In this presentation, we go through what is perjury, what is the punishment for perjury as per Indian law and the procedure to file a perjury application
This document discusses hostile witnesses under Indian law. It defines a hostile witness as one who is not desirous of telling the truth to the party that called them or who has an animus against that party. The term originated in common law to protect against witnesses who willfully provide hostile evidence against the party that called them. A hostile witness can be someone who is biased, unwilling to testify, or aligned with the adverse party. While a hostile witness's testimony is still admissible, it requires close scrutiny and corroboration rather than being totally rejected. The document analyzes several landmark cases involving hostile witnesses in India.
This document summarizes the brutal gang rape and assault of a 23-year-old female physiotherapist intern that occurred in Delhi, India in December 2012. It describes how the victim and her male friend were beaten and attacked on a private bus by six men, including the bus driver. The victim was raped repeatedly and tortured with an iron rod, resulting in severe internal injuries. She succumbed to her injuries a few weeks later in Singapore. The crime sparked massive nationwide protests in India calling for improved security for women. The six perpetrators were arrested and tried in court. Though the victim died, she became a symbol of the fight for women's rights and safety in India.
A POWER POINT PRESENTATION BY DR.SANGEETA CHOWDHRY & DR.SUNIL SHARMA, DEPARTMENT OF FORENSIC MEDICINE & TOXICOLOGY, GOVT. MEDICAL COLLEGE, JAMMU (JAMMU AND KASHMIR)
ON
INSANITY
Dying declaration is an oral or written statement made by a person who is dying as a result of an unlawful act regarding the cause of their death or surrounding circumstances. It is admissible as evidence in court under Section 32 of the Indian Evidence Act. The doctor must certify the declarant is conscious and mentally sound. Leading questions are not allowed and the statement must be fully recorded even if the declarant loses consciousness. If the declarant survives, the statement only has corroborative value.
This document defines and explains the different types of qatl (homicide) under Pakistani law:
1. Qatl-e-Amd involves intentionally causing death or bodily injury that results in death. It is punishable by death (qisas) or imprisonment.
2. Qatl Shibh-i-Amd involves intentionally causing harm but death results from an act not likely to cause death. It is punishable by diyat (financial compensation) and imprisonment.
3. Qatl-i-Khata involves accidentally causing death without intent to harm through mistake of fact or act. It is punishable by diyat and possible imprisonment depending on the circumstances.
4
Identification involves determining an individual's identity through various means. This includes age, sex, physical characteristics, dental records, fingerprints, DNA, and other markers. Identification may be needed for living persons, deceased individuals, or skeletal remains. Several methods are used to determine factors like race, sex, age, height, and distinguishing features. Identification markers include tattoos, scars, dental records, fingerprints, and DNA analysis. These allow for unique identification of individuals in legal and forensic investigations.
This document discusses hostile witnesses under Indian law. It defines a hostile witness as one who is not desirous of telling the truth to the party that called them or who has an animus against that party. The term originated in common law to protect against witnesses who willfully provide hostile evidence against the party that called them. A hostile witness can be someone who is biased, unwilling to testify, or aligned with the adverse party. While a hostile witness's testimony is still admissible, it requires close scrutiny and corroboration rather than being totally rejected. The document analyzes several landmark cases involving hostile witnesses in India.
This document summarizes the brutal gang rape and assault of a 23-year-old female physiotherapist intern that occurred in Delhi, India in December 2012. It describes how the victim and her male friend were beaten and attacked on a private bus by six men, including the bus driver. The victim was raped repeatedly and tortured with an iron rod, resulting in severe internal injuries. She succumbed to her injuries a few weeks later in Singapore. The crime sparked massive nationwide protests in India calling for improved security for women. The six perpetrators were arrested and tried in court. Though the victim died, she became a symbol of the fight for women's rights and safety in India.
A POWER POINT PRESENTATION BY DR.SANGEETA CHOWDHRY & DR.SUNIL SHARMA, DEPARTMENT OF FORENSIC MEDICINE & TOXICOLOGY, GOVT. MEDICAL COLLEGE, JAMMU (JAMMU AND KASHMIR)
ON
INSANITY
Dying declaration is an oral or written statement made by a person who is dying as a result of an unlawful act regarding the cause of their death or surrounding circumstances. It is admissible as evidence in court under Section 32 of the Indian Evidence Act. The doctor must certify the declarant is conscious and mentally sound. Leading questions are not allowed and the statement must be fully recorded even if the declarant loses consciousness. If the declarant survives, the statement only has corroborative value.
