Police Not Filing FIR
Filing of an FIR A police officer cannot refuse to file a First Information Report (FIR) unless: Cognizable and Non-Cognizable Offences Cognizable Offences: These are serious in nature, and the police have the authority to arrest without a warrant. Examples include: Non-Cognizable Offences: These are less severe and typically bailable. In such cases, the police […]
Summons/Warrants
Summon A summon is the first legal step taken by the court to request an individual’s appearance. If the individual fails to respond or appear on the specified date, the court may authorize a warrant for further legal action. Key Provisions for Summons (As per Section 61 of the Code of Criminal Procedure): Warrant A […]
Physical/Sexual Abuse
Physical Assault Under Section 351 of the Indian Penal Code (IPC), any intentional act that causes trauma or injury to another person through bodily force is considered physical assault. This includes: Physical assault is treated as a criminal offense, and the accused is tried under the criminal procedure of the IPC. Sexual Abuse and Related […]
NRI Property Issues
Property Ownership and Regulations for NRIs Properties owned by Non-Resident Indians (NRIs) in India are regulated under the Foreign Exchange Management Act (FEMA). The Reserve Bank of India (RBI) has issued specific guidelines that allow NRIs to purchase residential and commercial properties in India. However, they are prohibited from purchasing agricultural land, plantation property, or […]
Narcotics/ Drugs
Under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, it is illegal to:“produce, manufacture, cultivate, own, sell, transfer, purchase, or consume any Narcotic Drugs and Psychotropic Substances.” Initially, no Special Courts were established under the Act. However, an amendment in 1989 empowered the Government to create Special Courts to handle offences under the NDPS […]
Murder/Attempt to Murder
Murder and Culpable Homicide There is a distinction between culpable homicide, as defined under Section 299 of the IPC, and murder. While all murders are culpable homicides, not all culpable homicides qualify as murder. Culpable Homicide (Section 299 of IPC):Culpable homicide occurs when a person causes the death of another with: Murder (Section 300 of […]
FIR Filing/Quashing
Filing an FIR is the first legal step that initiates the legal process to help the victim seek justice. Without an FIR, the police cannot take any action. Once the FIR is filed, the police begin investigating the crime. FIR Quashing To quash an FIR, a petition must be filed in the High Court, as […]
Defamation
The Constitution of India, under Article 21, accords reputation, fame, and recognition in public life an integral position among a citizen’s fundamental rights. The law recognizes two types of defamation:
Corruption
The Prevention of Corruption Act, 1988, passed by the Parliament of India on September 9, 1988, applies to the entire country, including citizens of India residing outside the country. The Act comprises 31 sections divided into 5 chapters. In addition to this Act, the Government of India has enacted several other laws to combat corruption. […]
Bail Lawyer
Introduction to Bail in Jaipur Bail is a legal process that enables those arrested and detained to be freed before being brought to trial. In India, bail is issued under the Code of Criminal Procedure 1973, which provides for both regular and anticipatory bail. Regular bail is granted only when someone has actually been arrested, […]