Advice on Criminal Law
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Legal advice in Criminal Law
Complaints regarding embezzlement of paid electricity bills were made by consumers in the division office of the electricity board against lower class employees. Statements of consumers were recorded in the division office. After that an FIR was lodged against the...
Question: Can my son in law get bail in a dowry death case? When does the court reject the bail? My son in law has murder my daughter and hanged his body with ceiling fan. We got the information on mobile phone that my daughter has committed suicide. there was a...
Question: My brother is accused in a murder case. He is innocent but the police have falsely implicated him in this case. The dying declaration of the deceased does not support his role in the murder of Ramnaresh Kushwaha. There is a contradiction in the dying...
Question: I am doing a business of terrace farming. My friend is a partner in my business. He does not help me but comes on each week to take his share in profit. Yesterday he filed a false criminal case of cheating in XXX police station. He has alleged in the FIR...
Question: My brother is a PCS officer and recently the court has convicted him under the Prevention of Corruption Act. The prosecution took sanction from the state government without following the process. Thus conviction based on invalid sanction for prosecution. The...
Question: I want to challenge the validity of sanction for prosecution. The CBI obtained the sanction for prosecution by force and using undue means. My superior officer was working under pressure of the CBI and granted the sanction prosecution. Now I have retired and...
Section 154 of the Code of Criminal Procedure 1973 provides a procedure for lodging an FIR. There is no fee or charge for FIR (first information report) of a cognisable offence. The officer incharge of the police station shall record the information about a cognisable...
Section 151 of the Code of Criminal Procedure empowers the police officer to arrest a person on the suspicion of commencement of cognisable offence. If there is no reasonable ground for suspicion but police has arrested a person under section 151, such an arrest is illegal and state government shall compensate the arrested person.
Sending obscene messages or lascivious materials in electronic form is an offence under Section 67 of the Information Technology Act 2008. The recipient of such an indecent messages should lodge an FIR against the person who is sending those messages. Those messages are itself sufficient to prove the culpability.
Deception and threat or fear of any injury are the principal ingredients of cheating and extortion respectively. If a boyfriend has gifted a laptop, mobile, jewelry or any other article to his girlfriend in love and affection then he cannot say that he has been cheated or extorted by his girlfriend. Breakup of friendship does not render the girlfriend liable for the offence of cheating or extortion.
Officer in charge of the police station cannot force the informant to file a complaint instead of a first information report (FIR). Section 154 of the Code of Criminal Procedure does not give such a power to the police officer. The police have no other option except to lodge FIR if the information discloses cognisable offence.
Convicted person would be a competent witness under Section 118 of the Indian Evidence Act. If a convicted person has the ability to understand the question put to him and to give its rational answer then he is a competent witness. His conviction does not bar him from becoming a witness of fact in a criminal trial if he has the personal knowledge of the relevant fact.
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