Definition and Scope of Criminal Breach of Trust Under the IPC Key Elements of Section 405 of the IPC Criminal Breach of Trust, as defined under Section 405 of the Indian Penal Code (IPC), refers to the dishonest misappropriation or misuse of property that has been entrusted to an individual. This person must have control … Read more
Difference Between Summon Case and Warrant Case When examining the legal distinctions between summon cases and warrant cases, it is essential to consider the specific laws governing these procedures. Understanding the legal framework, as outlined in the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC), helps clarify the course of action for … Read more
The legal framework safeguarding the rights of arrested individuals is comprehensive, incorporating constitutional provisions, statutory protections, and judicial rulings. This framework ensures that people are treated fairly during arrest and detention, upholding the principles of justice and the rule of law. Right to Be Informed of the Reason for Arrest One of the fundamental rights … Read more
In India, anticipatory bail is designed to assist individuals at risk of arrest for serious offenses. This legal provision allows a person to apply for bail prior to their arrest, safeguarding their personal liberties and ensuring equitable treatment under the law. This mechanism is crucial for preventing unjust arrests, upholding the principle of “innocent until … Read more
A temporary injunction under the Civil Procedure Code (CPC) is a court order that either restrains a party from performing certain actions or compels them to take specific actions for a limited period, typically until a final judgment is reached in a legal dispute. The purpose is to maintain the status quo and prevent irreparable … Read more
In today’s digital era, eCourt services have transformed how individuals engage with the judicial system. These online platforms provide a convenient and effective way to access court services, monitor case statuses, and handle legal matters from the comfort of home. This article will walk you through the essentials of eCourt services, including steps to check … Read more
Section 10 of the Code of Criminal Procedure (CrPC), 1973, addresses the subordination of Assistant Sessions Judges. According to Subsection (1) of Section 10, all Assistant Sessions Judges are subordinate to the Sessions Judge under whose court they operate. This implies that Assistant Sessions Judges must adhere to the directions of the Sessions Judge, who … Read more
Understanding the distinction between culpable homicide and murder is vital in criminal law. Though both involve the unlawful killing of a person, they are not interchangeable. A helpful way to differentiate them is by the phrase: “All murders are culpable homicides, but not all culpable homicides are murders.” Culpable homicide represents the broader category, while … Read more
Kidnapping vs. Abduction: Understanding the legal distinctions between kidnapping and abduction is essential for grasping their implications across different jurisdictions. While both involve the unlawful taking or confinement of a person, they differ in terms of intent and methods. Kidnapping Across Various Jurisdictions Kidnapping is a criminal act involving the unlawful taking and transporting of … Read more
Instances When a Foreign Judgment Is Not Conclusive – Section 13 of the Code of Civil Procedure, 1908, outlines the conditions under which a foreign judgment is not considered conclusive. It specifies that a foreign judgment will not be deemed final and binding in the following situations: If a foreign judgment is not conclusive under … Read more