Home Speak to a lawyer Meet a lawyer Flat fee services About Blog Careers Contact Us Terms & Conditions Privacy Policy Legal Topics
It\'s ME
Blog
Recent Post

Get Legato App on your mobile.

Warrant and its Types
  • By: admin
  • Date: 20 Sep 2019
  • Criminal
  • Comments:
  • Views:150
  • Likes:

What is a Warrant?

It is a written order issued by a judicial officer or other authorized person commanding a law enforcement officer to perform some incident or act to the administration of justice. Warrants are recognized differently as per the variety of purposes in the law. The person who ignores the appearance in court is also brought by issuing the Warrant. Mostly, police use warrants as the basis to arrest a suspect and to conduct a search of property for evidence of a crime.

Types of Warrants in India

There are three main types of criminal warrants;
 
Arrest Warrant: An arrest warrant is a warrant issued on behalf of the state by a magistrate or judge, which authorises the arrest and detention of an individual, or the search and seizure of an individual's property. Arrest Warrant includes a bailable arrest warrant and a non- bailable arrest warrant.

  1. Bailable Arrest Warrant -  Warrant to be executed by a policeman, but after the execution, the person arrested can be released by providing a bail which can be bond or cash as per the warrant.
  2. Non Bailable warrant - Warrant, where arresting or executing police officer, cannot do anything but remand the accused to police station and produce the accused before a magistrate who issued the warrant who will then either recall the warrant with fine or send the accused to judicial custody and order the accused to go to court and apply for regular bail.

 Essentials of Arrest Warrant:
  1. The Warrant must mention the name and other particulars of the person to be arrested.
  2. Every Arrest Warrant shall be in writing, as per section 70(1).
  3. It is to be signed by the presiding officer of the court and must have the seal of the court.
  4. It must show the person whom the authority to arrest has been given.
  5. A magistrate may direct a warrant to any person within his jurisdiction for the arrest of any person accused of a non- bailable offence and is evading his arrest. If a person who is arrested under the warrant executes a bond and gives the security for the attendance in court, he shall be released at the discretion of the court.

Bench Warrant: The arrest warrant that is ordered by a judge against the defendant in a criminal case or any similar proceedings is known as a bench warrant. A bench warrant is issued when one fails to appear before the court. The term "bench" is derived from the traditional meaning for the judge's seat.

In severe criminal cases, a failure to appear will most likely lead to a "regular" arrest warrant, which would drive immediate attempts to locate and detain the defendant or an accused. A bench warrant does not mean that the police will be at the door of the defendant the next morning. However, the name of the defendant will be circulated into a statewide computer system that usually serves the entire law enforcement centre. Once the name comes in the database, and an individual has to deal with the police for any reason – even from an incident that was not his fault, such as someone hitting the car from behind – individual will be taken into custody for the outstanding bench warrant.

Difference between Bench Warrant and Arrest Warrant

Arrest Warrant: Generally, the police are supposed to obtain an arrest warrant, issued by a judge based on probable cause, before taking an individual into custody. There are, however, exceptions to this general rule that allows police to conduct warrantless arrests.

Bench Warrant: A judge issues a bench warrant when an individual fails to appear in court. It is not at the request of the police. It is based on the court's jurisdiction over individuals to require their appearance in court.

Search Warrant: It is an order issued by magistrate or judge to authorize law officers to search for a person, his vehicle or location, to get evidence for a crime and to seize any evidence if found. In some countries, a search warrant cannot be issued in the civil proceedings.

Read More

Warrant and its Types

By: admin Criminal 20 Sep 2019

What is a Warrant?

It is a written order issued by a judicial officer or other authorized person commanding a law enforcement officer to perform some incident or act to the administration of justice. Warrants are recognized differently as per the variety of purposes in the law. The person who ignores the appearance in court is also brought by issuing the Warrant. Mostly, police use warrants as the basis to arrest a suspect and to conduct a search of property for evidence of a crime.

Types of Warrants in India

There are three main types of criminal warrants;
 
Arrest Warrant: An arrest warrant is a warrant issued on behalf of the state by a magistrate or judge, which authorises the arrest and detention of an individual, or the search and seizure of an individual's property. Arrest Warrant includes a bailable arrest warrant and a non- bailable arrest warrant.

  1. Bailable Arrest Warrant -  Warrant to be executed by a policeman, but after the execution, the person arrested can be released by providing a bail which can be bond or cash as per the warrant.
  2. Non Bailable warrant - Warrant, where arresting or executing police officer, cannot do anything but remand the accused to police station and produce the accused before a magistrate who issued the warrant who will then either recall the warrant with fine or send the accused to judicial custody and order the accused to go to court and apply for regular bail.

