Yes the Accused has all the rights to file his Petition before the Appellate Court under Section 389 of Cr.P.C. prays the Court for Suspension of Sentence and release him on Bail till disposal of his Appeal.
The aggrieved person – be it a Victim or Accused [it never matters] – when justice was denied or process of law was abused by any Courts he can file a Petition under Section 482 of Cr.P.C. in the High Court of his State and pray to secure the ends of justice.
Provided the Accused or the Witness if not understood the Court Language then the Court must take steps to interpret its Language by appointing a Translator, who is unbiased, yet, acceptable to both; Prosecution and the Accused. Provided the Court knew the Language of the Accused or Witness the Magistrate himself can occupy a role[…..]
Though the essence of the Vakalathnama and Memo of Appearance are the same – both allows the Advocate to represent the Accused in criminal cases in the Court. But only consideration to see is when or at what stage? In circumstances like – to secure an Accused on Bail, the Advocate who represents him[…..]
Special Laws are those legislated for specific purposes like The Negotiable Instruments Act, NDPS Act, The Protection of Women from Domestic Violence Act…. are few example of Special Statutes. The purpose behind such legislation was – either to specifically address the menace by invoking stringent punishment and penalty or to curb misuse of existing penal[…..]
The Court Copies are given only to litigants who are connected to that specific case. A filled in Copy Application with details including Petitioner / Accused, Case No & Year, the required copy in how many numbers are to be filled and filed with a Court Fee stamp. Other than the litigants – the Strangers[…..]
No, the Court would not just casually acquit the Accused if he has mental disorder. The Court would conduct investigations on his mental condition and without any ambiguity upon medically confirmed that the Accused has incurable mental unsoundness it would then acquit him from the case. Otherwise, the case will be kept under abeyance till[…..]
When a Police suspects a person that he might commit a cognizable offence, then it can take such person under preventive arrest. No FIR or Warrant is required for such arrest as the Police is protected under Section 151 of Cr.P.C. Decoding Sections 149 to 152 of Code of Criminal Procedure: The Police Officer can[…..]
Be in both Police based Case or a Private Individual / Statutory Bodies instituted Case the Court issues Non-Bailable Warrant and go to extent of seizing the properties of the Accused terming him as proclaimed absconder.
Think of a situation when an Accused is an under Trial Prisoner or jailed for a fresh offence and / or convicted and jailed for previous offence, now it has come to light that he was already involved in another crime for which he was not arrested or charged or he is a Witness in[…..]