This document defines and explains the different types of qatl (homicide) under Pakistani law:
1. Qatl-e-Amd involves intentionally causing death or bodily injury that results in death. It is punishable by death (qisas) or imprisonment.
2. Qatl Shibh-i-Amd involves intentionally causing harm but death results from an act not likely to cause death. It is punishable by diyat (financial compensation) and imprisonment.
3. Qatl-i-Khata involves accidentally causing death without intent to harm through mistake of fact or act. It is punishable by diyat and possible imprisonment depending on the circumstances.
4
Identification involves determining an individual's identity through various means. This includes age, sex, physical characteristics, dental records, fingerprints, DNA, and other markers. Identification may be needed for living persons, deceased individuals, or skeletal remains. Several methods are used to determine factors like race, sex, age, height, and distinguishing features. Identification markers include tattoos, scars, dental records, fingerprints, and DNA analysis. These allow for unique identification of individuals in legal and forensic investigations.
This document discusses various types of unnatural sexual offenses and paraphilias. It describes male homosexuality (sodomy), female homosexuality (lesbianism), buccal coitus, and bestiality. It then provides details on the medico-legal examination process for victims of sodomy. It notes the legal status and implications of various unnatural offenses in different jurisdictions. Finally, it outlines several categories of sexual paraphilias including fetishism, transvestism, voyeurism, exhibitionism, and necrophilia.
This document discusses the trial procedure for summons cases under the Code of Criminal Procedure in India. Summons cases involve less serious offenses punishable by up to 2 years imprisonment. The trial procedure for summons cases is simpler and less formal than for warrant cases. Key aspects of the summons case trial procedure include: recording a plea of guilty from the accused, allowing conviction in absentia for petty cases, acquitting the accused if the complainant does not appear, and case law rulings related to questioning of the accused and disclosure of defense. The discussion concludes that police need modification and social awareness training to fulfill objectives of protecting human rights and serving the welfare state.
There are two types of inquests conducted in India to investigate unnatural or suspicious deaths: police inquests and magistrate's inquests. Police inquests are conducted by an investigating police officer of a certain rank or higher and involve notifying the magistrate, inspecting the death scene, questioning witnesses, and preparing a report on the cause of death. Magistrate's inquests are conducted by district or metropolitan magistrates and are required for deaths in police custody, prison, or other circumstances indicating foul play. Both inquest types aim to determine the cause and circumstances of unnatural deaths.
The document discusses hurt and grievous hurt offenses under Sections 319 to 338 of the Indian Penal Code of 1860. It defines hurt and grievous hurt and outlines various voluntarily caused offenses and their corresponding punishments. The objective is to protect people from injury and allow victims support under the Code. While the Code deters revenge attacks, diseases transmitted are not clearly addressed. Suggestions include a separate section for offenses leading to death. In conclusion, the punishments follow Newton's third law of equal and opposite reactions.
This document discusses the concepts of legitimacy and illegitimacy under Indian law. It defines a legitimate child as one born during a valid marriage or within 280 days of the marriage ending. An illegitimate child is born outside of marriage. Legitimacy is important for inheritance cases and determining child support. The document outlines factors like blood group compatibility that may determine disputed parentage. It also briefly discusses concepts like superfetation that could impact determinations of legitimacy.
This document is a power point presentation by Dr. Sangeeta Chowdhry and Dr. Sunil Sharma from the Department of Forensic Medicine & Toxicology at Government Medical College Jammu about Section 320 of the Indian Penal Code defining grievous hurt. It lists the eight kinds of hurt designated as grievous, including emasculation, permanent loss of sight or hearing, deprivation of any limb or joint, destruction or impairment of powers of any limb or joint, permanent disfigurement of the head or face, fracture or dislocation of any bone or tooth, and any hurt that endangers life or causes severe bodily pain or inability to pursue ordinary activities for 20 days.
The document summarizes key aspects of the Code of Criminal Procedure (CrPC) in India, including:
1) The CrPC enacted in 1973 provides the process for investigating crimes, apprehending suspects, collecting evidence, determining guilt, and punishments.