 Essentials of Arrest Warrant:
  1. The Warrant must mention the name and other particulars of the person to be arrested.
  2. Every Arrest Warrant shall be in writing, as per section 70(1).
  3. It is to be signed by the presiding officer of the court and must have the seal of the court.
  4. It must show the person whom the authority to arrest has been given.
  5. A magistrate may direct a warrant to any person within his jurisdiction for the arrest of any person accused of a non- bailable offence and is evading his arrest. If a person who is arrested under the warrant executes a bond and gives the security for the attendance in court, he shall be released at the discretion of the court.

Bench Warrant: The arrest warrant that is ordered by a judge against the defendant in a criminal case or any similar proceedings is known as a bench warrant. A bench warrant is issued when one fails to appear before the court. The term "bench" is derived from the traditional meaning for the judge's seat.

In severe criminal cases, a failure to appear will most likely lead to a "regular" arrest warrant, which would drive immediate attempts to locate and detain the defendant or an accused. A bench warrant does not mean that the police will be at the door of the defendant the next morning. However, the name of the defendant will be circulated into a statewide computer system that usually serves the entire law enforcement centre. Once the name comes in the database, and an individual has to deal with the police for any reason – even from an incident that was not his fault, such as someone hitting the car from behind – individual will be taken into custody for the outstanding bench warrant.

Difference between Bench Warrant and Arrest Warrant

Arrest Warrant: Generally, the police are supposed to obtain an arrest warrant, issued by a judge based on probable cause, before taking an individual into custody. There are, however, exceptions to this general rule that allows police to conduct warrantless arrests.

Bench Warrant: A judge issues a bench warrant when an individual fails to appear in court. It is not at the request of the police. It is based on the court's jurisdiction over individuals to require their appearance in court.

Search Warrant: It is an order issued by magistrate or judge to authorize law officers to search for a person, his vehicle or location, to get evidence for a crime and to seize any evidence if found. In some countries, a search warrant cannot be issued in the civil proceedings.

Read More
Comments:
Views: 150
Likes:

Need to amend CrPC and IPC to increase the conviction rate.

By: admin Criminal 29 Aug 2019

Indian Criminal system has a serious backlog on pending investigations and trials. This shows that the crises are becoming more severe with each passing year. The conviction rate in criminal cases is pitiful as stated by the Union Home Minister Amit Shah while addressing the 49th Raising Day Event of the Bureau of Police Research and Development (BPRD). The level of success depends upon the level of evidence required for conviction. He addressed the age-old police techniques like ministering third degree, and the typical process of phone tapping will not help yield the desired results to curb the crime rate.
 
Suggestion for the Bureau of Police Research and Development

The Union Home Minister has suggested the following steps to improve the rate of conviction substantially:

  1. He indicated that the rate of conviction could be corrected when supported by forensic evidence.
  2. Shah suggested BPRD prepare a blueprint for the creation of modus operandi bureaus at the state and national level.
  3. Bureau will study the technique of crime and the mentality of criminal, and this will help to reduce criminal activities.
  4. They will prepare and suggest better working policies and technology solutions for the police forces
 
Forensic Science Laboratories (FSL):

FSLs are government laboratories equipped and charged to deal in the scientific examination of circumstantial evidence such as examination of poisons, blood, and physical.FSL reports are the reports suggested by the government laboratories in almost all criminal cases. The FSL report given to the court is the final phase in Conviction.

Usage of improvised FSL for increasing the conviction rate:

The use of forensic evidence is the need of the hour for police investigators to clinch convictions against criminals.
The government is revolving to make forensic evidence compulsory in all criminal cases where the quantum of punishment is seven years or more. The usage of FSL should be encouraged and made compulsory under law.
 
Consequences of improvising tools for Forensic evidence:

The Union Home Minister suggests that if charge sheet is supported by forensic evidence, then there will be no more options before the judge and the defence lawyers.  He added that automatically the conviction rate would be improvised. 
Police and national forensic science university will be created at the national level along with college affiliates for students who are willing to pursue a career in police or CAPFs. The ambit of forensic based investigations will be widened. 
 
Upcoming reformations:

As there are no changes in CrPC and IPC for a long time, the suggestions and recommendations of the BPRD will initiate a process for effective changes in CrPC and IPC the primary laws governing the criminal offences in India.

Read More
Comments:
Views: 125
Likes:

Intervention of SC in the Unnao Rape Case

By: admin Criminal 02 Aug 2019

This case is about the Unnao rape case survivor, who has been fighting her battle since 17th June 2017.  The horrific rape of a 17-year-old was allegedly orchestrated by a Bhartiya Janta Party (BJP) MLA - Kuldeep Singh Sengar. 

