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...
PART 1: DRAFTING THE BAIL APPLICATION The last shorticle pointed towards the change in situation of a case when the Chargesheet (a.k.a. “ Final Report ” under section 173 CrPC) is filed by Police, which opens a window for the Accused to apply for Bail before the Magistrate/Sessions Court, as the case maybe. Why the filing of Chargesheet by Police is considered as a good occassion to file Bail Application? Chargesheet filed = Investigation finished The very reason behind filing a Bail Application after when the Chargesheet is filed is because the Police, through this Chargesheet, have submitted their FINAL REPORT to the Magistrate with regards to the alleged crime committed by the Accused person. This Final Report (or Chargesheet) contains statements of Accused person(s), witnesses, Post Mortem Report and all other documents relevant to the crime as recorded/obtained by the Police, which is considered to be a conclusion of an exhaustive investigation done by the appointed I.O. (...