2) It also addresses public nuisances, crime prevention, and maintenance of family. The Act has 484 sections divided into 37 chapters.
3) The summary outlines the procedure after a crime from filing an FIR to police investigation and filing charges. It also describes the powers of police during interrogation and arresting individuals.
This document summarizes the process of presenting evidence in court under Indian law. It discusses the order of examination which includes: 1) Oath, 2) Examination-in-chief, 3) Cross examination, 4) Re-examination, and 5) Court question. It provides details on the purpose and procedures for each type of examination. For example, it explains that examination-in-chief involves the lawyer of the summoning side asking questions to elicit relevant facts and conclusions from the witness, while cross examination allows the opposing lawyer to test the accuracy of statements and develop new facts.
Insanity is defined under Indian law as being incapable of knowing the nature of one's acts or that they are wrong or illegal due to unsoundness of mind. It can also refer to a mental disease affecting personality and interaction. To be found legally insane, one must not have known the nature of their act or understood it was wrong/illegal due to their mental state. There are two types of insanity - legal insanity considers one's consciousness of their acts while medical insanity considers previous/present behavior and conduct. The M'Naughten rule established in a famous case provides that if one is under a delusion, they must be judged as if the delusional facts were real, and one is not responsible
Indian criminal procedure code,Un natural death,How ro prepare inquest by a magistrate. ppt prepared by I James Joseph Adhikarathil- Mob 9447464502.mysandesham@gmail.com
The document discusses dowry death under Section 304B of the Indian Penal Code. It defines dowry death as the death of a woman within seven years of marriage due to burns, bodily injury, or abnormal circumstances, if she was subjected to cruelty or harassment for dowry demands. The document outlines the history and current issues of dowry practices in India, essential elements to prove dowry death, related offenses, trial procedures, and key court cases that have upheld convictions. Punishment for dowry death is seven years to life imprisonment. Despite legal reforms, dowry continues as a widespread social problem in India.
Dying declaration is an exception to the rule against hearsay evidence. It refers to statements made by a dying person about the cause of their death. It is considered reliable because the maxim is that a person would not lie as they are dying and facing their maker. For a dying declaration to be admissible, it must relate to the cause of death, be made by a competent person, and not be inconsistent, doubtful, influenced, or untrue. Dying declarations can be written, verbal, through gestures, or nods and are given evidentiary value in court.
This document defines different types of evidence used in courts, including documentary, oral, direct, indirect/circumstantial, and hearsay evidence. It provides examples of different types of documentary evidence such as medical certificates, medico-legal reports, and dying declarations. It also distinguishes between direct evidence, which is evidence of the actual fact in issue, and indirect/circumstantial evidence, which is evidence derived from surrounding circumstances. Hearsay is defined as any statement made by a person other than the witness in court to assert the facts in the statement are true.
Criminal Law Amendment 2013 by Dr. H. Abdul Azeez Abdul Azeez H
1) The document summarizes key changes to criminal law in India through the 2013 Criminal Law Amendment. It focused on strengthening laws around sexual offenses against women like rape and acid attacks.
2) Major changes include expanding the definition of rape, increasing penalties for sexual assault offenses, creating new offenses for stalking, voyeurism and sexual harassment, and strengthening laws against human trafficking.
3) The amendment also aimed to protect children by increasing the age of consent to 18 and enhancing penalties for offenses against minors.
Criminal abortion is commonly practiced in India as access to legal abortion and society fear are still great barrier. Approach of the physician and government should favorable.
This document defines and classifies various sexual offences under Indian law. It discusses natural offences like rape, adultery and incest. It also discusses unnatural offences per section 377 IPC, which criminalizes carnal intercourse against the order of nature. Further, it provides detailed definitions and explanations of rape, including the old and amended legal definitions. It also outlines the process for examining victims and suspects of sexual assault.
culpable homicide, murder and grievous hurtbalaji singh
This document provides an overview of key concepts in Indian criminal law relating to homicide. It defines homicide and distinguishes between lawful and unlawful homicide. It describes the offenses of culpable homicide, murder, and causing death by negligence under Sections 299-304A of the Indian Penal Code. Culpable homicide is defined and the elements are outlined. The exceptions and degrees of murder are explained. Other offenses such as attempt to murder and abetment of suicide are also briefly mentioned. The document also discusses the definition and types of hurt under the Code.
