Summon is a legal notice, issued both in case of civil and criminal proceeding, in which a court orders an individual either to appear or to produce a document before the court, at a stipulated time and place. On the other extreme, a warrant is described as a legal document issued by a judge or magistrate, which empowers a police officer to make an arrest, search or seize premises or undertake any action, concerning the administration of justice. In short, the two legal documents serve the … [Read more...]

On the happening of an incidence, prohibited or punishable by law, such as a civil disagreement between parties to the dispute or criminal activity, the case goes to trial in the law court. The Criminal Code Procedure lists out the rules for arresting, investing and trial of criminal before the courts. In a court trial, the parties to the dispute come together, to present the facts and evidence before the court of law. As per criminal law, all the offences need to be investigated, inquired … [Read more...]

The judiciary wing of the constitution performs a range of functions like dispute resolution, judicial review, enforcing fundamental rights and upholding law. It regulates the common law system of the country. In India, there are various levels of the judiciary which include the Supreme Court, the High Courts and the subordinate courts. The subordinate courts include district courts and tribunals. The first and foremost difference between court and tribunal is that tribunals are subordinate to … [Read more...]

Judiciary is the organ of the constitution that tends to protect the interest of the citizens. It is the final authority that interprets legal cases and constitutional arrangements. It plays an important role in the enforcement of law and adjudicating upon disputes between citizens, states and other parties. The courts maintain the rule of law in the nation to safeguard the rights. The judges head Courts, i.e. Supreme Court, High Court and other subordinate courts. Judges are not exactly same … [Read more...]

Offence implies an illegal act or a crime. In finer terms, offence entails any act, which is punishable in nature and against which a complaint is registered, with the appropriate authority, i.e. police or magistrate. The offence can be classified as a cognizable offence and non-cognizable offence, wherein the cognizable offence means the one in which the police can arrest the accused without a warrant. On the other hand, the non-cognizable offence can be described as the offence in which the … [Read more...]

In criminal law, FIR or otherwise called as first information report is the report of information that the police receives first in point of time, regarding the commission of the cognizable offence. The term cognizable offence refers to the crime in which the police has the right to arrest the accused without any warrant and can start an investigation. However, in case of a non-cognizable offence wherein, the police neither have the right to arrest any person without a warrant, nor … [Read more...]

The term probation and parole are the two alternatives to the incarceration, wherein the conduct of the offender is supervised according to the law. Probation can be understood as a penalty imposed by the court in which the criminal offender is not detained but allowed to remain in the community, on the promise of good behaviour, subject to the supervision of the probation officer. In contrast, parole, or otherwise called as supervised release, is one in which the inmate is released from the … [Read more...]

On the event of arrest and imprisonment of an accused of a criminal offence, the accused must be presented before the judge who gives his/her verdict concerning the accused's bail order. The term bail can be described as a provisional release of the accused charged with a crime awaiting trial, by the deposit of security. As against, the bond refers to the type of agreement in which a third party, i.e. bond agent or bondsman enter into an agreement, to be responsible for the debt and … [Read more...]

According to Indian Evidence Act, 1872, Hearsay rule states that what is clearly expressed about the fact under discussion, is irrelevant. Admission and Confession are two exceptions to this rule that are commonly juxtaposed. In general sense, admission means admitting of any fact as true. It suggests conclusion on the liability of the person who makes the statement. On the other extreme, confession implies a statement, which outrightly admits the suit. A confession is made by the person … [Read more...]

Indian Penal Code is the law that states the punishable offences in India, along with their punishments or penalty or both. As opposed, Criminal Procedure Code pertains to the law that describes the overall procedure which is to be followed while undertaking a criminal case. Nowadays, everywhere in the newspapers, news channels and other social media platforms, like facebook, twitter, etc. we come to know about the criminal activities that take place in our area or country such as rapes, … [Read more...]