The facts of the case are as follows:

  1. The victim was gang-raped by the BJP leader and his acquaintances on 17th June 2017, when she went to his house on the promise that they will help her to get a job.
  2. When the girl did not return home, the family of the girl filed a missing complaint.
  3. She was found on 20th June 2017 where a case was registered for ‘kidnapping’ and ’kidnapping a woman to compel her for marriage’ under the appropriate provisions of the IPC. However, the registered case did not mention the name of the accused MLA. Allegedly, the accused and her family were thrown out of the police station when they named the accused.
  4. The local police were highly influenced by the Sengar family and hence despite several attempts made by the victim to get her case registered against the accused. For this purpose, she repeatedly wrote letters to the chief minister and the senior police officers of the state.
  5. The victim’s mother finally approached the Chief Judicial Magistrate to lodge an FIR against the MLA. In showcasing proof of the poor judicial system of our country, the victim and her family started receiving death threats instead of availing protection.
  6. Meanwhile, the victim’s father was seriously beaten up by the MLA’s brother. However, on 4th April 2018, he was the one who was arrested and not the brother of the MLA.
  7. Amidst all of this, the victim threatened to kill herself in front of Yogi Adityanath’s residence in Lucknow as she was trying to file a complaint since a year but had no assistance from the local police and leaders.
  8. On 9th April 2018, the victim’s father dies in police custody due to multiple injuries. 
  9. Finally, the MLA’s brother is arrested for thrashing the victim’s father.
  10. After several attempts, Adityanath’s government woke up from their slumber and ordered an investigation into the rape case and her father’s custodial death. Consequently, a case is registered against the MLA.
  11. The Uttar Pradesh government transfers the investigation to the CBI, on questioning the local police as to why the MLA was not arrested; the State’s police chief questioned back that why should the MLA be arrested if his name is now mentioned in the FIR.
  12. After a year-long battle, the CBI arrests the MLA along with Shashi Singh, the woman who allegedly took the victim to the MLA and stood guard outside the door as he raped her.
  13. In a bizarre turn of events, the residents of Unnao carried out a rally in support of the MLA, stating that this was all a part of a political conspiracy.
  14. CBI filed a charge sheet against the MLA and 9 other accused, and an investigation was held in the murder of the key witness in the victim’s father’s murder. 
  15. The family of the victim is continuously harassed by the accused. On 4th July 2019, the survivor’s uncle is sentenced to ten years in jail for a two-decade-old attempt to murder case filed by the MLA’s brother.
  16. On 28th July 2019, The survivor’s car is hit by a truck whose registration plate is scrubbed out. The woman’s two aunts succumb to their injuries. She and her lawyer, Mahendra Singh, are in a critical condition.
  17. Finally, the plea of the victim is heard by the CJI, and the Supreme Court transferred the trial of this case along with the above accident case to Delhi, from the CBI court in Lucknow. 
  18. The Supreme Court ordered the lower court to complete the hearing in 45 days from the date of submission and to hold a day-to-day hearing considering the urgency of the matter.
  19. Court ordered an interim compensation of Rs 25 lakh to the rape victim, who is battling for her life.

Read More
Comments:
Views: 217
Likes:

Prison Reforms in India

By: admin Criminal 30 Jul 2019

The institution where a person convicted of criminal offence is detained by punishment is known as prison.  Prison and Asylums Reform are the institutions who attempt to develop the prison conditions, establish a more effective penal system, or implement alternatives to restraint.  Prisoners' daily movements and their compliance with routines are strictly enforced. The purpose of restrictions on inmate freedom within the institution is said to be the maintenance of security. Prisons are used as the primary punishment for criminal acts in the last few centuries. The State Government usually takes part in the modernization of the prison. The Ministry of Home Affairs also enlarges their hand to support the States in implementing the project of E- prisons project that intends to introduce efficiency in prison management through digitization.

The E-prisons project helps the Prisoner Information Management system (PIMS), which is developed by National Informatics Centre, to give a centralized approach for managing the prisoner information and generating records by maintaining the reports. The PIMS keep the record of necessary details of prisoner, his family details, biometrics, photographs, case history, medical information, etc.  The availability of these details on an electronic platform is useful to track the status of prisoners and for the smooth functioning of the prison system. In order to examine the conditions of prisons and prisoners in the country, the government constitutes several panels and the committees.

