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Showing posts from September, 2020

PART 1 - THINGS TO KNOW BEFORE FILING DEFAMATION COMPLAINT

Being aggrieved of the ruthless comments made upon Birbal by Akbar (His Majesty) in front of the entire Darbar, Birbal has decided to file a Defamation Complaint before the Court of Law. (If you feel clueless, read the first paragraph of - PREVIEW OF DEFAMATION COMPLAINTS PROCEDURE ) Also, Birbal is clueless about the legal process, so he approached Me ( Note: this anecdote is fictional, if you have not realized till now). I had to tell him the following information to make him aware about “Defamation Case Procedures in Indian Courts” in exchange of some legal-fee of course: SECTION 499: Defamation is a Criminal offence under Section 499 of Indian Penal Code . This legal provision contains the legal definition of ‘Defamation’, which has to be followed by Courts and the judicial fraternity in order to convict or acquit an Accused person.   Short-Gyan: Did you know that making defamatory comments against a dead individual is also a criminal defamation offence!   PUNISHME...
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CHARGESHEET FILED BY POLICE WHILE YOU ARE IN POLICE/JUDICIAL CUSTODY: THINGS YOU SHOULD BE AWARE ABOUT

In the last shorticle, I informed you about the sole solution which you need to know in a situation when an accused has been held in custody (police/judicial) by way of an order of the Magistrate. The only solution being – " BAIL " Let us consider an ILLUSTRATION for our better understanding and perspective: Akbar has used his hi-fi contacts to build a false case against Birbal , to charge him under the offence of ‘Attempt to Murder’ under section 307 of IPC.   Akbar in his FIR to Police has mentioned these facts:-   “On 01 st Jan 2020, Akbar went to buy vegetables in the market, Birbal stopped him and hit him hard on his head with the handle-side of a Khukri, and also threatened to kill him, if Akbar denies to handover Rs. 5,000/- to Birbal then and there. However, Akbar pushed Birbal and tried to run from the situation, and in that process, Birbal’s knife pierced the right thigh of Akbar. Then, Birbal ran away.” [NOTE: THIS IS ONLY AKBAR’S SIDE OF STORY]  ...
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WHAT TO DO IF THE MAGISTRATE HAS PASSED A REMAND ORDER AGAINST YOU KEEPING YOU UNDER POLICE / JUDICIAL REMAND?

I had discussed in the last shorticle (i.e. short article) about a situation wherein the Police had arrested you and thereafter has produced you before the Magistrate within 24 hours, and such Police Investigating Officer (“ IO ”) had filed a Remand Application against you, requesting the Magistrate to remand you for Police custody (i.e. in police station) or Judicial Custody (i.e. in Jail as under-trial prisoner). Now, what will you do if the Magistrate, after going through the Remand Application, passes an Order for keeping you in Police Custody/Judicial Custody?  This shorticle precisely addresses this practical question of criminal law. REMEDIES AVAILABLE TO YOU AT THIS STAGE: The only remedy available to you at this custody stage is “To obtain Bail from the Magistrate”. But, getting a Bail at this stage is fairly difficult for the primary reason that there will be no ‘change in circumstances’ of the case.   BAIL APPLICATION TO BE MADE ONLY WHEN THERE IS A ‘CHANGE I...
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