Evidence plays a crucial role in determining the facts and circumstances of the case. Without it, one cannot prove the offence committed by the accused, which makes the judgment impossible. To find out the facts of the case, we have two types of evidence, i.e. direct evidence and circumstantial evidence. Direct evidence refers to the evidence which when held as true by the Court, outrightly proves the fact. On the contrary, Circumstantial Evidence, as the name suggests, is the evidence, based … [Read more...]

Primary Evidence is considered as the evidence of supreme value, in the eyes of law. On the contrary, Secondary Evidence is non-primary evidence which are used when the primary evidence cannot be produced. What is Evidence? Evidence refers to proof of facts or genuine information that reflects the validity or authenticity of a belief or proposition. In the eyes of law, all the documents or statement which are permitted by the Court or made by the witnesses in front of the Court, with respect … [Read more...]

In common parlance, we use the words investigation and inquiry synonymously, but in law, they have separate meanings. The investigation is a systematic and formal examination of the facts and evidence, with an aim of establishing the truth. It plays a significant role in the trial of the criminal case. Contrarily, the inquiry is a judicial process that aims at determining whether the evidence submitted, in relation to the case is true or not. The crucial point that distinguishes these two … [Read more...]

Criminal Procedure Code, 1973 is concerned with criminal law, in India. It permits the Court to acquit or discharge the person arrested, in relation to the alleged offence. There is a wide misunderstanding among folks that acquittal and discharge are synonyms, but that's not true. While Acquittal is a verdict by the Judge, that the accused is not guilty of the offence which is charged on him. On the contrary, discharge means the act of releasing a person from custody, due to insufficient … [Read more...]

Under the Code of Criminal Procedure (CrPC), based on bail,  offences can be classified as - bailable offences and non-bailable offences, wherein the former implies those offences in which bail can be granted to the accused. On the other hand, the latter signifies those offences in which bail cannot be granted in general circumstances. Bail is when the accused is freed from the custody of police officers and entrusting him to the sureties, provided the accused to be produced to answer the … [Read more...]

We hear the term 'arrest' every now and then, due to the increasing crime in society. The primary difference between detention and arrest lies in the fact that whether the accused/suspected is charged with a crime or not. This is because when the person is just detained, he/she is held in police custody, based on reasonable suspicion, so as to question him/her. However, when the person is arrested, he/she is charged with a crime and needs to be presented before the court in 24 hours. In … [Read more...]