Absconding Accused, An Omnipresent Phenomenon
From time immemorial, the tendency of an accused person to ‘flee away from justice’ has plagued the Criminal Justice Administration System. With the advent of technology, the world has shrunk, and the ease in which an accused person vanishes into…
Do we need permission to travel abroad pending prosecution?
The right to travel abroad is a fundamental right recognized by the Supreme Court in Maneka Gandhi’s Case[1]. However, the said right is not an absolute one as it is subject to reasonable restriction. The reasonable restriction to travel abroad…
Have you missed the bus? With reference to Sec. 138, Negotiable Instruments Act.
To attach credibility to financial instruments, the Parliament enacted the Negotiable Instruments Act. Further, to provide teeth to the Act, the proceedings were set to take place in a time-bound manner. The timeline stipulated under the Act for the prosecution…
ANTICIPATORY BAIL – A MISNOMER
The expression ‘anticipatory bail’ has not been defined in the Code. But as observed in Balchand Jain v. State of M.P.[1], anticipatory bail means a bail in anticipation of arrest. The expression ‘anticipatory bail’ is a misnomer inasmuch as it is…
BAIL OR JAIL? – THE BLURRED AREA OF CRIMINAL JUSTICE SYSTEM
“Bail” remains an undefined term in the CrPC. Nowhere else the term has been statutorily defined. Conceptually, it continues to be understood as a right for the assertion of freedom against the State imposing restraints. Since the UN Declaration of…
LAW RELATING TO CANCELLATION OF BAIL
Under the scheme of the Code, there is no scope for filing an appeal against the order of grant of bail and only an application seeking cancellation of bail can be filed. The expression ‘appeal in respect of an order…
DEFAULT BAIL- AN OVERVIEW
Sec. 167, CrPC deals with default bail. Sec. 167, CrPC in its present form reads as follow: Procedure when investigation cannot be completed in twenty-four hours- (1) Whenever any person is arrested and detained in custody, and it appears that…
EVOLUTION OF OFFENCE PERTAINING TO PUBLIC SERVANTS AMASSING WEALTH DISPROPORTIONATE TO THE KNOWN SOURCE OF INCOME
Chanakya, the much-revered author of the ancient political treatise, the Arthashastra equates the bondage of human beings to corrupt practices to the irresistible urge to taste the honey or poison in the tip of the tongue. Such being the influence…
Does Sec. 12, Prevention of Corruption Act, 1988 survive the test of Constitutional Validity?
Sec. 12, Prevention of Corruption Act, 1988 (‘PCA’) reads as follows: 12. Punishment for abetment of offences.—Whoever abets any offence punishable under this Act, whether or not that offence is committed in consequence of that abetment, shall be punishable with…
DEMYSTIFYING COMMONLY CONFUSED PROVISIONS OF THE INDIAN PENAL CODE, 1860
Common Intention (Sec. 34, IPC), Abetment (Sec. 107, IPC), and Criminal Conspiracy (Sec. 120A, IPC) are oft-quoted provisions of IPC, yet the line defining their distinction is a mystery. The partition, which divides their bonds, is very thin; nevertheless, the…