidence Act 1984 provides
both the police and any other person the power to
arrest. These powers fall into two groups:
• ‘Indictable offences’ – under the Police and
Criminal Evidence Act (PACE) 1984 (offences triable
at Crown Court).
• Powers contained in other Acts – The powers of
arrest which were contained in numerous Acts
have mostly been abolished, although they will still
specify that it is an offence under that Act. These
are preserved powers of arrest and they are mostly
contained within Schedule 2 of PACE 1984.
12. ARREST BY POLICE WITHOUT
WARRANT
Section 24 of PACE 1984 provides that:
A constable may arrest without warrant –
• Anyone who is about to commit an offence
• Anyone who is in the act of committing an
offence
• Anyone whom he has reasonable grounds for
suspecting to be about to commit an offence
• Anyone whom he has reasonable grounds for
suspecting to be committing an offence.
13. Similar to section 42 of Cr.P.C. in
India, section 24(5)(a) and 24(5)(b) of
PACE 1984 provides that the
constable may arrest a person for
ascertaining name and address of
any person.
14. INFORMATION TO BE GIVEN ON
ARREST
When a person is arrested they must be told:
• that they are under arrest
• the grounds for the arrest, i.e. the offence for
which they have been arrested, and
• the reason(s) for the arrest being necessary
15. ARREST BY PERSONS OTHER THAN
CONSTABLES
Section 24A of PACE provides that a person other than a
constable may arrest without warrant:
• Anyone who is in the act of committing an indictable
offence
• Anyone whom he or she has reasonable grounds for
suspecting to be committing an indictable offence.
A constable can arrest for any offence, but a person other
than a constable is restricted to arresting for offences that
are indictable. These are offences that are triable at the
Crown Court and include those that are triable either way,
i.e. at Magistrate’s Court or at Crown Court.
16. ARREST ON WARRANT
The warrant to arrest is issued by the Court. If
the warrant is to arrest a person for either an
offence (such as assault) or for failing to appear
at court or on a commitment warrant the
constable does not need to have the warrant
with him when he makes the arrest. If the
arresting officer has the warrant then he is to
ensure that the accused person fully
understands both the fact that they are being
arrested and the grounds for the arrest.
17. ARREST IN USA
If a police officer has probable cause to believe
that a crime has been committed, the officer may
make an arrest without an arrest warrant. When
making a lawful arrest, an officer may use force
that is reasonable and necessary to overcome
resistance. An officer may not use excessive force
if it is not warranted under the circumstances.
18. Based on the U.S. Supreme Court ruling in Miranda v.
Arizona, after making an arrest, the police must inform the
detainee of their Fifth Amendment and Sixth Amendment
rights in order for statements made during questioning to be
admissible as evidence against the detainee in court. A
Miranda warning is required only when a person has been
taken into custody (i.e. is not free to leave) and is being
interrogated, and the results of this interrogation are to be
used in court.