The cardinal principle of presumption of innocane unless proved guilty or bail rule jail exception is not applicable to special Acts such as NDPS, MCOCA etc, because of the fact that the offences under those special acts are considered to be the gravest one and they shake the very conscience of the society at large….

Since the Jail in India are congested and over crowded , Hon’ble Supreme Court of India held that social distancing is not possible if jails remain overcrowded, making it difficult to for maintaining social distancing. Taking note of the above-mentioned fact, Hon’ble Supreme Court in Suo Motu Writ Petition (C) No. 1/2020, In Re: Contagion…

Just because a person is accused of an offence, it is not expected to keep the person in custody for an endless period i.e. end of the trail, when most of the cases end in acquittal. And since the accused is presumed to be innocent unless proved guilty beyond reasonable doubt, it is against the…

Every person whether aggrieved or not, of an offence “committed or attempted” is expected to call or approach the police at first instance and get it reported. After the offence is reported, the police will look into allegations and identify whether the offence reported is a cognizable offence or non-cognizable offence. If the offence discloses…

The Principle of Bail as Rule and Jail as an exception, finds its very source from Article 21 and Article 22 of the Constitution of India and also from the well known principle of “Presumption of Innocence, Unless Proved Guilty”. Only because a person is accused to have a committed an offence, the state cannot…

To create a peer police pressure, civil disputes such as breach of contractual obligations were converted into criminal complaints and First Information Reports u/s 406 (Criminal Breach of Trust) or 415 (Cheating) were registered. With the increase in those Criminal Cases coming forward, Hon’ble Hon’ble Supreme Court in Hridaya Rangan Pd. Verma And Ors vs…

In the case of Dhruvaram Murlidhar Sonar vs The State Of Maharashtra on 22 November, 2018, Hon’ble Supreme Court of India has clarified that consensual physical relationship cannot be termed as rape. In the land mark Judgement, Hon’ble Supreme Court of India has clearly demarcated grounds on the basis of which every physical relation cannot…

The liberty of an individual is a matter of great constitutional importance and personal liberty is one of the cherished object of the Indian Constitution and deprivation of the same can be only in accordance with the law and in conformity with the provisions thereof, as stipulated under Article 21 of the Constitution of India….

Marriages are made in heaven and everyone getting into this sanctimonious relationship would expect a blissful, peaceful and loving life with their better half. But this dream of living a happy, peaceful and loving life sometimes turn into hell on earth and makes it even impossible to live their better half under one roof. To…

Economic Offences include Companies fraud, Corruption Cases, money laundering , tax evasion, trafficking, Cyber Law etc. Generally, Supreme Court held that grant of anticipatory bail is not to be done as a matter of rule, especially in matters of economic offences which constitute a class apart because at the stage of anticipatory bail, it may…