Following is the detailed description of Dying Deposition and Dying Declaration being followed in Indian Legalities from a Medical students perspective. The presentation should prove to be helpful for educators and primarily for medical students for their understanding and academics.
References - Forensic Medicine And Toxicology (29th edition) By DR. K.S. Narayan Reddy
WITNESSES-COMPETENCE AND EXAMINATION.pptxAkashTandon19
The document discusses witnesses and witness testimony in legal proceedings. It defines a witness as someone who sees, knows, or vouches for something relevant to a court case. Witnesses can be competent to testify unless prevented by factors like age or mental state. There are different types of witnesses including eyewitnesses, expert witnesses, and hostile witnesses who change their testimony. The examination of witnesses includes chief examination, cross-examination, and re-examination. Certain provisions of the Indian Evidence Act govern competence, examination, and credibility of witnesses, who are important for seeking justice in legal cases.
WITNESSES-COMPETENCE AND EXAMINATION.pptxssuser775c16
This document provides an overview of witnesses and witness testimony in Indian law. It discusses who can be a witness, including child witnesses and dumb witnesses. It explains that witnesses must generally only state facts they personally observed, though there are exceptions. It also discusses hostile witnesses and reasons why witnesses may turn hostile, such as threats or monetary inducements. The document outlines relevant provisions of Indian evidence law regarding witnesses and concludes by listing different types of witnesses.
This document discusses various types of unnatural sexual offenses and paraphilias. It describes male homosexuality (sodomy), female homosexuality (lesbianism), buccal coitus, and bestiality. It then provides details on the medico-legal examination process for victims of sodomy. It notes the legal status and implications of various unnatural offenses in different jurisdictions. Finally, it outlines several categories of sexual paraphilias including fetishism, transvestism, voyeurism, exhibitionism, and necrophilia.
This document discusses the trial procedure for summons cases under the Code of Criminal Procedure in India. Summons cases involve less serious offenses punishable by up to 2 years imprisonment. The trial procedure for summons cases is simpler and less formal than for warrant cases. Key aspects of the summons case trial procedure include: recording a plea of guilty from the accused, allowing conviction in absentia for petty cases, acquitting the accused if the complainant does not appear, and case law rulings related to questioning of the accused and disclosure of defense. The discussion concludes that police need modification and social awareness training to fulfill objectives of protecting human rights and serving the welfare state.
There are two types of inquests conducted in India to investigate unnatural or suspicious deaths: police inquests and magistrate's inquests. Police inquests are conducted by an investigating police officer of a certain rank or higher and involve notifying the magistrate, inspecting the death scene, questioning witnesses, and preparing a report on the cause of death. Magistrate's inquests are conducted by district or metropolitan magistrates and are required for deaths in police custody, prison, or other circumstances indicating foul play. Both inquest types aim to determine the cause and circumstances of unnatural deaths.
The document discusses hurt and grievous hurt offenses under Sections 319 to 338 of the Indian Penal Code of 1860. It defines hurt and grievous hurt and outlines various voluntarily caused offenses and their corresponding punishments. The objective is to protect people from injury and allow victims support under the Code. While the Code deters revenge attacks, diseases transmitted are not clearly addressed. Suggestions include a separate section for offenses leading to death. In conclusion, the punishments follow Newton's third law of equal and opposite reactions.
This document discusses the concepts of legitimacy and illegitimacy under Indian law. It defines a legitimate child as one born during a valid marriage or within 280 days of the marriage ending. An illegitimate child is born outside of marriage. Legitimacy is important for inheritance cases and determining child support. The document outlines factors like blood group compatibility that may determine disputed parentage. It also briefly discusses concepts like superfetation that could impact determinations of legitimacy.
This document is a power point presentation by Dr. Sangeeta Chowdhry and Dr. Sunil Sharma from the Department of Forensic Medicine & Toxicology at Government Medical College Jammu about Section 320 of the Indian Penal Code defining grievous hurt. It lists the eight kinds of hurt designated as grievous, including emasculation, permanent loss of sight or hearing, deprivation of any limb or joint, destruction or impairment of powers of any limb or joint, permanent disfigurement of the head or face, fracture or dislocation of any bone or tooth, and any hurt that endangers life or causes severe bodily pain or inability to pursue ordinary activities for 20 days.
