Kopal Legal Consultants And Mediators (KALAM)

Sunil Batra v. Delhi Administration, AIR 1978 SC 1675 is a landmark case in Indian constitutional law that deals with the rights of prisoners. The case is significant because it expanded the interpretation of fundamental rights under the Indian Constitution, particularly concerning the treatment of prisoners and their basic human rights. Case Summary: Facts: Sunil Batra, a prisoner in Tihar Jail, challenged the conditions of his imprisonment. He argued that the conditions, particularly the solitary confinement and ill-treatment, violated his fundamental rights under the Indian Constitution. Issues: Whether the conditions of imprisonment and solitary confinement violate the fundamental rights of prisoners. Whether the prisoners are entitled to protection against inhumane and degrading treatment. Judgment: The Supreme Court, in its judgment, emphasized that prisoners do not lose their fundamental rights upon incarceration. The court held that while prisoners may be deprived of persona...

Under the Criminal Procedure Code (CrPC) of India, offences are categorized into compoundable and non-compoundable offences, which have different implications for the legal process. Compoundable Offences Definition : Compoundable offences are those where the complainant and the accused can reach a settlement or compromise. The complainant has the option to withdraw the case or settle the matter, leading to the dismissal of the case. Procedure : The parties involved (the complainant and the accused) can mutually agree to settle the matter, and the settlement is usually endorsed by the court. The court may then dismiss the case based on this agreement. Examples : Some common examples of compoundable offences include minor thefts, assault, and certain types of cheating. Keywords in Hindi : सुलह (Settlement) , समझौता (Compromise) , अपराधी (Accused) , वादी (Complainant) Non-Compoundable Offences Definition : Non-compoundable offences are those where the complainant cannot withdraw the case ...

  Proclamation and Attachment (Section 82-86 CrPC) Section 82: Proclamation for Person Absconding Proclamation (घोषणा) can be issued by a Magistrate if a person, against whom a warrant has been issued, absconds or refuses to comply with the warrant. The proclamation must be published in the local area and can be done through public notice or by affixing it at prominent places. Section 83: Attachment of Property of Person Absconding If the proclaimed person does not appear, the Magistrate can order the attachment (जप्ती) of their property. This attachment ensures that the person’s assets are secured and may be sold to satisfy the court's demands if needed. Section 84: Power to Sell Attached Property The attached property can be sold under the court’s direction. Proceeds from the sale are used to satisfy any liabilities or costs ordered by the court. Section 85: Claims and Objections to Attachment Any person claiming interest in the attached property can file a claim before the co...

Difference Between Bailable and Non-Bailable Offenses under CrPC In the Indian legal system, offenses are classified as bailable or non-bailable based on their nature and the seriousness of the crime. The distinction between these types of offenses is important for determining the rights of the accused and the conditions of their release. Bailable Offenses Definition : Bailable offenses are less severe and typically involve lesser punishments. They are usually prescribed under various sections of the Indian Penal Code (IPC) and other laws. Bail Eligibility : The accused in a bailable offense has the right to be released on bail as a matter of right. The police or the court must grant bail if the accused fulfills the conditions set by the law. Conditions : The bail is usually granted without stringent conditions, and the accused may be required to provide a bond or surety. Examples : Offenses such as minor theft, some types of assault, and public nuisance are generally classified as bai...

 Under the Code of Criminal Procedure (CrPC) in India, both summons and warrants are legal instruments used by courts to compel individuals to attend court or to execute specific actions. Here's a breakdown of their differences: Summons Definition : A summons is a legal document issued by a court to a person, directing them to appear before the court on a specified date. Purpose : It is primarily used to notify an individual about their involvement in a legal proceeding and to ensure their appearance in court. Issuance : Summons can be issued in various types of cases, including civil and criminal matters. For criminal cases, it is typically issued to a person who is a witness or a party involved in the case. Nature : Summons is generally used for cases where the person is not considered to be in immediate danger of absconding or evading the law. Procedure : The individual must respond to the summons and appear in court as directed. Failure to comply can result in further legal act...

 In the context of the Indian Criminal Procedure Code (CrPC), cognizable and non-cognizable offenses are distinguished primarily by the nature of police authority and the procedural steps involved. Here’s a brief overview of the differences: Cognizable Offenses Definition : Cognizable offenses are those for which a police officer has the authority to arrest without a warrant and start an investigation without the permission of a magistrate. Examples : Serious crimes such as murder, rape, robbery, and kidnapping. Police Authority : Police can arrest the accused, conduct searches, and investigate the crime without the prior approval of a magistrate. Investigation : Investigation can commence immediately by the police, and the police have greater powers in handling these cases. Magistrate Involvement : After the investigation, the police must present a report (charge sheet) to the magistrate who then takes further legal action. Non-Cognizable Offenses Definition : Non-cognizable offen...

  Arrest of Persons under Sections 41 to 60 of the Criminal Procedure Code (CrPC), 1973 governs the procedures, powers, and conditions under which individuals can be arrested by law enforcement authorities. These sections outline the rights of the arrested person and the responsibilities of the police. Section 41: When Police May Arrest Without Warrant This section empowers police officers to arrest a person without a warrant under specific circumstances: Cognizable Offences : If a person commits a cognizable offence (a serious crime like murder, theft, etc.). Possession of Stolen Property : If the person possesses stolen property and the police have reasonable suspicion. Obstructing a Police Officer : If a person obstructs a police officer in the execution of their duty. Declared Offender : If the person has been declared an offender under any law. Apprehension to Commit Offence : If the police officer believes that the person is about to commit a cognizable offence. The officer ...

