What Do You Mean By Judgement

Image
Meaning of Judgement : Judgement means the observation and decision of court of law in respect of a particular case after conclusion of a trial. Content of Judgement : Every Judgement - Shall be written in the language of the court. Shall contain the point or points for determination, the decision there on and the reason for the decision. Shall specify the offence of which and section of The Indian Penal Code, 1860 or other law under which the accused is convicted and the punishment to which he is sentenced. If the Judgement is of acquittal, it shall state the offence, of which the accused is acquitted and direct that he be set at liberty section 354(1). Object : The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. The social impact of the crime like where its relates to offences against woman, kidnapping and other offences involving moral delinquency which have great impact on s
Post a Comment

What do you mean by Charge and Charge Sheet

Define Charge :

Under section - 211 it is a precise formulation of allegation against the accused. It is a first notice to the prisoner of informing him about the allegation. It is made in a specific format.
The object is to convey the accused about the allegation brought against him.

Essential of Charge :

  1. There should be specific name of the offence with relevant details.
  2. Under section - 211(1) it should be written in the language of the court. As an example In Bengal, it is written Bengali or English language.
  3. The relevant Act or law with section should be mention.
  4. All the legal condition must be fulfilled.
  5. The word should be clear and specific there should not be any vagueness or confusing matter.

Charge Sheet :

There should be a specific prescribed format where all the matter of charge in details is called charge sheet.

Supplementary Charge Sheet : 

All the details including name of witness description in matter should be clearly mention. If there is any kind of mistake or error in matter of filling charge sheet than mistake or error can be rectify by the process of filling any another charge sheet which known is supplementary charge sheet.

Framing of Charge :

In presence of general Magistrate a question is directly placed or asked to the accused weather he is guilty or not? If he says about his innocence then the trials actually begins.

Case Law :-

C.P. Malick v/s State 1999 CRLJ (Delhi)
It was ruled that at the time of framing or charge examination of evidence is not necessery.
R.S. Redkar v/s State of Maharashtra 1980 CRLJ (Bombay) 
It was held that the charge should be properly filled and the evidence should be related with the matters.

Comments

Post a Comment

Popular posts from this blog

Discuss About Hindu Marriage

Introduction :- According to Sastric norm marriage is the means of consolidating family and caste status. It is the sacrament undergone by the woman when she is given by her relation and accepted by the man in the ceremony called panigrahana. She then passes with him seven step before the sacred fire(Saptapadi), steps accompanied by the appropriate Vedic Mantras. The intention of the sacrament is to make the husband and wife one, physically and psychically secular and spiritual purposes for this life and for after lives. Forms of Hindu marriage :- The Hindu marriage have prescribed two forms of marriage. They are as follows :- 1) Ceremonial Marriage :- This marriage is solemnized after performence of religious rites and ceremonies of either party to the marriage. Where such rites and ceremony include saptapadi the marriage become complete and binding when the seven step is taken. 2) Registered Marriage :- This kind of marriages is completed and registered before the regi
Read more

Judicial Activism

Image
There are three organs of the Government this are Legislature, Executive and Judiciary. Judiciary always play a vital role in the matter of several social or any other critical issues. The activeness of judiciary creates confidence and as well as trust among the common people on over all system because there is a thought that the law is controlled by mostly influencial or rich people. Judicial activism is new line light of the present society. Constitutional obligation and as well as social responsibility are prime factor. So correct creativity vizilance and proper vision are extremely necessity. When there is a failure of Government administration or over all system then Learned Supreme Court or High Court make a cognizance of any serious matter (Suo Moto). It may be through the media reports or any other sources. It is like a safeguard. Several problems are checked by this judicial activism like, ban or prohibition of smoking in public places similarly protection against inh
Read more

Causes of Child Labor in India

Child labor is caused by the several factors, some of them include:- i) Poverty :-   Children who come from poor families may be forced to work to support their siblings(Brother and sister) and parents or supplement the household income when expenses are more than the parents earning it is a huge problem especially in developing countries where parents are unable to generate income due to the lack of employment opportunities or education. children can be found employed in mines or hawking in the streets to earn money that is used to provide basic necessities such as food and clothing for the family. Children may also be employed in factories to generate income for the family instead of attending school such a practice is a common phenomenon in poverty stricken religions with large factories set up by international companies. ii) Low Aspiration :- It is important for parents and children to understand that they can work hard and make something great of themselves. Low aspi
Read more