How to Get Back Property Upon Conclusion of Trial under Section 452 CrPC

Section 452 CrPC applies when an inquiry or trial is concluded. After an inquiry or trial is concluded it is the duty of the Court to order the disposal of the property regarding which an offence was alleged to have been committed and to get back the property you need to file an application under … Continue reading How to Get Back Property Upon Conclusion of Trial under Section 452 CrPC

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Application u/s 172 CrPC for Production of Case Diaries

IN THE COURT OF SH.____________, LD. SPL JUDGE, NEW DELHI IN THE MATTER OF: CBI       V/S      _________________________ ____________/ CBI (DTD. _______) NDOH: ________ APPLICATION ON BEHALF OF ACCUSED _______________ FOR PRODUCTION OF CASE DIARIES U/S 172 CrPC IT IS MOST RESPECTFULLY SUBMITTED A UNDER: That the applicant/accused is innocent and has been falsely implicated in … Continue reading Application u/s 172 CrPC for Production of Case Diaries

Data Theft and Data Protection Precautions in India

At the outset, it is stated that under the Indian Law, “ Data Theft” is a misnomer. Under the Indian Law, there is no offence of “Data Theft” i.e. theft of Data. Section 378 of the Indian Penal Code, 1860 defines Theft as follows:- “ Theft – Whoever, intending to take dishonestly any movable property out of … Continue reading Data Theft and Data Protection Precautions in India

Criminal Petition u/s 482 for Quashing of Fir Due to Compromise

IN THE HIGH COURT OF DELHI AT NEW DELHI (EXTRA ORDINARY CRIMINAL JURISDICTION) Crl. Misc. (Main) No. ______ of 20__ IN THE MATTER OF:   ______________                       …       PETITIONER   VERSUS N.C.T. of Delhi & Another                    …       RESPONDENTS INDEX S.No. Particulars   Page Nos.         1. Notice of Motion   A   … Continue reading Criminal Petition u/s 482 for Quashing of Fir Due to Compromise

Custodial Interrogation in India

Custodial interrogation implies when an accused is in the custody of enforcement officials or police officers for interrogation. While in custody, several rights of the accused are on hold but some basic human and fundamental rights are nonetheless within his reach. The conditions for grant of custodial interrogation: (section 167 Cr.P.C.) Investigation not complete within … Continue reading Custodial Interrogation in India

Domestic Violence Section 12 Complaint Format

IN THE COURT OF DISTRICT JUDGE, ______________, ____     IN THE MATTER OF:   IN THE MATTER OF: 1.       ________________ W/O SHRI _______________ D/O _________________ R/O ___________________ ______________                         ..COMPLAINANT/PETITIONER     VERSUS     SHRI ____________ S/O _________________ R/O _______________   SHRI _______________ S/o late Shri ___________ R/o __________________   SMT ______________________ W/o … Continue reading Domestic Violence Section 12 Complaint Format

Format SLP (Special Leave Petition) Criminal

IN THE SUPREME COURT OF INDIA (CRIMINAL APPELLATE JURISDICTION)   SPECIAL LEAVE PETITION (CRL.) NO.    ______    OF ______ (Under Article 136 of the Constitution of India) (WITH PRAYER FOR INTERIM RELIEF)                                                                                        POSITION OF PARTIES                                        In the High Court         In this Court BETWEEN:   ___________,                                   Appellant No.2                Petitioner Son of ________, Sunari, P.S.: … Continue reading Format SLP (Special Leave Petition) Criminal

Criminal Action after 5 Years and Bar of Section 468 Cr.P.C.

Criminal Complaint after 5 years has lapsed and whether the bar under Section 468 of Cr. P C, 1973 will be applicable in initiating criminal action in the above mentioned case.Limitation prescribed under Section 468 of Cr.P.C. applies to only non-serious cases where the imprisonment term does not exceed three years. The section 468 of … Continue reading Criminal Action after 5 Years and Bar of Section 468 Cr.P.C.