Section 164 of the Criminal Procedure Code deals with the magistrate’s power to record a confession and other statements. The confession so recorded can be used as substantive evidence. In this law note, let us study the statements and confessions under section 164 CrPC.
A confession is a statement in which the suspect acknowledges his guilt of a crime.
A statement is the declaration of matter of fact.Read More →
Along with the rights granted to the accused, some legal protection is available as well. Protection to the accused is provided with a view of human dignity that is given to every citizen. This short law note states the legal protection that is available to an accused under a criminal trial. And, these can be stated as:
1. Doctrine of double jeopardy.
2. Presumption of innocence.
3. Doctrine of self-incrimination.Read More →
In the year 2014, the government replaced the Planning Commission with a body called Niti Aayog. NITI stands for ‘National Institution for Transforming India.’
Niti Aayog is neither a constitutional body nor a statutory body but the outcome of an executive resolution. It was not created by the act of parliament.
The government was of the view that with the changing norms and structure of the Indian economy, it is necessary to take a step forward and modalise the organisations for better working in this competitive era.Read More →
So let us get right in and learn about the various types of court orders under the Civil Procedure Code in India.
1. Interlocutory Orders.
2. Permanent Orders.
3. Mandatory Orders.
4. Final Order.
5. Speaking Order.
6. Non-Speaking Order.
7. Anton Pillar Orders.
8. Remand Order.Read More →
Right to information is merely a statutory right created by the RTI Act, 2005, whereas it is essentially a Fundamental Right guaranteed by the Constitution of India.
Throughout the world, RTI is seen as a key to strengthen the democracy of a country and to ensure the development of its citizens. Even in India, the government enacted the Right to Information Act in 2005, allowing transparency, autonomy, and access to information to Indian citizens.Read More →
The remedy is nothing but a relief available to the person against whom any wrong has been committed. And such relief is given by the accused party.
A tort can be committed against an individual or his property. Certain torts take place even if a person does not have an intention to commit them. Example – Nuisance.Read More →
The pre-trial, trial and post-trial stages of the Criminal Procedure Code can be classified into three divisions based on the stage of the proceedings they deal with.Read More →
Being the head of the government, various functions and powers are bestowed upon the Prime Minister. These are:
1. Prime Minister recommends the President regarding the appointment of ministers. The nomination of members of the council of ministers is done by the Prime Minister to the President.
2. The allocation and reshuffling of various portfolios among ministers is done by the Prime Minister. If any portfolio is not allocated to any cabinet member, the Prime Minister may retain it.Read More →
The three basic types of companies incorporated under the Companies Act, 2013 are private company, public company and one person company.Read More →
Arrest in the legal sense under CrPC means taking into custody of another person under the authority of law for the purpose of holding and detaining him to answer a criminal charge and preventing the commission of an offence.
Section 46 of CrPC prescribes the mode of arrest.Read More →
Inherent Powers are those powers that are not mentioned anywhere in the code. Inherent power or the inherent jurisdiction of the High Court may be exercised in a proper case either to prevent the abuse of the process of any court or to secure the ends of justice. These powers of the High Court should be used only in exceptional cases.
In the following cases, the inherent power of the High Court could be exercised to quash the proceedings-Read More →
In this law note, let us learn about the six most important constitutional doctrines applied under the Indian Constitution:
1. Doctrine of Eclipse.
2. Doctrine of Severability.
3. Doctrine of Judicial Review.
4. Doctrine of Pith and Substance.
5. Doctrine of Colorable Legislation.
6. Doctrine of Harmonious Construction.Read More →
A writ is an order or command issued by a court to any person or authority to do or abstain from doing an act. This law note explains writs.Read More →
Criminal courts can be categorised or classified (in the hierarchy) as given below:
1. Supreme Court.
2. High Court.
3. Courts of Sessions.
4. Judicial Magistrates of the First Class (called Metropolitan Magistrates in the metropolitan area).
5. Judicial Magistrates of Second Class.
6. Executive Magistrates.
Let us learn more about the six above-mentioned criminal courts.Read More →
There are six types of mortgage. They are:-
1. Simple Mortgage.
2. Mortgage by Conditional Sale.
3. Usufructuary Mortgage.
4. English Mortgage.
5. Mortgage by Deposit of Title Deeds.
6. Anomalous Mortgage.Read More →
The guidelines are as follows:
1. The police officer must take the prior written permission of the superior officer to go out of the state or union territory to carry out the investigation. He can take permission on the phone only in case of urgencies.
2. In cases where the police officer decides to arrest an accused in another state, he must write facts and reasons so as to satisfy why the arrest is necessary. The police officer must attempt to get an arrest or search warrant from the magistrate having jurisdiction.Read More →
