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Explanation of Section 357 A of CrPC

Section 357A of the Criminal Procedure Code- Chapter XXVII Victim compensation scheme Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who, require rehabilitation. Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation. Where the offender is not traced or identified, but the victim is identified, ...

Procedure to File a case of Defamation/ Maanhani

Manhani case means Defamation Case. The following points should be followed to understand and then file a case of Defamation: According to section 499 of Indian Penal Code , whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Defamation is the making of a false statement concerning a person or business that damages that person’s or business’s reputation. If a false statement is made and that person or business’s reputation is damaged, there can be legal consequences for the person who made the statement. Defamation applies to both written and oral statements that are published to third parties. Publication includes the posting of material on the Internet. Defamation can either be a sta...

Explanation of Section 120B of Indian Penal Code

S. 120B of Indian Penal Code, 1860 - Punishment of criminal conspiracy (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence. 2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both. A) Criminal conspiracy to commit an offence, Punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 Years or upwards- Then the punishment shall be Same as for Abetment of that Offence B) Any other criminal conspiracy - Then the punishment shall be 6 Months or Fine or Both Elements of a criminal conspi...

Legal remedy if framed in false charges under S. 323, S.341,S.143, S.147,S.504, S.506 of Indian Penal Code by police machinery in a love affair matter

The accused should surrender to police as in the above sections, all the offences are bailable thus as per legal procedure, the accused cannot apply for anticipatory bail as the above mentioned charges framed against the accused, are not containing at least one non bailable offence against the accused, all the charges are bailable offences. Offences under the Criminal Law are classified into bailable and non-bailable offence. Section 2(a) of the Code of Criminal Procedure, 1973, provides that “bailable offence” refers to offences which are shown as bailable in the First Schedule or which is made bailable by any other Law and non-bailable offence means any other offence not specified in the First Schedule. A general reading of the bailable offences in the Schedule indicates that by and large not so serious offences are considered as bailable and other offences are considered as non-bailable. According to the First Schedule offences under any Law other than the Indian Penal Cod...

The concept of bail is not unfair

The concept of bail is unfair as well as fair. In this article, I am discussing the concept of bail in context of Indian law. The granting of bail is usually considered to be an inherent right. However, there are certain circumstances where bail may be refused. In bailable offences, it is a right of the accused to be released on bail. But in non bailable offences, the accused can be refused bail by the competent authority if the authority deems it fit. Unless exceptional circumstances are brought to the notice of the Court which may defeat proper investigation and a fair trial, the Court will not decline to grant bail to a person. A court is bound to presume a person innocent till the trial is complete. A bail hearing is not a hearing on the merits of the matter itself and does not go into the issue of guilt. Therefore granting of bail is the norm except in cases where specific grounds are made out based on which the bail can be refused. If there are reasonable grounds for believ...

Legal action to be taken against a company in case of where the company is liable for faults in goods or services

In consumer court, a consumer can plead for himself/herself; means an individual does not need to hire a lawyer. But an individual should be well versed with Consumers Protection Act 1986 Consumer Protection Act-1986 and The Consumer Protection Bill, 2018 The Consumer Protection Bill, 2018 Above two are very important for an individual, in order to defend your case against the beauty product company. A consumer is called ‘the king’ who controls the market. Although, a lot of businesses get involved in trade malpractices and sell fake or substandard products, or provide services at an inferior quality in order to cut costs and earn more profits. It is the consumer that ultimately suffers by paying hefty prices for defective goods, or faulty services. But, a consumer has been given the right to hold the manufacturer, seller or service provider liable for such faults goods or services. A consumer has various options to raise their claim with the company about their defecti...

Important provisions of Sec.125 of Cr.P.C

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