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CAN AN IMPOTENT PERSON COMMIT RAPE ?


A person who is impotent can not be presumed to commit rape.  It may be a defence of peson.  However, the prosecution will have to prove that person was not impotent at the point of time alleged rape has taken place.

CYBER CRIME – BANKING SECTOR


HSBC case is an eye opener 

The recent HSBC case has once again highlighted the various loopholes and drawbacks in the existing system impacting the outsourcing sector. Time and again, various cases have been happening like the Karan Bahree and the Mphasis incidents that have demonstrated the utter inadequacy of existing cyberlaws to deal with data theft-related cases. A perusal of the entire scheme of the Information Technology Act, 2000 clearly shows that the IT Act is not a data protection law. It is merely an e-commerce enabling law, which also addresses a couple of other issues.

When Court may alter charges ?


Section 216 in The Code Of Criminal Procedure, 1973

216. Court may alter charge.

(1) Any Court may alter or add to any charge at any time before judgment is pronounced.
(2) Every such alteration or addition shall be read and explained to the accused.
(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.
(4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.
(5) If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.

LIVE IN RELATIONSHIP – WHETHER ANY LEGALLY ENFORCEABLE RIGHT EXISTS THERE


Dear friends one of my frnd have question…

AGAR EK LADKA EK LADKI DONO MUTUALLY HUSBAND WIFE MANTE HO.

ladki sms me bhi ladke ko apna husband accept kar liya ho.

unke bich physical relation bhi rahe ho.

aur mandir me shadi kar liya.

Par baad me family force se badal jati ho to kya ladka court me writ kar sakta ha?

ANTICIPATORY BAIL


Criminal Procedure Code – Section 438

Presumption of innocence of an accused until he is found guilty is well settled legal proposition.

AIR 2011 SC 312

Bail – anticipatory bail


 In serious matter of allegations of cheating and forgery, Supreme Court allowed 3rd application for bail as the allegations were purely of civil nature.  Personal liberty of an individual is also to be kept in mind.

AIR 2011 SC 312 – Siddharam Satlingappa Mhetre Vs State of Maharashtra