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Showing posts from May, 2021

ZERO F.I.R.

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...

Online chats and its admissibility in Indian Court-Chat as evidence in Court

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, ...