Criminal

The Coronavirus Crisis- some legal aspects

Cornavirus Crisis- some legal aspects with focus on Indian Law The novel Coronavirus has been declared a pandemic in India. UPDATE 25th March 2020 The Government of India has, for the first time, invoked the National Disaster Management Act (NDMA) . While health is a State subject in India, this invocation brings all states under Centre's control for all steps pertaining to the battle against has wider ranging powers and provisions than the Epidemic Diseases Management Act 1897 that was so far being invoked. Centre can make national plans , and can take action against anyone obstructing their implementation. The…
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Criminal

First Information Report – FIR – the Basics

An FIR ( First Information report ) can only be lodged for a ” Cognizable ” Offense. The Offense category is clearly explained in the CrPC / IPC section it falls under. So, if there is no FIR to begin with, the issue of Bail does not arise. Cognizable Offence Police is empowered to register the FIR and investigate only the cognizable offenses. Police can arrest an accused involved in cognizable crime without the warrant from the Court. Theft, robbery, murder and rape are some instances of cognizable offenses. Non-cognizable Offence Here, Police can neither register the FIR nor can…
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