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Articles for Cognizable Offences

Lalita Kumari Guidelines Not Followed Strictly In Punjab, Complaints Kept Pending To Extort Money: HC Directs DGP To Ensure FIRs Are Lodged Without Delay
1 month, 1 week ago

Lalita Kumari Guidelines Not Followed Strictly In Punjab, Complaints Kept Pending To Extort Money: HC Directs DGP To Ensure FIRs Are Lodged Without Delay

Live Law  

Observing that in majority of the cases the police officials either hold inquiry in every complaint received or keep the complaint pending for several days, "just to extort money from the poor and innocent victims of crimes" in Punjab, the Punjab & Haryana High Court has directed the Director-General of Police to ensure FIRs are registered without delay.The Court noted …

Court Cases Dgp Registered Directed Pending Extort Money
Introduction Of BNSS: A Step Forward Or Backward
5 months, 4 weeks ago

Introduction Of BNSS: A Step Forward Or Backward

Live Law  

The three new criminal laws introduced in the 'Amritkal' of Indian democracy have sparked both, a sense of apprehension as well as preparedness in the legal community. However certain provisions like the mandatory registration of Zero FIRs, extension of period of police custody and Preliminary Enquiry before registration of FIR's may at the implementation stage fall short of the desired …

Investigation Police Custody Registration Period Fir Laws Zero
Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC
11 months, 3 weeks ago

Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC

Live Law  

The Allahabad High Court has observed that a charge sheet and the criminal proceedings against an accused cannot be quashed merely because the allegations may also disclose a civil dispute between the parties. “The mere fact that the allegations also make out existence of civil dispute would not be a ground to quash the criminal proceedings when the allegations clearly …

Dispute Court Civil Allegations Criminal Proceedings Proceedings Fir
S. 156(3) CrPC | Magistrate Has Discretion To Direct Police Investigation Into Complaint Without Passing Elaborate Orders: AP High Court
1 year ago

S. 156(3) CrPC | Magistrate Has Discretion To Direct Police Investigation Into Complaint Without Passing Elaborate Orders: AP High Court

Live Law  

In a recent case, the Andhra Pradesh High Court dismissed a quashing petition filed by an accused on the ground that the Magistrate was right in forwarding the complaint to the police as it disclosed various cognizable offences and the police can thoroughly investigate the matter. Moreover, it was argued that an order of the Magistrate under Section 156 must …

Court Sho Fir Complaint Magistrate Crpc Cognizable Offences
Delhi Police is doing its duty by asking Rahul Gandhi to give information on rape victims, here is why
1 year, 9 months ago

Delhi Police is doing its duty by asking Rahul Gandhi to give information on rape victims, here is why

Op India  

After Delhi Police sent a notice to Congress MP Rahul Gandhi seeking details of women who complained to him that they were raped, the Congress party has launched an attack on the Narendra Modi government. Following this, taking cognizance of social media posts on Rahul Gandhi’s comments, the Delhi Police sent a questionary to him and asked him to give …

Crime Women Delhi Sexual Assault Investigation Information Rape
Aurangabad cops file case against Raj Thackeray over speech; Mumbai police serve him notice
2 years, 8 months ago

Aurangabad cops file case against Raj Thackeray over speech; Mumbai police serve him notice

Firstpost  

In a Aurangabad rally on 1 May, the MNS chief had asked people to play the Hanuman Chalisa outside mosques from 4 May if loudspeakers there were not removed. Mumbai/Aurangabad: Trouble mounted for MNS president Raj Thackeray after the Aurangabad police on Tuesday registered an offence against him over his “provocative” speech on loudspeakers atop mosques two days ago, while …

Mumbai Maharashtra Shiv Sena Case Raj Thackeray Speech Notice
ED v Kerala Police : High Court Reserves Judgment In Pleas Against Crime Branch FIRs
3 years, 8 months ago

ED v Kerala Police : High Court Reserves Judgment In Pleas Against Crime Branch FIRs

Live Law  

The Kerala High Court today closed hearings of the writ petitions moved by the Enforcement Directorate challenging FIRs lodged against its officials by the Kerala Police. The last leg of the hearing on Friday, saw Senior Advocate Harin Raval for the Kerala Police conclude his submissions on the question of whether the two FIRs filed were related to each other. …

Kerala Judgment Court Criminal Procedure Fir Senior Code
Jammu & Kashmir High Court Directs FIR Over Online Loan Cheating Through Facebook
3 years, 10 months ago

Jammu & Kashmir High Court Directs FIR Over Online Loan Cheating Through Facebook

Live Law  

The Jammu and Kashmir High Court has allowed a criminal application seeking directions for registration of FIR in a case related to online fraudulent loan offer through Facebook. He submitted that the accused persons, including Facebook and Bajaj Finance, in collusion with each other made an offer of loan to him on his Facebook page, by placing the said offer …

Court Loan Order Accused Jammu Fir Offer
Police Officer Cannot Arrest/Register FIR/ Investigate In Regard To Cognizable Offences Under Chapter IV Of Drugs & Cosmetics Act: SC [Read Judgment]
4 years, 4 months ago

Police Officer Cannot Arrest/Register FIR/ Investigate In Regard To Cognizable Offences Under Chapter IV Of Drugs & Cosmetics Act: SC [Read Judgment]

Live Law  

The Supreme Court, in a judgment delivered on Friday, has held that, the Police Officers cannot register FIR, arrest, prosecute or investigate in regard to Cognizable offence under Chapter IV of the Drugs and Cosmetics Act, 1940.The bench of Justices Sanjay Kishan Kaul and KM Joseph held that an arrest can be made by the Drugs Inspector in regard to …

Drugs Power Fir Officer Act Arrest Police Officers
[Criminal Trial] From "Taking Cognizance" To "Framing Of Charge"By Justice V Ramkumar [76 Questions And Answers][Video]
4 years, 5 months ago

[Criminal Trial] From "Taking Cognizance" To "Framing Of Charge"By Justice V Ramkumar [76 Questions And Answers][Video]

Live Law  

INTRODUCTION The curial act of "taking cognizance of an offence" has baffled the Bench and the Bar alike mainly due to the fact that the Code of Criminal Procedure, 1973 has not chosen to define the said expression although we find the said expression used in various provisions in the Cr.P.C. We have come across loose expressions such as "the …

India Karnataka Justice Kerala Delhi High Court Bihar
The Distinction Between "Cognizable Offence" And "The Curial Act Of Taking Cognizance Of An Offence"
4 years, 8 months ago

The Distinction Between "Cognizable Offence" And "The Curial Act Of Taking Cognizance Of An Offence"

Live Law  

INTRODUCTION I retired from the High Court of Kerala in the year 2012. When once the S.H.O registers an FIR, the offence being a "cognizable offence", the S.H.O has the authority under Section 156 Cr.P.C to conduct investigation of such offence without the order of a Magistrate. In the case of a "non-cognizable offence", apart from the fact that a …

India Kerala High Court Judges Court Case Criminal Conspiracy