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Showing posts from May, 2023

Do Every Indian Feel They Have Equal Justice Under The Law?

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Equal justice under the law is a fundamental principle that strives to ensure fairness, impartiality, and equal treatment for every individual within the legal system. In India, the concept is enshrined in the Indian Constitution, guaranteeing equality before the law and the right to a fair trial. However, achieving true equality in the administration of justice remains an on-going challenge, influenced by factors such as social-economic disparities, access to legal resources, biases, and systemic inefficiencies. Indian Legislation on Equal Justice  In India, the legislation and constitutional provisions that promote equal justice under the law include- Article 14 of the Indian Constitution- It guarantees the right to equality before the law and equal protection of the laws. It ensures that all individuals are treated equally by the state and are not discriminated against on grounds of religion, race, caste, sex, or place of birth. Code of Criminal Procedure (CrPC), 1973- The CrPC ...

Does Criminal Activities Of Spouse Can Be Ground Of Divorce?

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Divorce affects a lot of individuals right away. An individual seeking a divorce could continue to be recovering from the trauma of being in an unfit marriage, while the person they live with might still be attempting to mend fences and anyone who witnessed the breakdown of the marriage might never again trust in the institution of marriage. However, while life goes on for everyone after a divorce, it is not the conclusion for anyone. People in troubled marriages frequently think they can call it quits at any time. They typically don't realize that certain obscure legal provisions control how marriages dissolve. The same laws that control marriage also regulate divorce since certain laws forbid you from marrying anyone. How Does the Criminal Activities of Spouse Lead to Divorce? The criminal activities of a spouse can indeed lead to divorce. Depending on the jurisdiction, criminal behaviour such as abuse, domestic violence, fraud, or other serious offenses can be considered as grou...

Can Fir Be Withdrawn After Charge sheet Is Filed?

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The FIR serves as the initial step in the criminal justice system and provides essential information about the incident, including details of the offense, the complainant, witnesses, and other relevant facts. It sets the legal process in motion and acts as a basis for further investigation and legal proceedings. An FIR can be withdrawn after a charge sheet is filed, but it requires the permission of the court. The court will consider various factors, such as the nature of the offense, the consent of the parties involved, and the interests of justice before making a decision on whether to allow the withdrawal of the FIR. The court will assess the reasons for withdrawal and ensure that it is not against the public interest or an attempt to manipulate the legal process. Reasons Where FIR can be withdrawn after Charge Sheet is filed In certain circumstances, an FIR can be withdrawn after a charge sheet is filed, but it typically requires the permission of the court. Some reasons where with...

If Charge sheet Could Be Filed After 3 Years Of Any Activity ?

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Charge sheet is the formal police record showing the names of the persons who have been brought into the custody of the police, the kind of the accusations and the identity of the accusers. It contains four-part charging instrument: Information related to the accused and the witnesses; the charges filed as well as the specifications; the preferring of charges as well as their referral to summary; trial record. A charge sheet is different from the First Information Report (FIR), it is the core document describing the crime which has been committed. It usually refers to one or more FIRs, charging an individual or organisation for the crimes which have been mentioned in those FIR(s). Once a charge sheet has been submitted in the court of law, the prosecution proceedings against the accused named in the charge sheet begins in the judicial system. For further information on the subject, you may contact an experienced Criminal Lawyers In Meerut or your city. Section 173- Report of the poli...