Briefly state the distinction between the following concepts. (i) Abetment and criminal conspiracy (ii) Assault and using criminal force [MPCJ 2009] (i) Abetment and criminal conspiracy Ans. Both abetment and criminal conspiracy are inchaote offence. Under section 107 clause secondly…
What is an ‘Unlawful Assembly’ ? When is a member of an unlawful assembly constructively liable for the offence committed by any other member of that Assembly ? Can less than five persons be convicted with the aid of Section…
THE REGISTRATION ACT SECTION 1: SHORT TITLE, EXTENT AND COMMENCEMENT This Act may be called the Registration Act, 1908. It extends to the whole of India, Provided that the State Government may exclude any districts or tracts of country from…
Q. Does a police officer, conducting investigation in a cognizable offence, have power to summon, for appearing before him, a witness under Section 160 of the Cr.P.C., who is residing in a different district or is in a different state,…
Q. Who can give complaint to police for an offence for registering FIR? Ans. First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is a…
Q. Whether the anticipatory bail granted can be limited in point of time? Ans. As decided in case of GURBAKSH SINGH SIBBIA AND OTHERS V STATE OF PUNJAB reported in 1980 (2) SCC 565, “operation of an order passed under…
Q. Whether anticipatory bail can be granted in regard to offences punishable with death or imprisonment for life? Ans: There cannot be hard and fast rule to grant or refuse anticipatory bail in regard to offences punishable with death or…
Q. Which are the main guiding principles to exercise discretion under Section-438 of the Cr.P.C.? Ans. It Is not proper to fix any formula to grant or refuse anticipatory bail as decided in case of SIDHHARAM SATLINGAPPA MEHTRE V STATE…
Q. Is it proper to fix any formula to grant or refuse anticipatory bail? Ans. In case of SIDHHARAM SATLINGAPPA MEHTRE V. STATE OF MAHARASHTRA – reported in 2011(1) GLH 11, Hon’ble Apex Court has held… “No inflexible guidelines or…
Q. What is meant by “anticipatory bail”? Ans.: The words “anticipatory bail” is not found in Section 438 of Cr.P.C but that is clearly the subject with which the section deals, in fact anticipatory bail is a misnomer. It is…