  Section 36: Powers of Superior Officers of Police under the Criminal Procedure Code (CrPC), 1973, grants superior police officers the authority to exercise the same powers as those of an officer in charge of a police station. Key Provisions of Section 36: Superior Officers Defined : The term "superior officers" refers to officers who are above the rank of the officer in charge of a police station. This typically includes ranks like: Superintendent of Police (SP) (पुलिस अधीक्षक) Deputy Superintendent of Police (DSP) (उप पुलिस अधीक्षक) Assistant Superintendent of Police (ASP) (सहायक पुलिस अधीक्षक) Other senior officers in the police hierarchy. Power to Exercise Functions : Superior officers are empowered to perform any function or exercise any power that is conferred on an officer in charge of a police station under the CrPC. This includes powers related to: Investigations : Initiating and conducting investigations (ध्यानपूर्वक जांच करना). Arrests : Carrying out arrests w...

The powers of courts under the Criminal Procedure Code (CrPC), 1973, as detailed in Sections 26 to 35 , outline the jurisdictional authority, trial procedures, and sentencing capabilities of various courts in India. Below is a breakdown of these sections: Section 26: Courts by which offences are triable This section specifies which courts are competent to try different types of offences: Offences under the Indian Penal Code (IPC) may be tried by: High Courts Courts of Session Any other court specified in the First Schedule of the CrPC. Offences under any other law may be tried by: Any court specifically empowered by that law, or Any other court as provided in the CrPC. Section 27: Jurisdiction in the case of juveniles (अपराधी किशोरों के मामलों में अधिकारिता) This section deals with offences committed by juveniles. If the accused is under the age of 16 at the time of committing the offence, they can only be tried by a Juvenile Justice Board (as per the Juvenile Justice Act) and not b...

The Constitution of Criminal Courts and Offices (Sections 6-25) under the Criminal Procedure Code (CrPC) of 1973 outlines the structure and jurisdiction of criminal courts and various offices in India. Here's a breakdown of the relevant sections: Section 6: Classes of Criminal Courts (आपराधिक न्यायालयों की श्रेणियाँ) This section classifies the criminal courts in India into four categories: Court of Session (सत्र न्यायालय) Judicial Magistrates of the First Class and, in any metropolitan area, Metropolitan Magistrates (प्रथम श्रेणी के न्यायिक मजिस्ट्रेट और किसी भी महानगरीय क्षेत्र में महानगरीय मजिस्ट्रेट) Judicial Magistrates of the Second Class (द्वितीय श्रेणी के न्यायिक मजिस्ट्रेट) Executive Magistrates (कार्यकारी मजिस्ट्रेट) Section 7: Territorial Divisions (भौगोलिक विभाजन) Defines the territorial jurisdiction of the criminal courts: Sessions Divisions and Districts (सत्र प्रभाग और जिले) Metropolitan Areas (महानगरीय क्षेत्र) Section 8: Metropolitan Areas (महानगरीय क्षेत्र) Provi...

Historical Development of Comparative Law Comparative law involves the study and comparison of the laws of different countries. It is a method of legal study that compares legal systems or elements across various jurisdictions. The historical development of comparative law can be traced through different phases: Ancient Period : The roots of comparative law can be found in ancient civilizations where legal traditions were influenced by interactions with other cultures. For example, Roman law, one of the most influential legal systems, was influenced by the laws of other cultures like the Greeks. Middle Ages : During the medieval period, scholars such as the Italian jurist Bartolus of Sassoferrato (1313–1357) compared the laws of different regions within Europe. Islamic law also saw comparative developments through the works of scholars who compared various schools of Islamic jurisprudence. Modern Era : Comparative law as a distinct field of study began to develop in the 19th century. ...

Introduction: Comparative law is the study of different legal systems, their differences, and similarities. It involves comparing laws of different countries, legal traditions, and cultures. This discipline aims to understand how various legal systems address similar issues and how legal principles are applied across different jurisdictions. Nature of Comparative Law: Interdisciplinary Approach: Comparative law often intersects with history, sociology, political science, and economics to gain insights into how laws function in various societies. Dynamic and Evolving: It adapts to changes in global legal landscapes, reflecting shifts in economic, political, and social factors. Instrument of Legal Reform: By comparing different legal systems, lawmakers can identify best practices and adopt reforms that suit their own legal systems. Tool for Harmonization: Comparative law promotes the unification or harmonization of laws, especially in areas such as trade, human rights, and internatio...

Introduction: In jurisprudence, the concepts of property, obligation, and liability are fundamental to understanding the structure of legal relationships. These concepts form the bedrock of private law, especially in areas like contract law, tort law, and property law.  These concepts help define the rights, duties, and responsibilities that arise from ownership, contractual agreements, and wrongful acts. 1. Property Definition and Nature: Property in legal terms refers to any asset, tangible or intangible, that is owned by a person or entity.  It can be tangible (physical  like land or goods) ) or intangible (non-physical, like  rights-  intellectual property).  The concept of property is not just about ownership but also about the legal rights associated with ownership, such as the right to use, transfer, or exclude others from using the property. Types of Property: Movable and Immovable Property: Movable property refers to assets that can be transferred...

Introduction: Legal personality refers to the ability of an entity, whether an individual or an organization, to have rights and obligations under the law. It allows the entity to enter into contracts, sue, and be sued in its own name. This concept is essential in the legal system as it defines who or what can be a party to legal proceedings and have rights and responsibilities. Concept of Legal Personality: A legal person is an entity that the law recognizes as having its own identity, separate from the individuals who comprise it. Legal personalities are of two types: Natural Persons : These are human beings who possess rights and duties under the law from birth until death. Artificial or Juristic Persons : These are entities other than human beings, such as corporations, government bodies, and institutions, that the law treats as having legal personality. Nature of Legal Personality: The nature of legal personality lies in the recognition by law of an entity as capable of holding ri...