Posts

What Is The Evidentiary Value Of Statement Before Magistrate

Image
Any person who was present at a crime scene or who provided evidence in a case that is currently under trial may provide a statement or record a confession about the incident in the presence of any judicial magistrate or metropolitan magistrate, and the statement or confession will be recorded. A recorded statement is your account of what transpired at the event, including occurrences that may have occurred before or after the accident, if any. Under the Code of Criminal Procedure, especially Section 164, statements may be recorded, and the judicial magistrate or metropolitan magistrate takes the recorded statement.  When the investigating officer asks that the complainant's testimony be taken down or when the complainant approaches the Magistrate on their own behalf to have their statement recorded, the statement is recorded in accordance with Section 164 of the Criminal Procedure Code. Section 164 of the Criminal Procedure Code Any statement made by the perso...

What Is The Process To Record Statements Under Section 164 Of The Crpc Twice ?

Image
As has been mentioned under  Section 164 of the Criminal Procedure Code, 1973 a Metropolitan Magistrate or Judicial Magistrate, even if he does not have jurisdiction in the case, he will have the authority to record a confession made to him by a person, the statement has to be recorded during the course of investigation or even after it, however before the inquiry or trial. The Section 164 of the CrPC provides about both- confessional and non- confessional statements. As per the CrPC, Section 164 provides for a special provision for recording the confessions when they are made freely and voluntarily and not under any duress or influence. The statements  recorded under this Section would have more substantive value than a non-confessional statement. Any confession which has been made to the magistrate under the Section 164, can be recorded as an audio or video in the presence of the advocate of the accused. Confession - A Confession is a statement admitting the commitment of a ...

What Is The Punishment For Filing A False Case In India

Image
A charge or allegation of misbehavior that is inaccurate or otherwise unsupported by evidence is referred to as a false accusation. False allegations are frequently described as unsupported, unjustified, false, or false claims. Most often, fabricated cases are brought up to appease a person's personal animosities or political rivalries.  A false allegation is one that is made with knowledge that the person or people being accused have not really committed the crime, even though there is reason to suspect they have. Justice is not served by such actions, which are only carried out to further one's own interests. Such claims not only unfairly harass a "innocent accused," but also place an unnecessary strain on the judiciary, which lowers the standard and effectiveness of the system. ABOUT LAW RELATING TO FALSE ALLEGATIONS: The Indian legal system offers a wide range of legislative rules and judicial decisions that offer remedies for a person who has been falsely accused...

I File Recovery Suit Under Which Section Of Law

Image
A recovery suit is a civil remedy that can be used to recover money from a non-payer. Under the virtue of Order IV of the Civil Procedure Code of 1908, the suit may be filed in a court of competent jurisdiction.  A recovery suit might be brought in the place where the Defendant resides, where he conducts business or individually works for profit, or where the cause of action originated entirely or partly. Once the territorial jurisdiction is determined, the next stage is to determine the pecuniary jurisdiction, which is determined by the value of the suit and determines whether the suit should be brought in the district court or the High Court. In India, the limitation period for commencing a civil claim for recovery is three years from the day the cause of action began. Such a restriction time is normally not tolerated; however, the attempt could be made by outlining the reasons/grounds for approving the delay, which ultimately rests with the concerned judge. The plaint for recove...

How Many Years Of Separation Is Equal To Divorce In India ?

Image
In India, the minimum period of separation which is required between a husband and wife so as to file for a divorce varies depending on the grounds for divorce. In the case of a mutual divorce, when both parties agree for the divorce, the minimum period of separation required is one year. Mentioned under Section 13B of the Hindu Marriage Act, 1955 the provision for mutual divorce by husband and wife has been provided.  It mentions the dissolution of a marriage by a decree of divorce on the ground that parties have been living separately for a continuous period of not less than one year, and have mutually decided to dissolve the marriage. For further information you must seek a Family Lawyer In Delhi , who could offer you much needed advice related to your matter.  In the case of a contested divorce, when one party initiates divorce and the other does not agree, the minimum period for separation required depends upon the grounds for divorce. For example, when the grounds for di...