Topic
Criminal Procedure
1,091 published works
Kirakosian Law Blog
Criminal Case Meaning: What Is the Difference Between a Civil and Criminal Case?
Legal terminology can be confusing, especially after an incident that could involve both a criminal case and a civil case at the same time. Understanding what each term actually means,…
Futeral and Nelson Law Blog
What Is the Difference Between a Felony and a Misdemeanor in South Carolina?
One of the first questions people ask our Charleston criminal defense lawyers after an arrest is, “Is this a felony or a misdemeanor?” It is a fair question. The answer…
Legal Bites
Doctrine of Fruit of the Poisonous Tree: Subsequent Arrest Cannot Legalise Initial Illegal Detention, Rules Allahabad High Court
A police station cannot launder an unlawful detention by later recording a formal arrest and obtaining a remand order. The Allahabad High Court has held that where custody begins in…
Law Web
Supreme Court: Procedural Violation Will Not Vitiate Seizure But Can Affect Evidentiary Value
By Law Web
It is true that non-compliance of the requirements of Section 100 of the Code by itself would not vitiate a seizure and the same would be an irregularity in the…
The Proof of Guilt
Guest Post: Settling the Split — The Argument for Mandatory Rehearing under Section 392
(This is a guest post by Atulit Subramanian)This piece concerns the debate surrounding Section 392 of the Code of Criminal Procedure, 1973 (“CrPC, 1973”) [429 of the Code of Criminal…
The Proof of Guilt
A Sight and Smell Test for Colonial Continuities in Criminal Law
The Bharatiya Nagarik Suraksha Sanhita 2023 reportedly marked a stark and solemn departure from the colonial legacy of criminal laws in India by placing 'Suraksha' (Safety / Security) as paramount.…
The Indian Lawyer Blog
PROCEDURAL VIOLATION DOES NOT VITIATE SEIZURE BUT AFFECTS EVIDENTIARY VALUE: RAMKRUSHNA PRAHLLAD DONGARDIVE V. STATE OF MAHARASHTRA
The Supreme Court in the case of Ramkrushna Prahllad Dongardive v. The State of Maharashtra, Criminal Appeal No. 1432 of 2019 (2026 LiveLaw (SC) 1032) held that non-compliance with Section…
Philadelphia Criminal Defense Blog
PA Superior Court: Post-Sentence Motion Nunc Pro Tunc Must Be Filed Within 10 Days of the Order Granting Permission
Criminal Defense Lawyer Zak T. Goldstein, Esquire The Pennsylvania Superior Court has decided the case of Commonwealth v. Wirfel, 2026 PA Super 224, holding that once a trial court grants…
Law Web
Supreme Court: Under which circumstances Non-collection of tower location of the two mobiles is a serious investigational lapse?
By Law Web
Lapse in collecting tower location of mobile(s) whileobtaining CDR51. During investigation, the investigating officer wasapprised of mobile numbers of the deceased MithileshKumari (D-1) and the accused respondent. PW-19 wasproduced to…
Law Web
Investigating Officer Must Not Create Evidence’ : Supreme Court Upholds Acquittal After Finding Witnesses Were ‘Set Up’
By Law Web
To a lay man, the above circumstances may appearirrelevant in assessing credibility/ trustworthiness of awitness. But to a trained judicial mind it is an importantcircumstance in assessing whether a person…