Criminal
Article 50(2) of the Constitution

Article 50(2) of the Constitution applies to the Accused person only.

Criminal
Bail and Bond

Right to bail/bond is not absolute and when it could be restricted.

Criminal
Bail and Bond

Balancing State interest vs Individual rights in bail/bond application.

Criminal
Bail and Bond

Application of Strict scrutiny rule.

Criminal
Bail and Bond

Criteria for granting or denying bail/bond.

Criminal
Bail and Bond

Right to bail/bond is not absolute and when it could be restricted.

Criminal
Bail and Bond

Guidelines to determine whether bail/bond is excessive.

Criminal
Bail and Bond

Bail pending appeal.

Criminal
Appeal against a conviction

One cannot appeal against a conviction on one's own guilty plea except to the legality of the plea.

Criminal
Test for a defective charge sheet

The test is a substantive one and not a formalistic one

Criminal
Overloading of Charge Sheet.

Preferably, no more than 12 counts should be laid in one charge sheet.

Criminal
when can a retrial be ordered

A retrial can only be ordered where the court is convinced that conviction can be achieved

Criminal
when can a charge be duplex

If they are two independent charges, one cannot be subsumed in the other

Criminal
When can a retrial be ordered

Circumstances in which a retrial can be ordered.

Criminal
Circumstancial evidence &inferring guilt

One should be sure that no other coexisting circumstance would weaken the evidence.

Criminal
Proof beyond reasonable doubt

Prosecution must prove its case beyond reasonable doubt.

Criminal
Dying declaration as evidence

No corroboration is needed for a dying declaration to support conviction.

Criminal
Use of circumstantial evidence

Justification on use of circumstantial evidence.

Criminal
Applying circumstantial evidence

Principles to determine whether circumstantial evidence is sufficient to sustain a conviction.

Criminal
Relying on Circumstantial evidence

In cases of circumstantial evidence, there is always a danger that suspicion may replace legal proof

Criminal
Relying on Circumstantial evidence

Total cumulative effect of all the proved circumstances must be conclusive in establishing guilt.

Criminal
Doctrine of Last Seen

This doctrine must be corroborated so as to establish connectivity between accused and crime.

Criminal
Relying only on Circumstantial evidence

Prosecution must prove motive on the accused to commit the offence.

Criminal
Relying only on Circumstantial evidence

Suspicion, however strong cannot form a basis for inferring guilt, but purely based on evidence.

Criminal
Conviction on Circumstantial evidence

Cumulatively should be so complete, in all human probability, accused committed the crime.

Criminal
Ingredients of murder

malice aforethought causing death of another person by an unlawful act .

Criminal
Circumstantial evidence

Circumstantial evidence is best evidence.

Criminal
Accused burden of innocence

Law places no burden on him to prove his innocence.

Criminal
Defense of Alibi.

By setting up alibi as defense accused does not assume burden of proving alibi.

Criminal
Defense of Alibi.

It ought to be raised at the earliest opportunity.

Criminal
Presumption of innocence

It is in favor of accused unless state proves otherwise beyond reasonable doubt.

Criminal
Taking and recording of plea of guilt.

The procedure to be undertaken by the trial court when taking and recording an accused plea of guilt

Criminal
Is a guilty plea unequivocal?

whether a guilty plea is unequivocal or not depends on the circumstances of the case.

Criminal
Vitiating a guilty plea

Failure to warn accused on minimum sentence of a crime does not vitiate well recorded guilty plea.

Criminal
Duplex Charge sheet.

Prosecution should not allege commission of more than one offence in a single charge sheet.

Criminal
Fatally Defective Charge Sheet.

Test for a fatally defective charge sheet.

Criminal
Test of a defective Charge Sheet.

Test for a defective charge sheet is a substantive one and not a formalistic one.

Criminal
Preferring charges.

Prosecution has the powers and discretion when preparing the charge sheet and prosecuting.

Criminal
Preferring charges.

Prosecution has the powers and discretion when preparing the charge sheet and prosecuting.

Criminal
Objections to a charge sheet

Lawyers should raise objections to a charge sheet if they see likely prejudice.

Criminal
Rejection of charges

Rejection of charges amounts to a discharge under Criminal Procedure Code.

Criminal
Right to fair trial.

A charge sheet should give necessary information to accused to fulfill this right.

Criminal
Pleading when a case starts denovo

Accused does not need to plead afresh when a case starts denovo.

Criminal
Defective charge sheet

Amendment can be done by court at any stage of a trial before the close of the prosecution case.

Criminal
Identification of documents.

Documents to be used during trial should be properly marked and listed to enhance convenience

Criminal
Circumstantial evidence

Admissibility of circumstantial evidence

Criminal
Circumstantial evidence

Conviction should be justified by total cumulative effect of all the proved circumstances.

Criminal
Circumstantial evidence

Prosecution to establish motive as one of the chains linking the accused to the crime

Criminal
Defence of alibi

Prosecution ought to dislodge the accused alibi defence as required in law.

Criminal
Burden of proof

The law places no burden on a defendant to prove his innocence.

Criminal
Defence of alibi

Defence of alibi should be raised at the earliest opportunity.