1. A child born within six months after the marriage – the child is Illegitimate unless the father acknowledges the child.
2. A child born after six months from the date of marriage is presumed to be legitimate.
3. A child born after dissolution of marriage is legitimate-
a. Under Shia Law if born within 10 months.
b. Under Hanafi Law if born within 2 years.
c. Under Shefai and Maliki if born within 4 years.
1. A trial is always for an offence. An inquiry does not necessarily relate to only offences.
2. A trial ends in acquittal or conviction of an accused. An inquiry into a offence never ends in a conviction or acquittal.
3. Trial is the examination and determination of cause by a judicial tribunal. Inquiry includes every inquiry other than a trial conducted by magistrate or court.
1. An investigation is made by a police officer or by some person authorised by a magistrate. Inquiry is made by magistrate or court. Investigation is never made by magistrate or court.
2. The object of an investigation is to collect evidence for the prosecution of the case. The object of inquiry is to determine the truth or false of certain facts with a view to take in further action…
According to section 265C of CrPC, in working out a mutually satisfactory disposition, the court shall follow the following procedure.
When a case is instituted on a police report, the court shall issue notice to the public prosecutor, the P.O/I.O (police officer/investigating officer) who has investigated the case, the accused and the victim of the case to participate in the meeting to work our a satisfactory disposition of the case.
1. Offence where punishment is not more than 7 years.
2. The offence which are not against the women and children.
3. The offence which does not affect the socio-economic condition of the country.
The central government has determined the offences which are affecting the socio economic condition of country-
Dowry Prohibition Act, 1961
According to section 265B, a person who is as accused of an offence may file an application for plea bargaining in the court in which such offence is pending for trial.
The application will contain a brief description of the case and shall be accompanied by an affidavit. After receiving the application the court shall issue notice to the public prosecutor or the complainant of the case as the case may be and to the accused to appear on date fixed for the case…
Cryptic (mysterious, confusing, mystifying, perplexing, puzzling, obscure) and ambiguous (open to debate/argument, arguable, debatable; obscure, unclear, imprecise, vague, abstruse, doubtful, dubious, uncertain) telephone message which do not clearly specify a cognizable offence cannot be treated as FIR.
But where there is proper information about the commission of a cognizable offence and is reduced in writing by police officer then it can be treated as FIR.