The document summarizes key aspects of the Code of Criminal Procedure (CrPC) in India, including:
1) The CrPC enacted in 1973 provides the process for investigating crimes, apprehending suspects, collecting evidence, determining guilt, and punishments.
2) It also addresses public nuisances, crime prevention, and maintenance of family. The Act has 484 sections divided into 37 chapters.
3) The summary outlines the procedure after a crime from filing an FIR to police investigation and filing charges. It also describes the powers of police during interrogation and arresting individuals.
This document summarizes the process of presenting evidence in court under Indian law. It discusses the order of examination which includes: 1) Oath, 2) Examination-in-chief, 3) Cross examination, 4) Re-examination, and 5) Court question. It provides details on the purpose and procedures for each type of examination. For example, it explains that examination-in-chief involves the lawyer of the summoning side asking questions to elicit relevant facts and conclusions from the witness, while cross examination allows the opposing lawyer to test the accuracy of statements and develop new facts.
Insanity is defined under Indian law as being incapable of knowing the nature of one's acts or that they are wrong or illegal due to unsoundness of mind. It can also refer to a mental disease affecting personality and interaction. To be found legally insane, one must not have known the nature of their act or understood it was wrong/illegal due to their mental state. There are two types of insanity - legal insanity considers one's consciousness of their acts while medical insanity considers previous/present behavior and conduct. The M'Naughten rule established in a famous case provides that if one is under a delusion, they must be judged as if the delusional facts were real, and one is not responsible
Indian criminal procedure code,Un natural death,How ro prepare inquest by a magistrate. ppt prepared by I James Joseph Adhikarathil- Mob 9447464502.mysandesham@gmail.com
The document discusses dowry death under Section 304B of the Indian Penal Code. It defines dowry death as the death of a woman within seven years of marriage due to burns, bodily injury, or abnormal circumstances, if she was subjected to cruelty or harassment for dowry demands. The document outlines the history and current issues of dowry practices in India, essential elements to prove dowry death, related offenses, trial procedures, and key court cases that have upheld convictions. Punishment for dowry death is seven years to life imprisonment. Despite legal reforms, dowry continues as a widespread social problem in India.
Dying declaration is an exception to the rule against hearsay evidence. It refers to statements made by a dying person about the cause of their death. It is considered reliable because the maxim is that a person would not lie as they are dying and facing their maker. For a dying declaration to be admissible, it must relate to the cause of death, be made by a competent person, and not be inconsistent, doubtful, influenced, or untrue. Dying declarations can be written, verbal, through gestures, or nods and are given evidentiary value in court.
This document defines different types of evidence used in courts, including documentary, oral, direct, indirect/circumstantial, and hearsay evidence. It provides examples of different types of documentary evidence such as medical certificates, medico-legal reports, and dying declarations. It also distinguishes between direct evidence, which is evidence of the actual fact in issue, and indirect/circumstantial evidence, which is evidence derived from surrounding circumstances. Hearsay is defined as any statement made by a person other than the witness in court to assert the facts in the statement are true.
Criminal Law Amendment 2013 by Dr. H. Abdul Azeez Abdul Azeez H
1) The document summarizes key changes to criminal law in India through the 2013 Criminal Law Amendment. It focused on strengthening laws around sexual offenses against women like rape and acid attacks.
2) Major changes include expanding the definition of rape, increasing penalties for sexual assault offenses, creating new offenses for stalking, voyeurism and sexual harassment, and strengthening laws against human trafficking.
3) The amendment also aimed to protect children by increasing the age of consent to 18 and enhancing penalties for offenses against minors.
Criminal abortion is commonly practiced in India as access to legal abortion and society fear are still great barrier. Approach of the physician and government should favorable.
This document defines and classifies various sexual offences under Indian law. It discusses natural offences like rape, adultery and incest. It also discusses unnatural offences per section 377 IPC, which criminalizes carnal intercourse against the order of nature. Further, it provides detailed definitions and explanations of rape, including the old and amended legal definitions. It also outlines the process for examining victims and suspects of sexual assault.
culpable homicide, murder and grievous hurtbalaji singh
This document provides an overview of key concepts in Indian criminal law relating to homicide. It defines homicide and distinguishes between lawful and unlawful homicide. It describes the offenses of culpable homicide, murder, and causing death by negligence under Sections 299-304A of the Indian Penal Code. Culpable homicide is defined and the elements are outlined. The exceptions and degrees of murder are explained. Other offenses such as attempt to murder and abetment of suicide are also briefly mentioned. The document also discusses the definition and types of hurt under the Code.
