Category Archives: Procedural Law

Charge and Charge-Sheet

Admin/ March 27, 2019/ Procedural Law/ 0 comments

Charge serves the purpose of notice or intimation to the accused, drawn up according to specific language of law, giving clear and unambiguous or precise notice of the nature of the accusation that the accused is called upon to meet in the course of trial

Share

Dying Declaration

Admin/ February 20, 2019/ Procedural Law/ 0 comments

It is a declaration which is generally related to the cause of the death of the declarant. For a dying declaration to be admissible as an evidence in the court of law, it is not important that the declaration has to be made by a person only when his death is imminent.

Share

Inherent Powers of High Court

Admin/ November 30, 2018/ Procedural Law/ 0 comments

Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court..

Share

Test Identification Parade | A short read

Admin/ November 14, 2018/ Procedural Law/ 0 comments

The idea of holding T.I. parade under Section 9 of the Evidence Act is to test the veracity of the witness on the question of his capability to identify an unknown person whom the witness may have seen only once.

Share

Circumstantial Evidence | Short Read

Admin/ November 7, 2018/ Procedural Law/ 0 comments

The  principle   is  that when an incriminating circumstance is put to the accused and the said accused either offers no explanation or offers an explanation which is found to be untrue, then the same becomes an additional link in the chain of circumstances to make   it   complete.

Share

Secondary Evidence | Indian Evidence Act

Admin/ October 23, 2018/ Procedural Law/ 0 comments

primary evidence is considered to be the superior or the best evidence, yet, secondary evidence plays a very important role in the Court of law as there are various situations and circumstances occur in which primary evidence cannot be produced before the court and therefore, in those times, secondary evidence assists the court in securing justice.

Share

Importance of Medical Evidence

Admin/ September 1, 2018/ Procedural Law/ 1 comments

Author: Anubhav Bijalwan Introduction The interaction between Medicine and the Law has been on a surge in recent years. Medical science gives clue as to how the death of the person, how the injury, was caused, while the law prosecutes a person for killing and injuring other. With the evolution of medical science, this interplay is bound to increase. The

Read More

Share

Admissibility of Social Media Posts or Messages

Admin/ August 30, 2018/ Procedural Law/ 0 comments

When it comes to the admissibility of social media evidence, the key is to make sure that you are accessing the information in a permissible manner.  Generally, a lawyer investigating a case may access the public portions of an individual’s social media account and try to identify whether….

Share

Doctrine of Burden of Proof

Admin/ August 27, 2018/ Procedural Law/ 2 comments

Doctrine of Burden of Proof is an indispensable part of any criminal justice system. The burden of proof to prove a fact always remains on the party who put forwards that fact in his pleading and this burden never shifts.

Share