Reasons for promoting Prison reforms:

  1. The punishment of life imprisonment deprives the right of liberty of that person. 
  2. Imprisonment or detention affects the prisoner and his family. 
  3. When the prisoner is the sole breadwinner, the whole family bears the financial loss.
  4. Some prisoners have serious health implications as they suffer from various diseases after entering prison.
  5. All the prisons are overcrowded.

Major issues of Prisons:

The share of the prisoners who are awaiting trails is constantly increasing due to the pendency of cases, which leads to overcrowding, whereas it is seen that crowding leads to unsatisfactory living conditions. Prisoners are subjected to inhuman physical and psychological torture, sexual abuse, extortion by prison staff, custodial deaths due to extreme pain.

Measures initiated by Government

1. Modernization of prisons Scheme: The scheme for modernization of prisons was launched to improve the conditions of the detention. It includes the construction of new jails, repair, and renovation of jails, improvement in sanitation and water supply, etc.

2. National Legal Services Authority: They have launched a web application recently to facilitate the under trial prisoners with free legal services. The objective of the above application is to make the legal services system more transparent and useful.   

3. Draft National Policy for Prison Reforms: It includes an amendment in the constitution to incorporate principles of prison management along with the enactment of uniform and comprehensive law on matters relating to prisons.
 
Measures to be initiated by the Government:

  1.  The government should enact the comprehensive and uniform law on prison reforms. 
  2.  A Department of Correctional Services and prisons.
  3. The state shall provide community service, forfeiture of property, payment of compensation to victims, as an alternative to prisons.
  4. The living condition shall be improved in every prison and allied institution. 
  5. The issue of overcrowded jails requires immediate attention. Every possible effort shall be made to improve the conditions of prison that includes better sanitation and hygiene, adequate food and clothing.
  6. Appropriate rehabilitation and Correctional treatment shall be made to reform offenders. 
  7. Initiatives shall be taken to grant vocational training to prisoners and ensure rehabilitation and social formation after release.
  8. The government must take the initiative to improve the conditions of under-trial prisoners, which can be achieved by speeding of the trial procedure, simplification of the bail procedure, and providing effective legal aid.
  9. It is also essential to address the issue of inadequate prison management by recruiting more prison staff, imparting proper training and undertaking modernization of prisons.
  10. Issues related to custodial violence and sexual abuse should be dealt with effective monitoring and severe punishments of those involved in such violence.
  11. The concept of a correctional facility such as an open prison should be encouraged

Read More
Comments:
Views: 155
Likes:

Adultery Law In India

By: admin Criminal 24 Apr 2019

In India, adultery is not a crime anymore, though it can be a ground for divorce. The Supreme Court said that a 158-year law that punishes a man for an affair but not the woman, treating her as her husband's property. "It's time to say the husband is not the master of the woman," said a five-judge constitution bench, unanimously sticking up for gender justice and calling out the Victorian adultery law as arbitrary.


Section 497 of the IPC was a section dealing with adultery. The law observed that a woman could is not punishable for the offence of adultery. Only a man who commits consensual sexual intercourse with the wife of the other man without the consent of her husband is punishable under this offence in India. If an individual "lives in adultery", the partner can file for divorce. The Supreme Court of India defended the law on 27 September 2018. The SC acknowledged the law as unconstitutional because it "treats a husband as the master of his wife". 


Section 497 says that:-

Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the crime of adultery.


Moreover, he shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such a case, the wife shall [not] be punishable as an abettor.


On 27th September, a five-judge bench of the Supreme Court struck down Section 497 of the Indian Penal Code (IPC) and decriminalized adultery in India (it remains a "civil offence", as it can be a ground for divorce. The judgment is significant not because it got rid of a patriarchal law, but also because of its consequences that may arise in future.


All five Supreme Court judges hearing the case said the law was archaic, arbitrary and unconstitutional.


Chief Justice Misra said that "Husband is not the master of a wife. Women should be treated with equality along with men,".


Judge Rohinton Nariman said that "ancient notions of a man being perpetrator and woman being a victim no longer hold good".


Justice DY Chandrachud said the law "perpetuates the subordinate status of women, denies dignity, sexual autonomy, is based on gender stereotypes". He further said the law sought to "control sexuality of woman (and) hits the autonomy and dignity of a woman".


The judgment of the Supreme Court is essential, however, for the further indications it may have. All the judges were very clear that a woman has the right to bodily integrity, choice and personal liberty not just against the State, but also within the context of home and the family. It gives a call to a question that a number of our laws has actively denied these rights. The decriminalization of adultery may have a current effect that goes beyond its immediate context and serves as a springboard for greater freedom, equality, and independence within what is commonly understood to be the private sphere.



Read More
Comments:
Views: 100
Likes: