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Showing posts with the label Remand Application

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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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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WHAT TO DO IF AN F.I.R. HAS BEEN FILED AGAINST ME?

An F.I.R. filed against you generally mean that the Police authority now has all the legal powers to arrest you. But, like in every other case, there are exceptions to that as well, and also like every other case, each of such exception has a cost of its own which you may have to bear. And just like every other prior article, I will only inform you about the legal procedure involved to deal with this anxious situation of yours. TECHNICAL BACKGROUND – F.I.R: An F.I.R. can only be registered against you when the allegations are pointing towards a ‘ Cognizable Offence ’. For the purpose of everyone’s technical knowledge, a cognizable offence is an offence in which the police official does not require a warrant to arrest the accused person. In simple words, Police can arrest you as soon as the FIR is lodged against you (Refer to Schedule – 1 of Code of Criminal Procedure, 1973 [hereinafter “ CrPC ” ] for an exhaustive list of cognizable/non-cognizable offences mentioned under the Ind...
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