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...]

In the simplest sense, deviance implies the 'rule-breaking' behaviour, especially the one which deviates from a socially or culturally accepted norm. Deviance is commonly juxtaposed with a crime, which is nothing but a public wrong. Crime implies an illegal which is worthy of societal condemnation and punishment, because it not just harmful to an individual, but the public at large. There are various types of crimes such as - personal crimes, property crimes, victimless crimes, whitecollar … [Read more...]

In horizontal power-sharing, no organ has unlimited or absolute powers, whereas, in the case of vertical power-sharing, the power of the central government is the highest and local government is lowest. Democracy is based on the notion that - the source of all political power is people, i.e. citizens of the country. An ideal democracy is one where due respect is given to all the groups and views which are prevalent in society. And that is why it is believed that political power should be … [Read more...]

In criminal law, 'intention' absorbs a significant place. With regard to the supreme form of the mental element, it is applicable to heinous crimes. The Indian Penal Code does not define the word 'Intention', however, section 34 is concerned with 'common intention'. In common intention, there must be a prior meeting of mind and unity, as well as there is an obvious act must be performed in the progression of the common intention of all. On the other hand, the common object may be developed … [Read more...]

Fine is referred to as a sum of money ordered by the court to pay for an offence, after the complete prosecution in a matter. On the other hand, penalties do not involve court proceedings and they are imposed when a person does not comply with the provision of a specified act. Punishment is a term mainly used in the socio-legal context, as it derives its goals from sociological outlook, and at the same time, it obtains its understanding and enforceability through a legal structure. There are … [Read more...]

"Law" implies the system of rules and regulations, which are based on different principles of justice, fairness and equality, so as to govern human activities. In law, Decree implies the legal and formal order, which specifies the rights and obligations of the parties concerned. On the other hand, the judgement refers to the decision taken by the judge, on the premise of order or decree. As we know that thousands of cases are dealt in courts daily, on which judgement is pronounced, after … [Read more...]