Following is the detailed description of Dying Deposition and Dying Declaration being followed in Indian Legalities from a Medical students perspective. The presentation should prove to be helpful for educators and primarily for medical students for their understanding and academics.
References - Forensic Medicine And Toxicology (29th edition) By DR. K.S. Narayan Reddy
WITNESSES-COMPETENCE AND EXAMINATION.pptxAkashTandon19
The document discusses witnesses and witness testimony in legal proceedings. It defines a witness as someone who sees, knows, or vouches for something relevant to a court case. Witnesses can be competent to testify unless prevented by factors like age or mental state. There are different types of witnesses including eyewitnesses, expert witnesses, and hostile witnesses who change their testimony. The examination of witnesses includes chief examination, cross-examination, and re-examination. Certain provisions of the Indian Evidence Act govern competence, examination, and credibility of witnesses, who are important for seeking justice in legal cases.
WITNESSES-COMPETENCE AND EXAMINATION.pptxssuser775c16
This document provides an overview of witnesses and witness testimony in Indian law. It discusses who can be a witness, including child witnesses and dumb witnesses. It explains that witnesses must generally only state facts they personally observed, though there are exceptions. It also discusses hostile witnesses and reasons why witnesses may turn hostile, such as threats or monetary inducements. The document outlines relevant provisions of Indian evidence law regarding witnesses and concludes by listing different types of witnesses.
The document outlines the procedure followed in Indian law courts. It discusses the various stages of a case from pre-filing where the dispute first arises to post-trial appeals. It explains the initial pleading, discovery, pre-trial, trial and post-trial stages. It also describes the process of filing a suit/plaint, summoning witnesses, types of trials and preparation of a case for trial.
Bail is the release of an accused person from custody, on the condition that they will return for their trial or other legal proceedings. The purpose of bail is to ensure the presence of the accused at trial while also protecting their liberty prior to being proven guilty. Bail laws originated in ancient times and are now codified in the Indian Criminal Procedure Code. Bail can be granted for bailable offenses with sentences under 3 years or fines only. For more serious non-bailable offenses, courts consider various factors like evidence and witness tampering risk when deciding bail. The process involves applying to the court and potentially depositing an amount until the trial. Grant of bail is mandatory in certain circumstances like incomplete investigations or if the accused is
Bailable sheria ya haki kwa mtuhumiwa TANZANIAAFRA PAUL
The document discusses bail, which refers to the security or bond required to release an accused person awaiting trial. Bail can be granted by police for matters not yet brought before a court, while the court has authority over bail for cases that have been instituted. There is a distinction made between bailable and non-bailable offenses. For bailable offenses, an accused has a right to bail, though it depends on meeting bail conditions. For non-bailable offenses, bail is at the court's discretion. The document provides examples of bailable and non-bailable offenses in different jurisdictions and discusses debates around whether bail should be considered a right or a privilege.
The document provides an overview of relevant provisions under the Code of Criminal Procedure (CrPC) and Indian Penal Code (IPC) applicable during criminal investigations and raids. It defines key terms like cognizable/non-cognizable offenses, bailable/non-bailable offenses, and compoundable/non-compoundable offenses. It also describes the classification of criminal courts in India and their sentencing powers, as well as the complaint process and provisions regarding limitation of criminal cases.
This document discusses laws and guidelines related to arrests in India. It provides directions from a Supreme Court case regarding which authorities can investigate, register FIRs, and make arrests for certain drug-related offenses. It discusses the powers of police officers and drug inspectors to arrest under the relevant Act and Code of Criminal Procedure. It also outlines the D.K. Basu guidelines for carrying out arrests and interrogations and the Arnesh Kumar guidelines regarding determining the necessity of an arrest for offenses with less than 7 years punishment.
The document summarizes key aspects of bail under Indian criminal law. It discusses:
1) The right to bail for bailable and non-bailable offenses, including the conditions that must be met for bail in non-bailable cases.
2) The types of bail available, including personal bonds, bonds with sureties, and anticipatory bail.
3) Circumstances where bail is mandatory and the powers of police to grant bail for arrests with and without a warrant.
