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  Any act or omission which is prohibited by law and is punishable by law is a crime. The punishment for such crime is decided by following procedures of criminal trial. The criminal trials in India are well established statutory, administrative and judicial framework. The whole criminal law consists of three main acts – 1. Indian Penal Code, 1860 2. Code of Criminal Procedure, 1973 3. Indian Evidence Act, 1872. Classification of Criminal Law Substantive Criminal Law or Real Criminal Law Procedural Criminal Law or Adjective Criminal Law 1.    Indian Penal Code, 1860 1.    Code of Criminal Procedure, 1973 2.    Indian Evidence Act, 1872 Indian Penal Code and Code of Criminal Procedure are together known as “twin sisters” of criminal law. Code of Criminal Procedure (Cr. P. C.) is the procedural law for conducting a criminal trial in India. The procedure includes the manner for collection of evidence, examination of witnesses, ...

  Section 13 B of Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954 require the couple to be living separately for at least one year before divorce proceedings can begin. Section 10A of Divorce Act, 1869, however, requires the couple to be separated for at least two years. Do note that living separately does not necessarily mean living in different locations; the couple only needs to provide that they have not been living as husband and wife during this time period. Procedure for Divorce with Mutual Consent 1. Filing the Petition The husband and wife will both need a lawyer to handle the matter of the divorce. The lawyers will have them file for the divorce at one of the following places: 1. Where the two last resided. 2. Where the two were married. 3. Where the wife currently resides. 2. Grant of First Motion Now that the two parties have filed the petition, they must record their statements in the presence of the judge at a district co...

 According to a successful lawyer, it is very necessary to know the basic principles of drafting a plaint, written statement, petition etc.. The result of the whole case is completely depends on the strength of pleading and well-drafted pleadings are the stepping stone for getting the justice in court.  Pleading in a Suit: below : BasicPleading is defined in the code of civil procedure in O 6, RULE 1.as below:-   "pleading" shall mean plaint or written statement." Order 6 Rule 2 says pleading to state material facts and not evidence.2 (1)every pleading shall contain and contain only a statement in concise form of the material facts on which the party pleading relies for his claim or defence as the case may be, but not the evidence by which they are to be proThe basic principle of pleading is that "pleading should refer  to fact alone, it should not be argumentative averment."(M/s strong construction v. state of u.p. AIR 2005 All 224), Mandatory r...

Procedures for marriage between Hindu girl and Muslim Boy The marriage between a Hindu girl and a Muslim boy is considered under the Hindu law, Muslim Law and Special Marriage Act, 1954. Muslim Law In the Muslim law, the Hindu girl has to convert into Islam for validation of the marriage. The Muslim law has specific provisions for its conversion. In the Muslim marriage, there is a need for proposal (Ijab) from one party and also acceptance (Qubul) from the other for getting the contract between them. Also, the consent to marriage will be free of coercion, fraud or undue influence. Hindu Law Hindu law does not contain any provisions for conversion. There will be ceremonies like Namakarana Samskaras in which an individual adopts the traditional Hindu name or Yajna will be held. Arya Samaj also offers service for procedural conversion to Hinduism. The Muslim boy can convert to Hinduism and sanctify the marriage according to Hindu rites that will bring it un...

SUPREME COURT OF INDIA (i) Electricity Act, 2003, S.56(2) -- `First due' - Electricity charges become `first due' only after the bill is issued to the consumer, even though liablity to pay may arise on the consumption of electricity. (Para 6.6) (ii) Electricity Act, 2003, Ss.56(1), 56(2) -- Electricity dues - Non payment - Disconnection of electricity connection - S.56(1) of the Act confers a statutory right to the licensee company to disconnect the supply of electricity, if the consumer neglects to pay the electricity dues - This statutory right is subject to the period of limitation of two years provided by S.56(2) of the Act. (Para 7.3) (iii) Electricity Act, 2003, S.56(2) -- Electricity dues - Non payment - Disconnection of electricity connection - Limitation of two years - Commences from the date on which the electricity charges become `first due'. (Para 7.4) (iv) Electricity Act, 2003, S.56(2) -- Electricity dues - Non payment - Disconnection of electricity connection...

Evidence Act, 1872, S.3 -- Inconsistency between evidence of eye witnesses and medical evidence - As per eye witnesses four fire arms shots hit the deceased on head - As per doctor there were only two entry wounds - Court has to go by the statement of doctor as prosecution did not pray that doctor be declared a hostile witness - Evidence of doctor belies evidence of eye witnesses - Acquittal calls for no interference. (Para 12) According to the two eyewitnesses PW1 and 2, all the four fire arm shots hit the deceased on the head. According to the doctor there were only two entry wounds. This also belies the statement of the so called eyewitnesses according to whom the accused gave four fire arm injuries on the head of the deceased. The doctor was a prosecution witness and the prosecution cannot be heard to say that his statement should not be relied upon. The prosecution did not pray that the doctor be declared a hostile witness. Therefore, we have to go by the statement of the medi...

SUPREME COURT OF INDIA Abetment of suicide - Mere allegation of harassment of deceased is not sufficient unless there be such action on the part of accused which compels the person to commit suicide and such an offending action ought to be proximate to time of occurrence. (2019(3) Criminal Court Cases 616 (S.C.) ALLAHABAD HIGH COURT Alteration of charge - Waiver of right to further examine any witness - Does not impair or affect the right of defence to seek further cross examination of any witness. (2019(2) Criminal Court Cases 525 (Allahabad) ALLAHABAD HIGH COURT Application u/s 156(3) Cr.P.C. - Averments made in application and material, if any, in support thereof, if disclose cognizable offence then Magistrate should order registration of FIR and investigation by police. (2020(2) Criminal Court Cases 740 (Allahabad) SUPREME COURT OF INDIA Bail - New offences added thereafter - It is not necessary that in all cases earlier bail should be cancelled by Court before granting permission ...