Criminal Law

Protest Petition - An Explainer
Criminal Law

Protest Petition – An Explainer

A protest petition allows a complainant or informant to challenge a police closure report or final report when they believe the investigation was incomplete, incorrect, or ignored important evidence. After considering the police report and objections, the Magistrate may accept the closure report, reject it and take cognizance where legally justified, order further investigation, or treat the protest petition as a complaint in appropriate cases. A strong protest petition should clearly identify investigative gaps, overlooked evidence, relevant witnesses, and reasons why the police conclusion should not be accepted.

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Section 268 IPC Public Nuisance Meaning & Punishment
Criminal Law

Section 268 – Public Nuisance

Public nuisance refers to an act or illegal omission that causes common injury, danger, obstruction, or annoyance to the public or people living or using property in a particular area. Traditionally addressed under Section 268 of the IPC, the corresponding offence is now covered under the Bharatiya Nyaya Sanhita, 2023. Examples may involve blocking public ways, creating hazardous conditions, excessive public disturbance, or activities affecting public health and safety. Legal action depends on the nature, extent, and circumstances of the nuisance.

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Section 264 IPC False Weighing Instruments Explained
Criminal Law

Section 264 – Fraudulent use of false instrument for weighing

Section 264 of the Indian Penal Code dealt with the fraudulent use of a weighing instrument that a person knew to be false. The provision was intended to protect buyers and sellers from dishonest weighing practices in commercial transactions. To establish the offence, fraudulent use and knowledge that the instrument was false were important elements. With the replacement of the IPC by the Bharatiya Nyaya Sanhita, 2023, similar conduct must now be considered under the applicable provisions of the new criminal law and other relevant weights-and-measures legislation.

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actus reus
Criminal Law

Actus Reus

Actus Reus is the action the person takes to perform the criminal act. This is the physical action behind the crime. One important thing to note is that, if the physical action is a reflex, this is not criminal. Law a criminal action regarded as a constituent element of a crime, as compared with the state of mind of the perpetrator.

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Difference Between Police Custody And Judicial Custody
Criminal Law

Difference Between Police Custody And Judicial Custody

The word ‘custody’ means apprehending someone for protective care. The words “custody” and “arrest” are not synonymous. It is true that in every arrest there is custody but vice versa is not true. Mere utterance of words or gesture or flickering of eyes does not amount to arrest. Actual seizure or touch of a person’s body with a view to arresting is necessary.

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