The document discusses key concepts related to the Indian Evidence Act of 1872. Some of the main points covered include:
1. The Act codified and consolidated the English law of evidence and established uniform rules of evidence across courts in India. It is a procedural law that does not affect substantive rights.
2. The Act applies to all judicial proceedings in courts established by the State. However, it does not apply to affidavits presented to courts or proceedings before an arbitrator.
3. The document defines important terms like 'court', 'evidence', and discusses different types of evidence like direct evidence, circumstantial evidence, and presumptions under the Act.
4. Presumptions under the Act can be con
This document defines a witness and outlines the types and rules for witnesses giving evidence in a court of law. It begins by defining a witness as a person who observes an act or event. It then describes the different types of witnesses, such as interested, chance, expert, and hostile witnesses. The document also discusses the roles of prosecution and defense witnesses. Finally, it outlines some key rules for witnesses giving evidence, such as taking an oath, the different stages of examination, and prohibitions against leading questions during certain examinations.
State v. swaroop ram sedition delhi court order feb 15sabrangsabrang
The document is a court order regarding the bail application of Swaroop Ram, who has been accused of sedition and forgery. The defense argues that Ram has been falsely implicated and at most a bailable offense is made out. The prosecution argues that serious allegations have been made. The court examines each charge and finds that the offense of forgery is not made out. It also finds that while spreading rumors may be made out, sedition is debatable. Considering the nature of allegations, parity with a co-accused granted bail, and time in custody, the court grants bail to Ram subject to conditions.
State v. devilal burdak delhi court sedition ordersabrangsabrang
1. The document is a court order regarding the bail application of Devilal Burdak, who has been accused of sedition and other offenses related to a Facebook post.
2. The prosecution argued that Burdak had committed forgery and sedition through his post, while the defense argued the post was merely expressing disagreement with government policies.
3. The judge analyzed the charges and found no evidence of forgery, but found grounds to investigate the sedition charge further. However, considering the nature of allegations and time spent in custody, the judge admitted Burdak to bail with conditions until the investigation is complete.
This guide provides information about obtaining a civil protection order (CPO) in Clermont County, Ohio. A CPO is a court order directing an individual to avoid contact with and stay away from another person. To get a CPO, the petitioner must show that the respondent engaged in menacing by stalking, defined as knowingly causing mental distress or fear of physical harm through a pattern of conduct. The petitioner fills out a form at the Clerk of Courts office and has a hearing within one business day to request a temporary CPO. If granted, a full hearing will be scheduled within 30 days to determine if a long-term CPO of up to 5 years is warranted. The guide details the CPO process and locations
Understanding indian criminal justice system for class 8 kendriya vidyalya, n...chiranjith prabhu
understanding our criminal justice system for class 8 for kendriya vidyalaya gives an overview about the lesson. definition of judge, FIR, cognizable offence, defence lawyer, public prosecutor etc. Article 22 and article 21 are clearly explained. Duties of police are also mentioned.
Presentation on Laws related to Adultery in India
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
The document summarizes key rights recognized in the Philippine constitution. It discusses the rights of the accused, including due process, right to bail, rights against self-incrimination, and rights to a speedy trial. It also covers the Miranda rights stemming from a landmark US Supreme Court case, rights related to arrests and exceptions for warrantless arrests. Habeas corpus rights are also addressed, including allowances for suspension during times of rebellion or invasion.
This document discusses the rights of the accused in criminal cases from both a constitutional and criminal law perspective in India. Under constitutional law, it outlines rights like the right to a fair trial, equality before the law, right to life and liberty, right to legal counsel, and right to not be detained without cause. Under criminal law, it discusses the presumption of innocence, right to know the grounds of arrest, right to bail, right to be presented before a magistrate, right to a speedy trial, right to legal counsel, right to privacy, right to be present at trial, right to cross-examine witnesses, right to appeal, and right to humane treatment in prison. It also discusses two relevant court cases that further
This document outlines various Indian penal code sections and special acts related to criminal misappropriation, breach of trust, cheating, forgery, and identity theft. Key sections discussed include 403, 405-409, 415-420, 463-471 of the IPC as well as sections 66C and 66D of the Information Technology Act 2002. The elements and ingredients of offenses like criminal misappropriation, breach of trust, cheating, forgery, and identity theft are explained. Special acts discussed include the Banning of Unregulated Deposit Schemes Act, Prize Chits and Money Circulation Scheme (Banning) Act, and certain state-level acts.
