Criminal Law

Police officer not appearing in court

Sir, I am a central govt employee and my promotion is pending due to the ongoing five years long-pending case. the case is pending for police evidence though court summons issued so many time police officer not appearing in court. Please suggest how this case will be finished.

When the witness fails to appear in court or deliberately ignores the process of the court then the court is empowered under the code of criminal procedure to compel him and secure his appearance.

I am cheated by my boyfriend

Hello…sir I want to know that can I file a case against a defence personal who cheated me on the name of marriage and also make relation with me. While he was already married. After knowing his truth I didn’t want to marry him and now he is blackmailing me. What can I do now sir I am a medical student he ruined my life. Please help me.

You may file a criminal case against him under section 376 IPC for the offence of rape if he had established bodily relation with fraud. Before the filing of criminal case for rape, you should collect all the evidence which can establish the fact that your consent was taken by fraud and in order, to that consent, he established bodily relation. After the amendment in section 376 IPC by amendment act 2013, penetration of any object in the body woman is constitute the offence of rape.

Ossification test in rape cases

What is the ossification test for determination of age? Does it apply in rape cases? An ossification test, also known as a bone age test, is a medical examination used to determine the maturity of the bones in a person's body. In the context of rape cases,...

Claim juvenile at any stage

Could a juvenile accused claim his juvenility at any stage of proceeding? A fact that accused was juvenile at the time of the commission of the offence is the most important fact. This fact can be raised at any stage of a criminal proceeding. Trial, appeal and revision are the stages of a criminal proceeding and accused can take the plea of juvenility at any stage.

ALTERATION OF CHARGE

How does the court alter the charge under the code of criminal procedure? Alteration of charge may be taken place during the trial if the court found that there is sufficient material on record to show the commencement of any offence which is not charged by the court....

Elements of dowry death

Sati and dowry death has plagued this nation for centuries. Sati, the practice of sending a widow to her husband’s funeral pyre to burn in it. It was first outlawed under British Rule in 1829 and 1830 under the Governor-Generalship of Lord William Bentinck in the...

Juvenile in absence of official record of age

What are the procedures for determining the age of a juvenile in the absence of an official record of age according to the Juvenile Justice (Care and Protection of Children) Rules, 2007? How can the court or board determine the age of a juvenile or child in conflict with the law if there is no matriculation or equivalent certificates, date of birth certificate from the school first attended, or birth certificate issued by a corporation or a municipal authority or a panchayat? When can a medical opinion from a Medical Board be sought, and how conclusive is it in determining the age of a person?

Presumption of Paternity in Law

My marriage was solemnized in the year 2009 and the child was born within 8 months from marriage. My wife is very shrewd and hush regarding her pre-marital life. I have some strong reason to doubt that child is not legitimate because she had some affair with a colleague and he had been very curious regarding the birth of a child. However, he never interrupted in my life but he has still trying to collect information about my child. Can I file a case for DNA testing for determination of paternity of a child?

Police officer is bound to register FIR

My uncle went to the police station for registration of FIR. Someone steal his goods from the bus station. He informed the matter to the “Dewan”, but he refused to lodge his FIR. I have heard that the police officer cannot refuse to record the FIR. However, he did so...