EXPLAINING LAW

Lack of awareness, knowledge or intent is neither to be considered nor accepted in economic offences. The submission assiduously presented on gender leaves us unimpressed. An offence under the criminal law is an offence and it does not depend upon the gender of an accused. True it is, there are certain provisions in Code of Criminal Procedure relating to exercise of jurisdiction Under Section 437, etc. therein but that altogether pertains to a different sphere. A person committing a murder or getting involved in a financial scam or forgery of documents, cannot claim discharge or acquittal on the ground of her gender as that is neither constitutionally nor statutorily a valid argument. The offence is gender neutral in this case. We say no more on this score…” “…A grave criminal offence or serious economic offence or for that matter the offence that has the potentiality to create a dent in the financial health of the institutions, is not to be quashed on the ground that there is delay in...

The Bill proposes to ban beef sale within a five-kilometre radius of temples areas where non-beef eating communities have a majority. Also, Cows younger than 14 years and calves can't be slaughtered. The proposed law also prohibits the interstate transport of cattle to and from, as well as through Assam without valid documents. The definition of cattle includes "bulls, bullocks, cows, heifer, calves, male and female buffaloes and buffalo calves." The Statement and objective of the Bill reads: " …it has been observed over the years that the ( Assam Cattle Preservation Act, 1950) lacks sufficient legal provisions to deal with the issues arising out of slaughter, consumption and transportation of cattle." Salient features of the Bill Prohibition on the transport of cattle [Section 7] This particular provision states that no person shall transport or offer for transport or cause to be transported any cattle, without a valid permit from- any place of other states thr...

Suppose if a situation arises where you went to the police station to lodge an FIR and the police deny by telling you that the offence committed is not within their local area and suggests you go to another police station in whose local area, the offence has been committed and therefore consequently leads to the delay of FIR resulting the loss of the suspicions and facts. Thus, this article will help the readers to understand the aspect of filing a zero FIR without any difficulties. It was introduced on the recommendation of the Justice Verma Comittee formed at the backdrop of the brutal Nirbhaya gang rape in Delhi in 2012.This puts a legal obligation on the police to begin investigation and take quick action without the excuse of absence of jurisdiction.   What is Zero FIR? § It means that a FIR can be filed in any police station (i.e. Irrespective of place of incident/jurisdiction) and the same can be later transferred to the appropriate police station having competent...

The blue tick in whatsapp message can be considered as valid prove of receiving and  Summon can be issued by court. So the major question arise now, is whatsapp chat admissible in court? There was a judicial confusion as to whether Section 65B (4) was a mandatory condition. Last year, a 3-judge bench of the Supreme Court settled conflicting decisions on the point to authoritatively rule that at Certificate under Section 65B is a condition precedent to the admissibility of evidence by way of electronic record Arjun Pandit Rao v. Kailash Kushanrao The Supreme Court clarified that Certificate is not necessary if the 'original document' itself is produced (as a primary evidence). This can be done by the owner of a computer, tablet, a mobile phone, laptop computer, But has to step inside the witness box  and prove that the concerned device, on which the original information is first stored, is owned and/or operated by him and has not been obtained fraudulently . However, ...