An affidavit is a written statement sworn under oath or affirmation before an authorized person such as a notary public or magistrate. It must relate facts within the affiant's personal knowledge and be signed in the first person. Filing a false affidavit can result in perjury charges. Affidavits are used in legal proceedings and to prove or support facts in situations like property disputes, name changes, and lost documents.
Similar to Introduction to Perjury in Indian law (20)
We go through the concept of ethical investing and discuss some of the mutual funds where one can invest ethically in India #ethicalinvesting #bseindia #investment #shariahcompliant
In this slideshow, we summarize the important laws meant for environmental protection in India including: pollution control, wildlife protection, waste management, air and water and biodiversity conservation etc.
The document provides an overview of India's four new labour codes introduced in 2020:
1) Code on Wages consolidates laws on minimum wages and working hours. It sets a national minimum wage and prohibits gender-based pay discrimination.
2) Occupational Safety, Health and Working Conditions Code sets standards for workplace safety, maximum work hours, and leave. It provides for contract and women workers.
3) Social Security Code extends social security benefits to all employees and gig workers by removing wage ceilings. It covers life insurance, pensions, maternity leave and more.
4) Industrial Relations Code reforms trade union laws and increases thresholds for mass firings and layoffs to be approved. It provides frameworks for worker unions
In this presentation we discuss some elements of a contract as per the Indian Contract Act 1872. We discuss what is a valid and invalid contract, offer, acceptance and consideration.
Land Law or property law has a long history. In this presentation we study some of the historic laws related to property. All of these led to the development of Indian land law in modern times
We discuss a few ways in which artificial intelligence and machine learning can be used as tools to assist judges in courts to make better decisions, and otherwise speed up long pending court cases.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
2. What is Perjury
• Perjury is the offense of knowingly lying to the court, or
intentionally giving a false or misleading statement to the court,
whether as an oral statement or declaration given under oath or
a written statement in an affidavit or used as evidence in a court
case.
• The statement should be one that is known to be false by the
person at that time.
• Encyclopedia Britannica: “the giving of false testimony under
oath on an issue or point of inquiry regarded as material.”
• False evidence and lying under oath breaks the integrity of the
judicial system
3. Indian laws related to Perjury
• Perjury is not a crime per se as per Indian Penal Code or IP
• However, giving false evidence is a crime and is covered under
section 191 of IPC
• Whoever, being legally bound by an oath or by an express
provision of law to state the truth, or being bound by law to
make a declaration upon any subject, makes any statement
which is false, and which he either knows or believes to be false
or does not believe to be true, is said to give false evidence
• Punishment: imprisonment upto seven years plus fine
4. CRPC 340 and 195
• Sections 340 and 195 of the Code of Criminal Procedure or
CRPC refer to the procedure to be followed by the court to
determine if perjury has occurred and should be persecuted.
• Section 195 of the CRPC lays down rules to be followed by the
court to decide whether any prosecution is necessary or not for
the offense alleged under it
• Section 340 of CRPC lays down the steps for the court to
initiate prosecution as per section 195.
5. Procedure for filing a perjury application
• Person gives a complaint in form of an affidavit alleging perjury to
the court, along with the evidence on which the complaint is based.
• The person filing the perjury complaint can be either a party to the
court case in which the perjury has occurred, or else it can also be
filed by any interested person.
• The court has to investigate whether an inquiry should be made and
whether to persecute or not, in the interest of justice.
• In particular, one of the conditions for sanctioning prosecution is that
it is not to be used as a means for taking revenge.
• The accused person is allowed to reply to the points raised, based on which
court will reach verdict whether to go to trial.
6. False complaint of perjury
• If however, the complaint of perjury is found to be false and
malicious, proceedings can be started against the person who gave
the false complaint of perjury under section 211 of the Indian penal
code.
• The section 211 states “False charge of offence made with intent to
injure.—Whoever, with intent to cause injury to any person, institutes
or causes to be instituted any criminal proceeding against that
person, or falsely charges any person with having committed an
offence, knowing that there is no just or lawful ground for such
proceeding or charge against that person, shall be punished with
imprisonment of either description for a term which may extend to
two years, or with fine, or with both”